Common use of Arbitration and Class Action Waiver Clause in Contracts

Arbitration and Class Action Waiver. Both parties agree that, except as otherwise provided herein, all disputes (including any dispute involving interpretation, applicability, enforceability, or formation of the Agreement, including any claim that the Agreement or any part of it is void or voidable)will be resolved by binding, individual arbitration under the American Arbitration Association’s rules. Both parties waive trial by jury. As an alternative, either party may bring a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such in accordance with the Governing Law and Venue section above. Customer may bring claims only on its own behalf. Neither party may participate in a class action or class­wide arbitration for any claims covered by this Agreement. Xxxxxxxx also agrees not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. Darkspire Hosting will pay all arbitration fees (excluding attorneys’ fees) for claims less than $10,000. Darkspire Hosting will not seek its attorney’s fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. ● You may opt out of this agreement to arbitrate. If Customer does opt out, neither party can require the other to participate in an arbitration proceeding. To opt out, Customer must notify us in writing, via the following email or mail address, within thirty (30) days of the date that Customer first became subject to this arbitration provision: Darkspire, Inc. ATTN: LEGAL – Arbitration Opt­Out, 0000 Xxxx Xxxx Xxxxx, XxXxxxxx, XX 00000; and/or, xxxxx@xxxxxxxxxxxxxx.xxx. Customer must include their name, residence address, and a clear statement that Customer wants to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if Customer opts­out of arbitration then all of the preceding language in this section will be null and void and the Governing Law and Venue section shall control. This arbitration agreement will survive the termination of Customer’s relationship with us. The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragraph.

Arbitration and Class Action Waiver. Both parties agree thatPLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, except as otherwise provided herein, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes (between AROMS and you, including but not limited to, claims arising out of or relating to any dispute involving interpretation, applicability, enforceability, or formation aspect of the Agreementrelationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement; and claims that may arise, including those that arise after the termination of these Terms of Use (collectively, “Disputes”). You agree to resolve any claim that the Agreement or any part of it is void or voidable)will and all Disputes with AROMS as follows: Initial Dispute Resolution and Mediation. Most disputes can be resolved by binding, individual arbitration under informally without resorting to litigation. You can reach AROMS’s support department at xxxx@xxxxxxx.xxx. You and AROMS agree to use your best efforts to settle any Dispute directly through consultation through the American Arbitration Association’s rules. Both parties waive trial by jury. As an alternative, either party may bring a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such in accordance with the Governing Law and Venue section above. Customer may bring claims only on its own behalf. Neither party may participate in a class action or class­wide arbitration for any claims covered by this Agreement. Xxxxxxxx also agrees not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration ActAROMS support department. In the event a resolution is not reached thereby, you and AROMS agree to engage in a good faith mediation after an exchange of relevant documentary support and before either party initiates a binding arbitration proceeding. Binding Arbitration as an Exclusive Remedy. If the American Arbitration Association is unwilling or unable to set parties do not reach a hearing date resolution of any Dispute within one hundred and sixty a period of thirty (16030) days of filing from the casetime any informal dispute resolution or mediation is initiated under the Initial Dispute Resolution provision above, then either party may elect initiate binding arbitration as the sole and exclusive means to have resolve Disputes. Specifically, all claims arising out of or relating to these Terms of Use or previous versions of these Terms of Use, the parties’ relationship with each other, and/or your use of the Platform shall be finally resolved by binding arbitration administered instead by the Judicial Arbitration before a single neutral arbitrator, and Mediation Services. Judgment judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdictionjurisdiction thereof. Any provision Arbitration shall be initiated solely and exclusively in the State of applicable law notwithstandingUtah, County of Salt Lake. You and AROMS further hereby agree to submit to the arbitrator will not have authority personal jurisdiction of any federal or state court in Salt Lake County, Salt Lake City, Utah in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on any award damages, remedies or awards that conflict with this Agreemententered by the arbitrator. Darkspire Hosting will pay all arbitration fees (excluding attorneys’ fees) for claims less than $10,000. Darkspire Hosting will not seek Each party shall bear its attorney’s own legal fees and costs of arbitration. Failure by either party to timely pay all arbitrator fees and costs, as and when billed (subject only to good faith setoffs as determined by the arbitrator), shall constitute a material breach of these Terms of Use and shall result in arbitration unless the arbitrator determines that your claim is frivolous. ● You may opt out entry of this agreement to arbitrate. If Customer does opt out, neither a default judgment against the breaching party can require the other to participate in an arbitration proceeding. To opt out, Customer must notify us in writing, via the following email or mail address, within thirty (30) days of the date that Customer first became subject to this arbitration provision: Darkspire, Inc. ATTN: LEGAL – Arbitration Opt­Out, 0000 Xxxx Xxxx Xxxxx, XxXxxxxx, XX 00000; and/or, xxxxx@xxxxxxxxxxxxxx.xxx. Customer must include their name, residence address, and a clear statement that Customer wants to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if Customer opts­out of arbitration then for all of the preceding language in this section will be null and void and the Governing Law and Venue section shall control. This arbitration agreement will survive the termination of Customer’s relationship with us. The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragraphclaimed relief.

