LEADLINE, INC. - Laserfiche WebLink

Home Browse Search

v LEADLINE accepted the right) to enforce these Terms against you as the third -party beneficiary hereof. a. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good -faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. b. Costs of Arbitration. The Rules will govern payment of all arbitration fees. Leadline will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Leadline will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. c. Small Claims Court; Infringement. Either you or Leadline may assert claims, if they qualify, in small claims court in California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. d. Waiver of Jury Trial. YOU AND LEADLINE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Leadline are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Leadline over whether to vacate or enforce an arbitration award, YOU AND LEADLINE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Leadline is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. f. Opt -out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: [Physical Copyright © 2024 Leadline, Inc. 11