Common use of Disputes Not Subject to Arbitration Clause in Contracts

Disputes Not Subject to Arbitration. Notwithstanding anything to the contrary in this Section 14(b), the following Disputes are not required to be arbitrated: (A) any Dispute that is within the jurisdiction of a small claims court or an equivalent court (provided, that if such Dispute is transferred, removed, or appealed from small claims court to a different court, then such Dispute will be subject to arbitration); and (B) Disputes regarding the validity or enforceability of this Section 14(b), which are for a court and not an arbitrator to decide (provided, that any Dispute regarding the validity or enforceability of this Agreement as a whole is for the arbitrator, and not a court, to decide). Moreover, this Section 14(b) does not prohibit Customer or Neuronetics, at any time, from: (X) exercising any lawful right to preserve the status quo or obtain possession of property or self-help remedies, including the right to set-off or exercise a statutory lien or other lien granted by law or rule, the right to restrain funds in an account, recoupment, repossession, replevin, or trustee’s sales; (Y) obtaining provisional or ancillary remedies or injunctive relief (other than a stay of arbitration), including attachment, garnishment, interpleader, or the appointment of a receiver by a court of appropriate jurisdiction; or (Z) bringing an individual action in court that is limited to preventing the other party from using a self-help or non-judicial remedy and that does not involve a request for damages or monetary relief of any kind. A party may also seek relief in a court with jurisdiction to move to compel arbitration or stay litigation.