Notice Requirement and Informal Dispute Resolution. Before either Party may seek arbitration, the Party seeking relief must first send to the other Parties a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, the Parties may attempt to resolve the claim or dispute informally. If the Parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either Party may begin an arbitration proceeding. The amount of any settlement offer made by any Party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party is entitled. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the AAA is not available to arbitrate, the Parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the Party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the AAA Rules. Any hearing will be held in a location within 100 miles of the business premises of the Party seeking relief, unless, and unless the Parties agree otherwise. The Parties will endeavor to allow for non-appearance based arbitration via digital, real time communications among themselves and the arbitrator. The arbitrator shall give the Parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each Party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Appears in 2 contracts
Samples: Co Author Collaboration Agreement, Co Author Collaboration Agreement
Notice Requirement and Informal Dispute Resolution. Before either Party party may seek arbitration, the Party seeking relief party must first send to the other Parties party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to CEonpoint should be sent to our address as indicated in our contact section. After the Notice is received, the Parties you and CEonpoint may attempt to resolve the claim or dispute informally. If the Parties you and CEonpoint do not resolve the claim or dispute within thirty (30) days after the Notice is received, either Party party may begin an arbitration proceeding. The amount of any settlement offer made by any Party party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA) Rules”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the AAA is not available to arbitrate, the Parties parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreementthe Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the Party party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD US $10,000.00) or more, the right to a hearing will be determined by the AAA Arbitration Rules. Any hearing will be held in a location within 100 miles of the CEonpoint’s business premises premises, unless you reside outside of the Party seeking relief, unlessUSA, and unless the Parties parties agree otherwise. The Parties will endeavor to allow for non-appearance based arbitration via digitalIf you reside outside of the USA, real time communications among themselves and the arbitrator. The arbitrator shall give the Parties parties reasonable notice of the date, time and place of any oral hearings, as detailed belowherebelow. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each Party party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Appears in 1 contract
Samples: Terms and Conditions of Service
Notice Requirement and Informal Dispute Resolution. Before either Party party may seek arbitration, the Party seeking relief party must first send to the other Parties party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to AGGREGATE LLC should be sent to: [00 Xxxxxxxxxx Xx. #000, Xxxxx Xxxxx, XX, 00000, Xxxxxx Xxxxxx]. After the Notice is received, the Parties you and AGGREGATE LLC may attempt to resolve the claim or dispute informally. If the Parties you and AGGREGATE LLC do not resolve the claim or dispute within thirty (30) days after the Notice is received, either Party party may begin an arbitration proceeding. The amount of any settlement offer made by any Party party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party party is entitled. o Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (AAA) RulesJAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the AAA JAMS is not available to arbitrate, the Parties parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreementthe Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the Party party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD US $10,000.00) or more, the right to a hearing will be determined by the AAA Arbitration Rules. Any hearing will be held in a location within 100 miles of the business premises your residence, unless you reside outside of the Party seeking relief, unlessUnited States, and unless the Parties parties agree otherwise. The Parties will endeavor to allow for non-appearance based arbitration via digitalIf you reside outside of the U.S., real time communications among themselves and the arbitrator. The arbitrator shall give the Parties parties reasonable notice of the date, time and place of any oral hearings, as detailed belowhearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that AGGREGATE LLC made to you prior to the initiation of arbitration, AGGREGATE LLC will pay you the greater of the award or $2,500. Each Party party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Appears in 1 contract
Samples: Terms of Use Agreement
Notice Requirement and Informal Dispute Resolution. Before either Party party may seek arbitration, the Party seeking relief party must first send to the other Parties party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: xxxx@xxxxxxxx.xxx. After the Notice is received, you and the Parties Company may attempt to resolve the claim or dispute informally. If you and the Parties Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, then either Party party may begin an arbitration proceeding. The amount of any settlement offer made by any Party party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party party is entitled. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA) Rules”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the AAA is not available to arbitrate, then the Parties parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including including, but not limited to to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreementthe Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the Party party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD US $10,000.00) or more, the right to a hearing will be determined by the AAA Arbitration Rules. Any hearing will be held in a location within 100 miles of the business premises of the Party seeking reliefSan Francisco, unless, and California unless the Parties parties agree otherwise. The Parties will endeavor to allow for non-appearance based arbitration via digitalIf you reside outside of the U.S., real time communications among themselves and then the arbitrator. The arbitrator shall give the Parties parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each Party party shall bear its own costs (including attorney’s attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Appears in 1 contract
Samples: Terms of Use
Notice Requirement and Informal Dispute Resolution. Before either Party party may seek arbitration, the Party seeking relief party must first send to the other Parties party a written Notice of Dispute (a “"Notice”") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Mumu Mandarin Legal Dept., 00000 Xxxxxxxx Xxxx, Xxxxxxx, XX 00000. After the Notice is received, the Parties parties may attempt to resolve the claim or dispute informally. If the Parties parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either Party party may begin an arbitration proceeding. The amount of any settlement offer made by any Party party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either Party party is entitled. Arbitration Rules. Arbitration shall will be initiated through the American Arbitration Association ("AAA) Rules"), an established alternative dispute resolution provider (“"ADR Provider”") that offers arbitration as set forth in this sectionSection. If the AAA is not available to arbitrate, the Parties shall parties will agree to select an alternative ADR Provider. The rules of the ADR Provider shall will govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreementthe Terms of Service. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitration shall will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the Party party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD US $10,000.00) or more, the right to a hearing will be determined by the AAA Arbitration Rules. Any hearing will be held in a location within 100 miles of the business premises your residence, unless you reside outside of the Party seeking relief, unlessUnited States, and unless the Parties parties agree otherwise. The Parties If you reside outside of the U.S. the arbitrator will endeavor to allow for non-appearance based arbitration via digital, real time communications among themselves and the arbitrator. The arbitrator shall give the Parties parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or $2,500.00. Each Party shall party will bear its own costs (including attorney’s attorneys' fees) and disbursements arising out of the arbitration and shall will pay an equal share of the fees and costs of the ADR Provider.
Appears in 1 contract
Samples: Terms of Service Agreement