Common use of North and South America Clause in Contracts

North and South America. If You obtained the Application in North or South America, You are contracting with HTC America, Inc. and the following terms in this Section 14(a) shall apply: AGREEMENT TO ARBITRATE DISPUTES IF YOU OBTAINED THE APPLICATION IN NORTH OR SOUTH AMERICA PLEASE READ THIS SECTION 14(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTC. Binding Arbitration. If You obtained the Application in North or South America, then, except for disputes in which either party seeks to bring an individual action in small claims court, You and HTC agree (a) to waive Your and HTC’s respective rights to have any and all disputes or claims arising from or related to this Agreement or the use or performance of the Application (collectively, “Disputes”) resolved in a court, and (b) to waive Your and HTC’s respective rights to a jury trial. Instead, You and HTC agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

North and South America. If You obtained the Application Software in North or South America, You are contracting with HTC America, Inc. and the following terms in this Section 14(a13(a) shall apply: AGREEMENT TO ARBITRATE DISPUTES IF YOU OBTAINED THE APPLICATION SOFTWARE IN NORTH OR SOUTH AMERICA PLEASE READ THIS SECTION 14(A13(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTC. Binding Arbitration. If You obtained the Application Software in North or South America, then, except for disputes in which either party seeks to bring an individual action in small claims court, You and HTC agree (a) to waive Your and HTC’s respective rights to have any and all disputes or claims arising from or related to this Agreement or the use or performance of the Application Software (collectively, “Disputes”) resolved in a court, and (b) to waive Your and HTC’s respective rights to a jury trial. Instead, You and HTC agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

North and South America. If You obtained the Application are using Services in North or South America, You are contracting with HTC America, Inc. Viveport Limited. and the following terms in this Section 14(a16(a) shall apply: AGREEMENT TO ARBITRATE DISPUTES IF YOU OBTAINED ARE USING THE APPLICATION SERVICES IN NORTH OR SOUTH AMERICA PLEASE READ THIS SECTION 14(A16(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC VIVEPORT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTCVIVEPORT. Binding Arbitration. If You obtained are using the Application Services in North or South America, then, except for disputes in which either party seeks to bring an individual action in small claims court, You and HTC Viveport agree (a) to waive Your and HTCViveport’s respective rights to have any and all disputes or claims arising from or related to this Agreement or the use or performance of the Application Services (collectively, “Disputes”) resolved in a court, and (b) to waive Your and HTCViveport’s respective rights to a jury trial. Instead, You and HTC Viveport agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

North and South America. If You obtained the Application Software in North or South America, You are contracting with HTC America, Inc. and the following terms in this Section 14(a13(a) shall apply: AGREEMENT TO ARBITRATE DISPUTES IF YOU OBTAINED THE APPLICATION SOFTWARE IN NORTH OR SOUTH AMERICA PLEASE READ THIS SECTION 14(A12(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTC. Binding Arbitration. If You obtained the Application Software in North or South America, then, except for disputes in which either party seeks to bring an individual action in small claims court, You and HTC agree (a) to waive Your and HTC’s respective rights to have any and all disputes or claims arising from or related to this Agreement or the use or performance of the Application Software (collectively, “Disputes”) resolved in a court, and (b) to waive Your and HTC’s respective rights to a jury trial. Instead, You and HTC agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).