Binding Arbitration (“Arbitration Settlement”)
a. Applicability of Arbitration Settlement. You agree that any dispute or declare in opposition to us, or our distributors or service suppliers(collectively, “We” or “Us”), associated in any solution to your entry or use of this web site, to those Phrases, or to any side of your relationship with Us, might be resolved by binding arbitration, somewhat than in court docket, besides that (1) it’s possible you’ll assert claims in small claims court docket in case your claims qualify, as long as the matter stays in such court docket and advances solely on a person (non-class, non-representative) foundation; and (2) you or We might search equitable aid in court docket for infringement or different misuse of mental property rights (corresponding to logos, commerce costume, domains, commerce secrets and techniques, copyrights, and patents). You agree that you could start any arbitration or different declare inside one (1) 12 months after the dispute arises; in any other case, the declare is completely barred, which implies that you’ll not have the correct to claim a declare relating to the dispute. This Arbitration Settlement will apply, with out limitation, to all claims that arose or had been asserted earlier than the efficient date of those Phrases or any prior model of this Arbitration Settlement.
You agree prematurely that you’ll not take part in or search to get better financial or different aid in any lawsuit filed in opposition to Us, alleging class, collective, and/or consultant claims in your behalf. As a substitute, by agreeing to arbitration, it’s possible you’ll deliver your claims in opposition to any of Us in a person arbitration continuing (apart from any Batch Arbitration, as described under). If profitable on such claims, you possibly can be awarded cash or different aid by an arbitrator. You acknowledge that you’ve been suggested that you could be seek the advice of with an lawyer in deciding whether or not to simply accept these Phrases, together with this Arbitration Settlement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Settlement
b. Course of. To start a declare, you could first ship a letter describing your declare intimately, together with your identify and get in touch with data, your authorized declare, the precise details giving rise to your declare (together with the date(s) and quantity(s) of any related transaction or interplay with us), and the requested aid, to SuperWest Sports activities LLC, 1309 Coffeen Avene STE 1200, Sheridan, WY, 82801. You and We agree to try in good religion to barter an off-the-cuff decision of your declare. If a decision isn’t reached inside thirty (30) days, it’s possible you’ll start an arbitration motion as set forth herein. The arbitration might be carried out by JAMS, a longtime different dispute decision supplier. Disputes involving claims and counterclaims below $250,000, not inclusive of attorneys’ charges and curiosity, might be topic to JAMS’s most present model of the Streamlined Arbitration Guidelines and procedures accessible at http://www.jamsadr.com/rules-streamlined-arbitration/; all different claims might be topic to JAMS’s most present model of the Complete Arbitration Guidelines and Procedures, accessible at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s guidelines are additionally accessible at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS isn’t accessible to arbitrate, the events will choose an alternate arbitral discussion board. You might select to have the arbitration carried out remotely, primarily based on written submissions, or in individual at a mutually agreed location. We might be entitled to make a suggestion of judgment within the arbitration continuing. If the provide of judgment isn’t accepted, and the award isn’t extra favorable than the unaccepted provide, you can be solely answerable for all prices incurred by Us after the provide of judgment is made to the extent permitted by relevant regulation. Any judgment on the award rendered by the arbitrator could also be entered in any court docket of competent jurisdiction.
c. Charges. If the arbitrator finds that you just can not afford to pay JAMS’s submitting, administrative, listening to, and/or different charges, and you can not get hold of a waiver from JAMS, we can pay them for you. If the arbitrator determines the claims are frivolous, you comply with pay Us our attorneys’ charges and prices within the arbitration, to the extent permitted by relevant regulation.