Arbitration and Class Action Waiver. Both parties agree that, except as otherwise provided herein, all disputes Any controversy or claim arising out of or relating to the terms of this Agreement or Qijialiye's Privacy Policy (including any dispute involving interpretation, applicability, enforceability, or formation claimed breach thereof) shall be settled by mandatory arbitration in accordance with the laws of the AgreementFederal Arbitration Act before a single arbitrator. If Qijialiye and User cannot agree on the appointment of an arbitrator, including any claim that the Agreement or any part of it is void or voidable)will then such arbitrator shall be resolved appointed by binding, individual arbitration under the American Arbitration Association’s rules. Both parties waive trial by jury. As an alternative, either party may bring a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such The arbitration shall be conducted in accordance with the Governing Law Commercial Arbitration Rules and Venue section above. Customer may bring claims only on its own behalf. Neither party may participate in a class action or class­wide arbitration for any claims covered by this Agreement. Xxxxxxxx also agrees not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event Mediation Procedures of the American Arbitration Association is unwilling Association. Other than the initial filing fees to be paid by the person or unable to set a hearing date within one hundred and sixty (160) days entity bringing the Arbitration, the costs of filing the case, then either party may elect to have the arbitration administered instead by shall be split 50/50; provided, however, that the Judicial Arbitration arbitrator has no ability to award attorney's fees or costs incurred on any person's behalf in connection with any arbitration proceeding. The Arbitrator is limited to deciding matters that exist between Qijialiye and Mediation ServicesUser only. The Arbitrator shall follow the case and statutory authorities of Texas and federal law, as may apply to a particular claim. Judgment on upon the award rendered by the arbitrator may be entered in any court having competent jurisdictionjurisdiction thereof. Any provision of applicable law notwithstandingARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEAN NEITHER USER NOR Qijialiye MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. ONLY A COURT, AND NOT AN ARBITRATOR, SHALL DETERMINE THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER. IF THE CLASS ACTION WAIVER IS DEEMED TO BE UNENFORCEABLE, Qijialiye AND USER AGREE THAT THIS AGREEMENT IS OTHERWISE SILENT AS TO ANY PARTY'S ABILITY TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN ARBITRATION. THE ARBITRATOR MAY NOT CONSIDER AND HAS NO AUTHORITY TO CONSIDER ANY CLAIMS ALLEGED AS CLASS OR COLLECTIVE ACTIONS OR AS A REPRESENTATIVE MATTER. As noted, the arbitrator will not have Arbitrator's authority to award damages, remedies resolve and make written awards is limited to claims between Qijialiye and User only. Claims of different individuals or awards that conflict with this Agreement. Darkspire Hosting will pay all entities may not be joined or consolidated in any arbitration fees (excluding attorneys’ fees) for claims less than $10,000. Darkspire Hosting will not seek its attorney’s fees between Qijialiye and costs in arbitration unless the arbitrator determines that your claim is frivolous. ● You may opt out of this agreement to arbitrate. If Customer does opt out, neither party can require the other to participate in an arbitration proceeding. To opt out, Customer must notify us in writing, via the following email or mail address, within thirty (30) days of the date that Customer first became subject to this arbitration provision: Darkspire, Inc. ATTN: LEGAL – Arbitration Opt­Out, 0000 Xxxx Xxxx Xxxxx, XxXxxxxx, XX 00000; and/or, xxxxx@xxxxxxxxxxxxxx.xxx. Customer must include their name, residence addressUser, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by Qijialiye and User. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not named as a clear statement that Customer wants party to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if Customer opts­out of arbitration then all of the preceding language in this section will be null and void and the Governing Law and Venue section shall control. This arbitration agreement will survive the termination of Customer’s relationship with us. The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragrapharbitration.

