Common use of LAW, JURISDICTION, AND DISPUTE RESOLUTION Clause in Contracts

LAW, JURISDICTION, AND DISPUTE RESOLUTION. 10.4.1 Other than as specifically indicated below, to the extent permitted by applicable law, this XXXX and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the XXXX or its subject matter or formation (including non-contractual disputes or claims). 10.4.2 If you are a resident of the United States, to the extent permitted by applicable law, this XXXX, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This XXXX shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this XXXX. UBISOFT’s goal is to provide you with a neutral and cost-effective means of resolving a dispute quickly. Thus, for any claim related to this XXXX where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form accessible at xxxxx://xxxxx.xxx.xxx/documents/noticeofdispute_US.html. UBISOFT may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of UBISOFT's offer to settle or UBISOFT's receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration accessible at xxxxx://xxxxx.xxx.xxx/documents/demandforarbitration_US.html. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) UBISOFT will pay all costs for non-frivolous claims;

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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LAW, JURISDICTION, AND DISPUTE RESOLUTION. 10.4.1 Other than as specifically indicated below, to the extent permitted by applicable law, this XXXX and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the XXXX or its subject matter or formation (including non-contractual disputes or claims). 10.4.2 If you are a resident of the United States, to To the extent permitted by applicable law, this XXXX, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This XXXX shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this XXXX. . 10.4.2 UBISOFT’s goal is to provide you with a neutral and cost-effective means of resolving a dispute quickly. Thus, for any claim related to this XXXX where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form accessible at xxxxx://xxxxx.xxx.xxx/documents/noticeofdispute_US.html. UBISOFT may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of UBISOFT's offer to settle or UBISOFT's receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration accessible at xxxxx://xxxxx.xxx.xxx/documents/demandforarbitration_US.html. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) UBISOFT will pay all costs for non-frivolous claims;; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) UBISOFT may not seek reimbursement of its attorney's fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than UBISOFT's last written settlement offer, UBISOFT will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of your attorney's fees, (i) claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section. 10.4.3 For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 10.4.2 of this XXXX, it is hereby agreed that any action at law or in equity arising under this XXXX shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law. 10.4.4 All claims you bring against UBISOFT must be resolved in accordance with this Section 10. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this XXXX. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. For any questions concerning this XXXX, you may contact UBISOFT at the following address: xxxxxxx@xxxxxxx.xxx. THIS XXXX IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW. These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft * updates, * supplements, * Internet-based services, and * support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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LAW, JURISDICTION, AND DISPUTE RESOLUTION. 10.4.1 Other than as specifically indicated below, to the extent permitted by applicable law, this XXXX and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the XXXX or its subject matter or formation (including non-contractual disputes or claims). 10.4.2 If you are a resident of the United States, to the extent permitted by applicable law, this XXXX, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-non- contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This XXXX shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this XXXX. UBISOFT’s goal is to provide you with a neutral and cost-effective means of resolving a dispute quickly. Thus, for any claim related to this XXXX where the total amount sought (i) is equal to or more than $10,000 USD, you may, or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form accessible at xxxxx://xxxxx.xxx.xxx/documents/noticeofdispute_US.html. UBISOFT may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of UBISOFT's offer to settle or UBISOFT's receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration accessible at xxxxx://xxxxx.xxx.xxx/documents/demandforarbitration_US.html. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in San Francisco County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) UBISOFT will pay all costs for non-frivolous claims;.

Appears in 1 contract

Samples: End User License Agreement

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