Common use of Dispute Resolution; Binding Arbitration Clause in Contracts

Dispute Resolution; Binding Arbitration. This Service License shall be construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of laws principles. Exclud- ing Company’s enforcement rights with respect to any outstanding payments due or owing, any and all disputes between the Parties arising from or related to this Agreement shall be heard and determined by binding arbitration in California in accordance herein. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE AC- TION WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING FROM OR IN CONNEC- TION WITH THIS SERVICE LICENSE OR THE SUBJECT MATTER HEREIN. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAIL- ABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTH- ERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATU- TORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELAT- ING IN ANY WAY TO THIS SERVICE LICENSE OR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLU- SIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in ac- cordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and en- forcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or oth- erwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the Parties, and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTI- TLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbi- tral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent ju- risdiction. The foregoing provisions shall not limit the right of Company to commence any action or proceeding to compel arbitration, to obtain injunctive relief pending the appointment of an arbitrator, or to obtain execution of any award rendered in any such action or proceeding, in any other appropriate jurisdiction or in any other manner. Without limitation, Company is not bound by or required to seek any outstanding monies due or payable and may seek all ap- propriate legal and equitable relief in California state and federal courts or otherwise as available. The Parties agree to accept service of process by mail at its or their business ad- dress listed herein and waive any jurisdictional or venue defenses available to them. The prevailing Party shall be entitled to an award of its reasonable attorneys’ fees and costs.

Dispute Resolution; Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. THROUGH USE OF THIS SITE YOU ARE GIVING UP CERTAIN RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR 4SUREFUN MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Service License shall Section is intended to be construed in accordance with the laws of the United States of America and the State of California, without regard interpreted broadly to its conflicts of laws principles. Exclud- ing Company’s enforcement rights with respect to any outstanding payments due or owing, any and encompass all disputes between the Parties or claims arising out of this Agreement, or Your purchase, or use of any product or service from or related to this Agreement shall be heard and determined by binding arbitration in California in accordance herein4SUREfun. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE AC- TION WITH RESPECT TO ANY DISPUTE OR CLAIM MADE BY YOU AGAINST 4SUREFUN ARISING FROM OUT OF OR IN CONNEC- TION WITH RELATING TO THIS AGREEMENT, OR YOUR PURCHASE OR USE OF ANY 4SUREFUN SERVICE LICENSE OR THE SUBJECT MATTER HEREIN. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAIL- ABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, PRODUCT REGARDLESS OF WHETHER SUCH DISPUTE OR CONTROVERSY (WHETHER CLAIM IS BASED IN CONTRACT, TORT OR OTH- ERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATU- TORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMSSTATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) BETWEEN YOU AND COMPANY ARISING FROM OR RELAT- ING IN ANY WAY TO THIS SERVICE LICENSE OR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLU- SIVELY AND FINALLY BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in ac- cordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and en- forcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or oth- erwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the Parties, and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTI- TLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbi- tral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent ju- risdiction. The foregoing provisions shall not limit the right of Company to commence any action or proceeding to compel arbitration, to obtain injunctive relief pending the appointment of an arbitrator, or to obtain execution of any award rendered in any such action or proceeding, in any other appropriate jurisdiction or in any other manner. Without limitation, Company is not bound by or required to seek any outstanding monies due or payable and may seek all ap- propriate legal and equitable relief in California state and federal courts or otherwise as available. The Parties agree to accept service of process by mail at its or their business ad- dress listed herein and waive any jurisdictional or venue defenses available to them. The prevailing Party shall be entitled to an award of its reasonable attorneys’ fees and costsDESCRIBED BELOW.