Arbitration and Class Action Waiver. Both parties agree thatWe have put this Arbitration and Class Action Waiver Clause (“Arbitration Clause”) in question and answer form to make it easier to understand. However, except as this Arbitration Clause is part of your Agreement and is legally binding. All capitalized terms not otherwise provided hereindefined in this Arbitration Clause are defined in the Agreement. BACKGROUND AND SCOPE QUESTION SHORT ANSWER FURTHER DETAIL What is arbitration? An alternative to court In arbitration, all disputes a neutral third-party arbitrator (including any dispute involving interpretation“Arbitrator”) resolves Disputes in an informal hearing (“hearing”) on an individual basis. Is it different from court and jury trials? Yes The hearing is private. There is no court or jury. It is usually less formal, applicabilityfaster and less expensive than a court lawsuit. Pre-hearing fact finding (called “discovery”) is limited. Appeals are limited. Courts rarely overturn arbitration awards. Can you opt-out of (reject) this Arbitration Clause? Yes, enforceabilitywithin 60 days If you do not want this Arbitration Clause to apply, or formation you must send us a signed notice within 60 calendar days after you sign your Agreement. You must send the notice in writing (and not electronically) to Our Regular Notice Address, Attn: Arbitration Opt-Out. Provide your name, address and account number. State that you “opt out” of the Agreement, including any claim that Arbitration Clause. Opting out will not affect the Agreement or any part other provisions of it is void or voidable)will be resolved by binding, individual arbitration under the American Arbitration Association’s rules. Both parties waive trial by jury. As an alternative, either party may bring a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such in accordance with the Governing Law and Venue section above. Customer may bring claims only on its own behalf. Neither party may participate in a class action or class­wide arbitration for any claims covered by this Agreement. Xxxxxxxx also agrees not If you opt out, it will apply only to participate in claims brought in a private attorney general this Agreement. What is this Arbitration Clause about? The parties' agreement to arbitrate Disputes Unless prohibited by applicable law and unless you opt out, you and we agree that you or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have arbitrate individually or require individual arbitration of any "Dispute" as defined below. Who does the arbitration administered instead by Arbitration Clause cover? You, us and certain "Related Parties" This Arbitration Clause governs you and us, your heirs and our agents (including Avant, which provides certain services related to your Account). It also covers certain "Related Parties": (1) our and Avant’s parents, subsidiaries, affiliates and their successors and assigns; (2) our and Avant’s employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. Darkspire Hosting will pay all arbitration fees (excluding attorneys’ fees) for claims less than $10,000. Darkspire Hosting will not seek its attorney’s fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. ● You may opt out of this agreement to arbitrate. If Customer does opt out, neither party can require the other to participate in an arbitration proceeding. To opt out, Customer must notify us in writing, via the following email or mail address, within thirty (30) days of the date that Customer first became subject to this arbitration provision: Darkspire, Inc. ATTN: LEGAL – Arbitration Opt­Out, 0000 Xxxx Xxxx Xxxxx, XxXxxxxx, XX 00000; and/or, xxxxx@xxxxxxxxxxxxxx.xxx. Customer must include their name, residence address, and same time you pursue a clear statement that Customer wants to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if Customer opts­out of arbitration then all of the preceding language in this section will be null and void and the Governing Law and Venue section shall control. This arbitration agreement will survive the termination of Customer’s relationship related Dispute with us. The parties further agree that the pricing and terms of this Agreement were made in reliance upon agreement to this paragraph.