Common use of Applicability of Arbitration Agreement Clause in Contracts

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by BACK MARKET that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and BACK MARKET, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BACK MARKET should be sent to: Legal Department, Back Market, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET 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”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If 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 the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at ▇▇▇.▇▇▇.▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). 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 1 contract

Sources: Terms of Service

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive You agree that any dispute or other equitable relief as set forth below) claim relating in connection with the Agreement any way to your access or the use of the Site, Services, Products, or to any product or service provided by BACK MARKET that cannot aspect of your relationship with ULTRA ORAL CARE, will be resolved informally or by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court shall be resolved by binding arbitration if your claims qualify, so long as the matter remains in such court and advances only on an individual basis under (non-class, non-representative) basis; and (2) you or ULTRA ORAL CARE 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 shall apply, without limitation, to all claims that arose or were asserted before the terms effective date of this Agreement (i.e., the date upon which you agreed to this Agreement) or any prior version of this Agreement. ▪ IF YOU AGREE TO ARBITRATION WITH ULTRA ORAL CARE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST ULTRA ORAL CARE ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE ULTRA ORAL CARE IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT. ▪ Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Unless otherwise agreedTo begin an arbitration proceeding, all you must send a letter requesting arbitration proceedings will be held in English. This Arbitration Agreement applies and describing your claim to you and BACK MARKETour registered agent at Corporation Trust Center, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BACK MARKET should be sent to: Legal Department, Back Market, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an The arbitration proceeding. The amount of any settlement offer made will be conducted 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”)JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this sectionprovider. If AAA is Disputes involving claims and counterclaims under $250,000, not available inclusive of attorneys’ fees and interest, shall be subject to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules JAMS’s most current version of the ADR Provider Streamlined Arbitration Rules and procedures available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-streamlined-arbitration/; all other claims shall govern all aspects be subject to JAMS’s most current version of the arbitrationComprehensive Arbitration Rules and Procedures, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-comprehensive-arbitration/. JAMS’s rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are also available online at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or by calling the AAA JAMS at ▇-▇▇▇-▇▇▇-▇▇▇▇. The If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ULTRA ORAL CARE will pay them for you. In addition, ULTRA ORAL CARE will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, ULTRA ORAL CARE will not seek attorneys’ fees and costs in arbitration shall be unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by a singletelephone, neutral arbitrator. Any claims based on written submissions, or disputes in person in the country where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, you live or 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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearingsanother mutually agreed location. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). 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 1 contract

Sources: Terms of Use

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as After following the sequential dispute resolution process set forth below) above, you agree that any dispute or claim relating in connection with the Agreement any way to your access or the use of the Application, Website and Service, to any product products sold or service provided by BACK MARKET that cannot distributed through the Application, Website and Service, or to any aspect of your relationship with Block, will be resolved informally or by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court shall be resolved by binding arbitration if your claims qualify, so long as the matter remains in such court and advances only on an individual basis under (non-class, non-representative) basis; and (2) you or Block 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 shall apply, without limitation, to all claims that arose or were asserted before the terms effective date of this Agreement or any prior version of this Agreement. IF YOU AGREE TO ARBITRATION WITH BLOCK, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST BLOCK ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Unless otherwise agreedTo begin an arbitration proceeding, all you must send a demand requesting arbitration proceedings will be held in English. This Arbitration Agreement applies and describing your claim to you and BACK MARKETour registered agent: United Corporate Services, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BACK MARKET should be sent to: Legal Department, Back MarketInc., ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ Suite C, ▇▇▇▇▇▇▇▇▇Dover, ▇▇ ▇▇▇▇▇. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceedingDelaware 19904. The amount of any settlement offer made arbitration will be conducted 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”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this sectionprovider. Disputes involving claims and counterclaims under $75,000, not inclusive of attorneys’ fees and interest, shall be subject to AAA’s most current version of the Expedited Arbitration Rules and procedures; all other claims shall be subject to AAA’s most current version of the Commercial Arbitration Rules. If AAA is the arbitrator finds that you cannot available afford to arbitratepay AAA’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from AAA, Block will pay them for you. In addition, Block will reimburse all such AAA’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If you decline to choose where and how to have the arbitration conducted pursuant to this paragraph, the parties shall agree to select an alternative ADR Provider. The rules of locale for 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 the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at ▇▇▇.▇▇▇.▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. The arbitration shall be conducted by a singleNew York, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearingsNew York. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). 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 1 contract

Sources: Terms of Use

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by BACK MARKET that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and BACK MARKET, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BACK MARKET should be sent to: Legal Department, Back MarketBACK MARKET, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET 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”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If 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 the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at ▇▇▇.▇▇▇.▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). 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. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or BACK MARKET pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and BACK MARKET, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BACK MARKET. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and BACK MARKET in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BACK MARKET WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Appears in 1 contract