d. Authority of Arbitrator. The arbitrator, and never any federal, state, or native court docket or company, may have unique authority to resolve any dispute associated to the interpretation, applicability, enforceability, or formation of this Arbitration Settlement, together with, however not restricted to, any declare that every one or any a part of this Arbitration Settlement is void or voidable. The arbitration will determine the rights and liabilities, if any, of you and Us. The arbitration continuing won’t be consolidated with every other issues or joined with every other circumstances or events. The arbitrator may have the authority to grant motions dispositive of all or a part of any declare. The arbitrator may have the authority to award financial damages and to grant any non-monetary treatment or aid accessible to a person below relevant regulation, the arbitral discussion board’s guidelines, and these Phrases (together with the Arbitration Settlement). The arbitrator will concern a written award and assertion of determination describing the important findings and conclusions on which the award is predicated, together with the calculation of any damages awarded. The arbitrator has the identical authority to award aid on a person foundation {that a} decide in a court docket of regulation would have. The award of the arbitrator is ultimate and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court docket and have a trial in entrance of a decide or a jury. You and We’re as a substitute electing that every one claims and disputes might be resolved by arbitration below this Arbitration Settlement, besides as laid out in Part (a) above. An arbitrator can award on a person foundation the identical damages and aid as a court docket and should comply with this Settlement as a court docket would. Nonetheless, there is no such thing as a decide or jury in arbitration, and court docket assessment of an arbitration award is topic to very restricted assessment.
f. Waiver of Class or Consolidated Actions. Besides with respect to Batch Arbitration (as outlined under), all claims and disputes inside the scope of this Arbitration Settlement have to be arbitrated on a person foundation and never on a category foundation, solely particular person aid is accessible, and claims of a couple of buyer or person can’t be arbitrated or consolidated with these of every other buyer or person. Within the occasion that this subparagraph is deemed invalid or unenforceable neither you nor We’re entitled to arbitration and as a substitute claims and disputes might be resolved in a court docket as set forth in these Phrases.
g. Batch Arbitration. You and We agree that, within the occasion that there are fifty (50) or extra particular person requests for arbitration of an analogous nature filed in opposition to Us inside an roughly (30) thirty-day interval (or in any other case in shut proximity) whatever the state(s) by which such claims are filed, JAMS will administer all such equally located arbitration calls for on a collective foundation as a single, consolidated arbitration (topic to a single set of charges, continuing schedule, and, if required, listening to) earlier than a single arbitrator in accordance with the necessities outlined elsewhere on this part, offered that – within the occasion that the arbitrator deems it impracticable or inequitable to manage all such claims collectively in a single arbitration – (s)he might group calls for for arbitration into teams of not fewer than twenty (20) issues, plus a the rest group as wanted (or as in any other case deemed by the arbitrator to be practicable, equitable, and in greatest retaining with the spirit of this provision) and arbitrate every group of issues as a single, consolidated arbitration (both construction a “Batch Arbitration”). You and We agree (1) to work with JAMS in good religion to facilitate the decision of disputes on a Batch Arbitration foundation and (2) that requests for arbitration are of a “comparable nature” in the event that they come up out of the identical occasion, settlement, or factual situation and lift the identical or comparable authorized points and search the identical or comparable aid. Disagreements over the applicability of this Batch Arbitration course of might be settled in a single, consolidated arbitration continuing that features all affected events and is resolved by a single arbitrator topic to the necessities of this part. This Batch Arbitration provision shall by no means be interpreted as authorizing a category or collective arbitration or motion of any form, or any go well with or arbitration involving joint or consolidated claims, below any circumstances apart from these expressly set forth on this part.
h. Severability. If any half or elements of this Arbitration Settlement are discovered below the regulation to be invalid or unenforceable, then such particular half or elements might be of no pressure and impact and might be severed, and the rest of the Arbitration Settlement will proceed in full pressure and impact.
i. Survival. This Arbitration Settlement will survive the termination of your relationship with Us.
j. Modification. However any provision in these Phrases on the contrary, We agree that if We make any future materials change to this Arbitration Settlement, it won’t apply to any particular person declare(s) for which that you just had already offered discover to Us.
Consent to Information Assortment
These Phrases of Service incorporate our Privateness Coverage, which discloses how we, our distributors, and our service suppliers gather and use information while you use the Website and/or cell functions. You hereby consent to the gathering and use of information by us, our distributors, and our service suppliers as described within the Privateness Coverage (together with any hyperlinks to different insurance policies therein). You’ll be able to revoke this consent at any time by following the opt-out directions within the Privateness Coverage or clicking the offered hyperlinks on the Website.
Limitations on Legal responsibility
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
