Current File : /home/staging/www/wp/demo/text/6.txt
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site. Products, or Services shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes. Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration. Any arbitration will be held in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of JAMS then in effect, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. For more information on the Rules please visit: https://www.iamsadr.com/rules-streamlined-arbitration). You and we both agree that arbitrator will conduct hearings. if any. by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. If our or your claim is solely for monetary relief of $10,000 or Iess and does not include a request for any type of equitable remedy, we both agree that the claim will be conducted, through a telephonic hearing under JAMS Rules, solely based on documents submitted to the arbitrator. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you may have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.
If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state or local laws will remain available under this arbitration clause. unless you retain the right to pursue such remedies in court. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms you consent to exclusive jurisdiction and venue in the state or federal courts located in Miami-Dade County, Florida.
For residents outside the United States, arbitration shall be initiated in Miami-Dade County, Flonda. You and we both further agree to submit to the personal jurisdiction of any state or federal court in Miami-Dade County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. We shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attomey's fees and expert witness costs unless we are specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on both us and you. and judgment to enforce the decision may be entered by any court of competent jurisdiction. Both we and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same
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