Common use of Exceptions to Arbitration Clause in Contracts

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any Dispute that may be brought in small claims court. You may opt out of the binding arbitration described in this section by sending us written notice of your desire to do so by email at ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇▇▇▇▇ (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any Dispute that may be brought in small claims court. You may opt out of the binding arbitration described in this section by sending us written notice of your desire to do so by email at ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇▇.▇▇▇ (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief; and (d) . If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that may portion of this provision found to be brought in small claims illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. You may opt out of Program payments - Given that the binding arbitration described in this section by sending us written notice of your desire preparations and resources dedicated for a given program— which are directly dependent on the participant headcount—refunds will not be given. Therefore, we encourage registrants to do so by email at be clear about their decision to attend a program before making any payment. In the rare event a refund for program fees is considered, the refund processing time could take up to 90 days and is subject to the restrictions/ permission, if any, or any other applicable law. All queries should be addressed to ▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇▇▇▇▇ (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice within the relevant thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-**Policy Subject to Change without notice. Please check for updates** By contributing to Kailaasa, you acknowledge that the Kailaasa has full control of the donated funds/items and full discretion to insure that they are used in furtherance of Kailaasa’s mission, vision and charitable purposes. All queries should be addressed to ▇▇▇-▇▇▇-▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief; and (d) . If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that may portion of this provision found to be brought in small claims court. You may opt out illegal or unenforceable and such Dispute shall be decided by a court of the binding arbitration described in this section by sending us written notice of your desire to do so by email at ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇▇▇▇▇ (such notice, an “Arbitration Opt-out Notice”) within thirty (30) days following the date you first agree to these Terms of Use, or within thirty (30) days of the date we modify this Dispute Resolution section as indicated in the “Last updated” date above or in the date of our email to you notifying you of such change. If you don’t provide us with an Arbitration Opt-out Notice competent jurisdiction within the relevant thirty (30) day periodcourts listed for jurisdiction above, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within fifteen (15) days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the Parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to submit to the types and amounts personal jurisdiction of damages for which a Party that court. CORRECTIONS There may be held liableinformation on the Site that contains typographical errors, inaccuracies; or omissions, including descriptions, pricing, availability; and various other information. The arbitrator may award declaratory We reserve the right to correct any errors, inaccuracies, or injunctive relief only in favor omissions and to change or update the information on the Site at any time, without prior notice. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of the claimant our respective officers, agents. partners, and only employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at ▇▇▇▇or arising out of://▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or ▇-▇▇▇-▇▇▇-▇▇▇▇.