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terms [2017/10/31 19:09]
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terms [2019/06/03 15:19] (current)
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 =====36. Dispute Resolution; Binding Arbitration.===== =====36. Dispute Resolution; Binding Arbitration.=====
-   - Written Notice: In the event either Party has a dispute or claim against the other Party (except with respect to invoice disputes which are addressed in Section 11(e)), the disputing Party shall provide written notice to the other Party in accordance with the provisions of Section 34(e), above.  +   - Written Notice: In the event either Party has a dispute or claim against the other Party (except with respect to invoice disputes which are addressed in Section 11(e)), the disputing Party shall provide written notice to the other Party in accordance with the provisions of Section 34(e).  
-   - Initial Escalation to Management: The Parties agree to escalate disputes to their respective management, who will use commercially reasonable efforts to resolve the dispute by consulting with each other in good faith to reach an equitable resolution satisfactory to both parties within thirty (30) days of the receipt of notice. Neither Party shall pursue or commence ​proceedings regarding the dispute in any court, administrative arbitral or other adjudicative body prior to engaging in such consultations and negotiations. ​+   - Initial Escalation to Management: The Parties agree to escalate disputes to their respective management, who will use commercially reasonable efforts to resolve the dispute by consulting with each other in good faith to reach an equitable resolution satisfactory to both parties within thirty (30) days of the receipt of notice. Neither Party shall pursue or begin proceedings regarding the dispute in any court, administrative arbitralor other adjudicative body prior to engaging in such consultations and negotiations. ​
    - Resolution in Small Claims Court: In the event the dispute is not resolved, and the claim falls within the dollar limit allowed by applicable state law along with any other jurisdictional requirements,​ either Party may seek to have that dispute resolved in small claims court in any state in which Services are provided to the Customer by ring-u. ​    - Resolution in Small Claims Court: In the event the dispute is not resolved, and the claim falls within the dollar limit allowed by applicable state law along with any other jurisdictional requirements,​ either Party may seek to have that dispute resolved in small claims court in any state in which Services are provided to the Customer by ring-u. ​
-   - Binding Arbitration:​ If negotiations fail to resolve the dispute within thirty (30) calendar ​days, and/or small claims court is not a valid option due to the size or nature of the claim, all disputed claims (except for claims set forth in subsection (e) below) must be resolved by binding arbitration before a single arbitrator in accordance with the commercial rules of the American Arbitration Association (“AAA”) (available on the AAA website, www.adr.org/​aaa) in effect as of the date this Agreement goes into effect. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent ring-u or Customer from terminating Services in accordance with the Terms.+   - Binding Arbitration:​ If negotiations fail to resolve the dispute within thirty (30) days, and/or small claims court is not a valid option due to the size or nature of the claim, all disputed claims (except for claims set forth in subsection (e) below) must be resolved by binding arbitration before a single arbitrator in accordance with the commercial rules of the American Arbitration Association (“AAA”) (available on the AAA website, www.adr.org/​aaa) in effect as of the date this Agreement goes into effect. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent ring-u or Customer from terminating Services in accordance with the Terms.
    - Disputes About This Agreement to Arbitrate: Disputes about the arbitrability of any claims and/or the scope, enforceability,​ or validity of this arbitration agreement shall be decided by an arbitrator.    - Disputes About This Agreement to Arbitrate: Disputes about the arbitrability of any claims and/or the scope, enforceability,​ or validity of this arbitration agreement shall be decided by an arbitrator.
