Common use of Rules and Forum Clause in Contracts

Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Ethos agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by National Arbitration and Mediation (“NAM”), in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) then in effect, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings and as modified by this Arbitration Agreement. The NAM Rules are currently available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/resources/rules-fees-forms/. A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). A Demand to Ethos should be sent either by mail to ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, #▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ or by email to ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. A Demand to you will be sent to your email address or regular address associated with your Ethos Account. The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above signed by ▇▇▇▇▇▇▇▇ and their counsel if applicable; and (5) evidence that the demanding party has paid any necessary filing fees in connection with such arbitration. The form of Demand is currently available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/resources/rules-fees-forms/. If the party demanding arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and

Rules and Forum. These Terms evidence This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Ethos Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration and & Mediation (“NAM”), in accordance with NAM’s the NAM Comprehensive Dispute Resolution Rules and Procedures Procedure (the “NAM Rules”) then in effecteffect at the time of arbitration , except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules for and Procedures (the “NAM Mass Arbitration Filings Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/resources/rules-fees-fees- forms/. A party who wishes to initiate arbitration must provide the other party with a demand request for arbitration (the “DemandRequest”). A Demand to Ethos should be sent either by mail to ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, #▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ or by email to ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. A Demand to you will be sent to your email address or regular address associated with your Ethos Account. The Demand Request must include: (1) the name, telephone number, mailing address, e‐mail e-mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith good-faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above signed by ▇▇▇▇▇▇▇▇ and their counsel if applicableabove; and (5) evidence that the demanding requesting party has paid any necessary filing fees in connection with such arbitration. The form of Demand is currently available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/resources/rules-fees-forms/. If the party demanding requesting arbitration is represented by counsel, the Demand Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the DemandRequest. By signing the DemandRequest, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Demand Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; andand (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Section 13.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely set forth in the applicable NAM Rules. You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and Company agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.