Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “Claims”) will be resolved by binding arbitration, rather than in court, except that (a) either party may assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 17 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “Claims”) will be resolved by binding arbitration, rather than in court, except that (a) either party may assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • x Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • x Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • x Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • x Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “Claims”DQG RU \RXU DFFHVV WR RU XVH RI 9LDVDW¶V VHUYLFHV ³&OinDcoLurPt, ´ex ceRptUth at³(a&) will be resolved by binding arbitration, rather than in court, except that (a) either party may eOithDeLr pParVty ´ma y ZLOO assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • x Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • x Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • x Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • x Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Scope of Arbitration Agreement. You agree that any and all disputes dispute or claims claim relating in any way to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding Neighborhood Express or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with Viasat and/or your access to or use Neighborhood Express as a consumer of Viasat’s services (“Claim” or “Claims”) our Services will be resolved by binding arbitration, rather than in court, except that (a1) either party you may assert Claims claims in small claims court in the county of if your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b2) you or Viasat Neighborhood Express may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • Any Claims all claims that arose or were asserted before this Agreement or any prior agreement between us; • Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • Any Claims that may arise after the termination Effective Date of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federalCASES HAVE BEEN FILED AGAINST NEIGHBORHOOD EXPRESS—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. AND BY ACCEPTING THIS ARBITRATION AGREEMENT, AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH NEIGHBORHOOD EXPRESS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY ONGOING SUCH CLASS, COLLECTIVE, AND/OR FUTURE PROCEEDINGS REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS NEIGHBORHOOD EXPRESS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON A CLASS-SUCH CLAIMS, COLLECTIVE-, YOU COULD BE AWARDED MONEY OR REPRESENTATIVE-WIDE BASISOTHER RELIEF BY AN ARBITRATOR.
Appears in 1 contract
Samples: Terms and Conditions
Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “Claims”) will be resolved by binding arbitration, rather than in court, except that (a) either party may 9LDVDW¶V VHUYLFHV ³&ODLP´ RU ³&ODLPV´ ZLOO EH UHVROpYarHty Gma yE\ ELQ assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • x Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • x Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • x Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • x Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 1 contract
Samples: Customer Agreement
Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “Claims”) will be resolved yoluverd ac by binding arbitration, rather than in court, except that (a) either party may assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • x Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • x Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • x Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • x Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 1 contract
Samples: Customer Agreement
Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “Claims”) will be resolved UHODWLRQVKLS RU WUDQVDFWLRQV ZLWK 9LDVDW DQG RU \RlXveUd DF by binding arbitration, rather than in court, except that (a) either party may assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • x Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • x Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • x Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • x Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 1 contract
Samples: Customer Agreement
Scope of Arbitration Agreement. You agree that any and all disputes dispute or claims claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Food Fling LLC or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Viasat and/or your access to or use Food Fling LLC as a User of Viasat’s services (“Claim” or “Claims”) our Services will be resolved by binding arbitration, rather than in court, except that (a1) either party you may assert Claims claims in small claims court in the county of if your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-collective, non-representative) basis; and (b2) you or Viasat Food Fling LLC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • Any Claims all claims that arose or were asserted before this Agreement or any prior agreement between us; • Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • Any Claims that may arise after the termination Effective Date of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federalCASES HAVE BEEN FILED AGAINST FOOD FLING LLC—AND OTHERS MAY BE FILED IN THE FUTURE —THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. AND BY ACCEPTING THIS ARBITRATION AGREEMENT, AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH FOOD FLING LLC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY ONGOING SUCH CLASS, COLLECTIVE, AND/OR FUTURE PROCEEDINGS REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS FOOD FLING LLC IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON A CLASS-SUCH CLAIMS, COLLECTIVE-, YOU COULD BE AWARDED MONEY OR REPRESENTATIVE-WIDE BASISOTHER RELIEF BY AN ARBITRATOR.
Appears in 1 contract
Samples: Terms and Conditions
Scope of Arbitration Agreement. You agree that any and all disputes or claims relating in any way to any aspect of your relationship or transactions with Viasat and/or your access to or use of Viasat’s services (“Claim” or “ClaimsClinacoiurmt, ”exceoptrthat“(aC) will be resolved by binding arbitration, rather than in court, except that (a) either party may elithaeir pmarsty ”ma)y assert Claims in small claims court in the county of your billing address if the claims so asserted qualify, so long as the matter remains in such court and advances will only on an individual (non-class, non-collective, non-representative) basis; and (b) you or Viasat may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is intended to be broadly interpreted and shall apply, without limitation, to: • x Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory; • x Any Claims that arose or were asserted before this Agreement or any prior agreement between us; • x Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or • x Any Claims that may arise after the termination of this Agreement. This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against us on your behalf. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY ONGOING OR FUTURE PROCEEDINGS AGAINST VIASAT THAT ATTEMPT TO ASSERT CLAIMS ON A CLASS-, COLLECTIVE-, OR REPRESENTATIVE-WIDE BASIS.
Appears in 1 contract
Samples: Customer Agreement