    - Disputes That Need Not Be Arbitrated: Disputed claims involving either Party’s intellectual property rights, indemnity, or confidentiality obligations;​ fraudulent or unauthorized use, theft, or piracy of service; or matters relating to injunctions or other relief may be resolved by binding arbitration as set forth in subsection (d), but are not required to be resolved by binding arbitration and may be heard in a court of law, at the option of the entity asserting the disputed claim. ​    - Disputes That Need Not Be Arbitrated: Disputed claims involving either Party’s intellectual property rights, indemnity, or confidentiality obligations;​ fraudulent or unauthorized use, theft, or piracy of service; or matters relating to injunctions or other relief may be resolved by binding arbitration as set forth in subsection (d), but are not required to be resolved by binding arbitration and may be heard in a court of law, at the option of the entity asserting the disputed claim. ​
-   - Notice for Commencing Arbitration:​ If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced ​by downloading or copying a form from the AAA website (http://​www.adr.org). The amount of any settlement offer made by Customer or ring-u shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or ring-u is entitled. +   - Notice for Commencing Arbitration:​ If an agreement to resolve the dispute is not reached, an arbitration proceeding may be started ​by downloading or copying a form from the AAA website (http://​www.adr.org). The amount of any settlement offer made by Customer or ring-u shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or ring-u is entitled. 
-   - Location: All hearings conducted as part of the arbitration shall take place at a location, convenient to Customer, based upon Customer’s billing address (orif no business address is provided, your service address). If Customer claim is for $10,000 or less, Customer or ring-u may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If either party objects, then the arbitrator shall proceed to an in-person hearing as established by the AAA Rules. If Customer claim is in excess of $10,000, the right to a hearing will be determined by the AAA rules.+   - Location: All hearings conducted as part of the arbitration shall take place at a location, convenient to Customer, based upon Customer’s billing address (or service address ​if no business address is provided). If Customer claim is for $10,000 or less, Customer or ring-u may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If either party objects, then the arbitrator shall proceed to an in-person hearing as established by the AAA Rules. If Customer claim is in excess of $10,000, the right to a hearing will be determined by the AAA rules.
    - Costs: Each Party will be responsible for its own costs incurred in the arbitration,​ including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the Parties. If a Party elects to appeal an award or seeks to vacate the award in court, the prevailing Party in the appeal or judicial proceeding shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal or judicial proceeding.    - Costs: Each Party will be responsible for its own costs incurred in the arbitration,​ including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the Parties. If a Party elects to appeal an award or seeks to vacate the award in court, the prevailing Party in the appeal or judicial proceeding shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal or judicial proceeding.
-   - Waiver of Jury Trial: Customer and ring-agree that, by entering into this agreement, Customer and ring-u are waiving ​the right to a trial by jury. Customer ​and ring-u agree that the arbitrator may award relief only in favor of the individual ​Party seeking relief and only to the extent necessary ​to provide relief warranted by that Party’s individual claim. The arbitrator may not award special, indirect, punitive, incidental or consequential damages. CUSTOMER AND RING-U AGREE THAT CUSTOMER MAY BRING CLAIMS AGAINST ring-u ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT CUSTOMER EXPRESSLY WAIVES ITS RIGHT TO BRING A CLASS ACTION SUIT. Customer and ring-u agree that the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.  +   - Waiver of Jury Trial: Customer and ring-us agree to waive the right to a trial by juryand that the arbitrator may award relief only in favor of the Party seeking relief and only to the extent necessary. The arbitrator may not award special, indirect, punitive, incidental or consequential damages. CUSTOMER AND RING-U AGREE THAT CUSTOMER MAY BRING CLAIMS AGAINST ring-u ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT CUSTOMER EXPRESSLY WAIVES ITS RIGHT TO BRING A CLASS ACTION SUIT. Customer and ring-u agree that the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.  
-   - Severability:​ If any term, covenant, or condition contained ​in this dispute resolution/​arbitration ​provisionis, to any extent, ​held invalid or unenforceable ​in any respect under the laws governing this dispute resolution/​arbitration provision, the remainder ​of this dispute resolution/​arbitration ​provision ​shall be valid and enforceable to the fullest extent permitted by law.+   - Severability:​ If anything ​in this provision is held invalid or unenforceable,​ the rest of the provision ​remains ​valid and enforceable to the fullest extent permitted by law. 
  
 === END OF TERMS OF SERVICE === === END OF TERMS OF SERVICE ===