Common use of How Arbitration Works Clause in Contracts

How Arbitration Works. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under the Comprehensive Dispute Resolution Rules and Procedures then in effect for NAM, except as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, the parties will agree on an alternative administrator that will do so. If no agreement can be made, then the parties agree to jointly petition a court of competent jurisdiction to appoint an administrator that will do so. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with NAM. You may serve us with any arbitration demand by mail to: Noom, Inc., Attn: Legal Department, ▇▇▇ ▇. ▇▇▇▇. St., 11th Floor, New York, NY 10001. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless we agree otherwise with you, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any NAM filing, administrative, and arbitrator fees in accordance with NAM Rules. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the NAM Rules, Rule 11, or other applicable law against the parties or their counsel. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered in any court. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision will not be binding in proceedings involving different users. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

How Arbitration Works. How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be administered held at a place chosen by National Arbitration the arbitration firm in the same city as the U.S. District Court closest to your current billing address, or at some other place to which you and Mediation (“NAM”) under the Comprehensive Dispute Resolution Rules and Procedures then we agree in effect for NAM, except as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, the parties will agree on an alternative administrator that will do so. If no agreement can be made, then the parties agree to jointly petition a court of competent jurisdiction to appoint an administrator that will do so. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with NAMwriting. You may serve us with any obtain copies of the current rules of each of the arbitration demand by mail to: Noom, Inc., Attn: Legal Department, ▇▇▇ ▇. ▇▇▇▇. St., 11th Floor, New York, NY 10001. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send firms and forms and instructions for initiating an arbitration demand to the email address on file for your accountby contacting them as follows: What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. Unless we agree otherwise with you, the arbitration The arbitrator will be conducted in the county (either a lawyer with at least ten years’ experience or parish) where you reside. Each party will be responsible for paying any NAM filinga retired or former judge, administrative, and arbitrator fees selected in accordance with NAM Rulesthe rules of the arbitration firm. As The arbitration will follow procedures and rules of the arbitration firm in courteffect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator shall will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply governing applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the NAM Rules, Rule 11, damages or other relief provided for under applicable law against the parties law. You or their we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall issue a reasoned written decision explaining determine the essential findings rights and conclusions on which obligations between the award is basednamed parties only, and only in respect of the Claims in arbitration, and shall not have any judgment bearing on the award rendered by rights and obligations of any other person, or on the resolution of any other dispute. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non- class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be entered pursued on your or our behalf in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. When is an arbitration award final? The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will not consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding in proceedings involving different userson the parties after fifteen days has passed. Nothing in this section shall prevent either party from seeking injunctive A final and binding award is subject to judicial review and enforcement as provided by the FAA or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Serviceapplicable law.