Sources: Terms of Service Agreement

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive a) You agree that any dispute or other equitable relief as set forth below) claim relating in connection with the Agreement any way to your access or the use of the Website or Services or to any product or service provided by BACK MARKET that cannot aspect of your relationship with Ureeka, will be resolved informally or by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court shall be resolved by binding arbitration if your claims qualify, so long as the matter remains in such court and advances only on an individual basis under the terms (non-class, non-representative) basis; and (2) you or Ureeka 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). (b) Except as otherwise provided herein, this Arbitration Agreement. Unless otherwise agreedAgreement also applies without limitation to all disputes between Talent and Ureeka’s fiduciaries, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and BACK MARKET, and to any subsidiariesadministrators, affiliates, agentssubsidiaries, parents, and their respective employees, predecessors in interest, successorsdirectors and officers, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Notice Requirement successors and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BACK MARKET should be sent to: Legal Department, Back Market, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET 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 assigns 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”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If 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 arbitrationthem, including but not limited to the method of initiating and/or demanding arbitrationany dispute, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at ▇▇▇.▇▇▇.▇▇▇ controversy or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). Each party shall bear its own costs (including attorney’s fees) and disbursements claim arising out of the arbitration and shall pay an equal share relating to this Agreement or Talent’s relationship with Ureeka, including termination of the fees relationship. (c) Except as is otherwise provided or required by law, this Arbitration Agreement also applies without limitation, and costs to the fullest extent permitted by law, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Ureeka and covered by the ADR ProviderEmployee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims. (d) This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

Appears in 1 contract

Sources: Terms of Service Agreement

Applicability of Arbitration Agreement. All claims You agree that any dispute between you and disputes (excluding claims for injunctive us relating in any way to the Services or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by BACK MARKET that cannot this Agreement, will be resolved informally or by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court shall be resolved by binding arbitration if your claims qualify, so long as the matter remains in such court and advances only on an individual basis under the terms (non-class, non-representative) basis; and (2) you or CrisisGo may seek equitable relief in court for infringement or other misuse of this Arbitration Agreement. Unless otherwise agreedintellectual property rights (such as trademarks, all arbitration proceedings will be held in Englishtrade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement applies shall apply, without limitation, to you and BACK MARKET, and to all claims that arose or were asserted before the Effective Date of this Agreement or any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries prior version of services or goods provided under the this Agreement. Notice Requirement and Informal Dispute ResolutionIF YOU AGREE TO ARBITRATION WITH CRISISGO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST CRISISGO ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. Before either party may seek arbitrationINSTEAD, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or disputeBY AGREEING TO ARBITRATION, and the requested reliefYOU MAY BRING COVERED CLAIMS AGAINST CRISISGO ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. A Notice to BACK MARKET should be sent to: Legal DepartmentIF SUCCESSFUL ON SUCH CLAIMS, Back Market, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET 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”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If 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 the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at ▇▇▇YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.▇▇▇.▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). 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 1 contract

Sources: Terms of Service

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as After following the sequential dispute resolution process set forth below) above, you agree that any dispute or claim relating in connection with the Agreement any way to your access or the use of the Application, Website and Service, to any product products sold or service provided by BACK MARKET that cannot distributed through the Application, Website and Service, or to any aspect of your relationship with Block, will be resolved informally or by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court shall be resolved by binding arbitration if your claims qualify, so long as the matter remains in such court and advances only on an individual basis under (non-class, non-representative) basis; and (2) you or Block 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 shall apply, without limitation, to all claims that arose or were asserted before the terms effective date of this Agreement or any prior version of this Agreement. IF YOU AGREE TO ARBITRATION WITH BLOCK, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST BLOCK ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST BLOCK IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THE TERMS, INCLUDING THIS ARBITRATION AGREEMENT. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Unless otherwise agreedTo begin an arbitration proceeding, all you must send a demand requesting arbitration proceedings will be held in English. This Arbitration Agreement applies and describing your claim to you and BACK MARKETour registered agent: United Corporate Services, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to BACK MARKET should be sent to: Legal Department, Back MarketInc., ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ Suite C, ▇▇▇▇▇▇▇▇▇Dover, ▇▇ ▇▇▇▇▇. After the Notice is received, you and BACK MARKET may attempt to resolve the claim or dispute informally. If you and BACK MARKET do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceedingDelaware 19904. The amount of any settlement offer made arbitration will be conducted 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”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this sectionprovider. Disputes involving claims and counterclaims under $75,000, not inclusive of attorneys’ fees and interest, shall be subject to AAA’s most current version of the Expedited Arbitration Rules and procedures; all other claims shall be subject to AAA’s most current version of the Commercial Arbitration Rules. If AAA is the arbitrator finds that you cannot available afford to arbitratepay AAA’s filing, the parties shall agree to select an alternative ADR Provideradministrative, hearing and/or other fees and cannot obtain a waiver from AAA, Block will pay them for you. The rules of the ADR Provider shall govern all aspects of the arbitrationIn addition, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at ▇▇▇.▇▇▇.▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇▇ will reimburse all such AAA’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If you decline to choose where and how to have the arbitration conducted pursuant to this paragraph, the locale for the arbitration shall be conducted by a singleNew York, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $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 (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearingsNew York. 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 BACK MARKET made to you prior to the initiation of arbitration, BACK MARKET will pay you the greater of the award or $50,000 (USD). 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.

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