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In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.
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(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and 中国体彩票手机版下载 will be conducted by the Judicial Arbitration and Mediation 中国体彩票手机版下载, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and 中国体彩票手机版下载 cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of 中国体彩票手机版下载 and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/ . The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator is bound by the terms of this Agreement.
(4) If either you or 中国体彩票手机版下载 wants to arbitrate a claim, you or 中国体彩票手机版下载 must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the 中国体彩票手机版下载 Service to which the Notice relates, and the relief requested. Your Notice to the 中国体彩票手机版下载 must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. The 中国体彩票手机版下载 will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at . In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the 中国体彩票手机版下载 at the address listed above to which you sent your Notice of Dispute.
(5) You and the 中国体彩票手机版下载 acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the 中国体彩票手机版下载 will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.
(6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against 中国体彩票手机版下载, you and the 中国体彩票手机版下载 acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys' fees), 中国体彩票手机版下载 will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but 中国体彩票手机版下载 will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- 中国体彩票手机版下载 and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys' fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. 中国体彩票手机版下载 will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your 中国体彩票手机版下载town area pursuant to the JAMS Rules.
- 中国体彩票手机版下载 and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(7) Regardless of how the arbitration proceeds, each of you and 中国体彩票手机版下载 shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(8) Each of you and 中国体彩票手机版下载 may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys' fees under applicable law, if you prevail in the arbitration, and if 中国体彩票手机版下载 failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than 中国体彩票手机版下载's highest settlement offer, then 中国体彩票手机版下载 will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If 中国体彩票手机版下载 wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.
(9) The arbitrator may award declaratory or injunctive 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 order 中国体彩票手机版下载 to pay any monies to or take any actions with respect to persons other than you, unless 中国体彩票手机版下载 explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless 中国体彩票手机版下载 expressly agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(10) You and 中国体彩票手机版下载 agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against 中国体彩票手机版下载 must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and 中国体彩票手机版下载 agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the 中国体彩票手机版下载 中国体彩票手机版下载. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
SUBJECT TO APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE COMPANY SITES OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold 中国体彩票手机版下载, its 中国体彩票手机版下载 Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of or in connection with YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OF USE OR ANY APPLICABLE LAW; YOUR USE OF THE COMPANY SERVICES AND/OR THE CONTENT IN VIOLATION OF THIS AGREEMENT; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR AUTHORIZED DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR DEFAMES ANY PERSON OR ENTITY; AND ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
中国体彩票手机版下载 does not knowingly accept, via the 中国体彩票手机版下载 中国体彩票手机版下载 or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. 中国体彩票手机版下载 requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any 中国体彩票手机版下载 or Affiliated 中国体彩票手机版下载 creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to 中国体彩票手机版下载 via the 中国体彩票手机版下载 中国体彩票手机版下载 that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and 中国体彩票手机版下载; (ii) any such unsolicited submissions and copyright become the property of and will be owned by 中国体彩票手机版下载 (and are not User Content licensed by you to 中国体彩票手机版下载 under "Your Proprietary Rights in and License to Your User Content") and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as 中国体彩票手机版下载 sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against 中国体彩票手机版下载 or 中国体彩票手机版下载 Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
中国体彩票手机版下载 may, from time to time, post 中国体彩票手机版下载 employment opportunities on the 中国体彩票手机版下载 中国体彩票手机版下载 and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to 中国体彩票手机版下载 in response to employment listings, you are authorizing 中国体彩票手机版下载 to utilize this information for all lawful and legitimate hiring and employment purposes. 中国体彩票手机版下载 also reserves the right, at its sole discretion, to forward the information you submit to its 中国体彩票手机版下载 Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the 中国体彩票手机版下载 中国体彩票手机版下载 will constitute a promise by 中国体彩票手机版下载 to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the 中国体彩票手机版下载 中国体彩票手机版下载 constitute a promise that 中国体彩票手机版下载 will review any or all of the information submitted to it by users of the 中国体彩票手机版下载 中国体彩票手机版下载.
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