Applicability of the arbitration Agreement
PLEASE READ IT CAREFULLYTHIS CONCERNS YOUR RIGHTS. IF YOU RÉSIDES in THE UNITED STATES Of AMERICA, THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER of A JURY TRIAL. All claims and disputes (including claims for injunctive or other relief, just as presented below) in connection with the terms and Conditions of use of any product or service provided by Plarium will not be settled informally, or before the court of first instance, but shall be settled by binding arbitration, on an individual basis, according to the terms of this arbitration Agreement.
This arbitration Agreement applies to Plarium, and to thee, to all subsidiaries and all affiliated groups, agents, employees, predecessors in interest, successors, and assigns, and to all users authorized and unauthorized, or the beneficiaries of the services or property provided under the Conditions.
Before that one of the parties does not seek arbitration, it must first send to the other party a Notice of dispute ("Notice") in writing describing the nature and basis of the claim or dispute and the remedy sought. A Notice should be sent to Plarium. Once the Notice is received, you will try, Plarium and you, to resolve the claim or dispute informally. If Plarium and you do not resolve the claim or dispute within thirty days following receipt of the Notice, either party may commence an arbitration procedure. The amount of any settlement offer made by any party, will not be disclosed to the arbitrator before the arbitrator has, where applicable, determined the amount of the arbitration award to which entitled one of the parties. Arbitration rules.
The Arbitration shall be committed from the israeli Institute of commercial arbitration (IIAC), a provider of alternative dispute resolution ("Seller MARK"), which will provide an arbitration as presented in this section.
If the IIAC is not available for arbitration, the parties shall agree on and choose another Provider MARC. The rules of the Provider, MARC will determine all aspects of the arbitration, including, without limitation, the triggering method, and or request for arbitration, except where such rules conflict with the terms and Conditions. The Rules of the IIAC governing the arbitration are available online on. The arbitration will be conducted by a single neutral arbitrator. The place of arbitration shall be Tel Aviv-Jaffa, Israel. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Requirement of notice and informal Resolution of disputes
Additional rules for arbitration without court appearance. If an arbitration without the appearance is chosen, the arbitration will be conducted by telephone, in line and or based solely on the use of written the specific manner shall be chosen by the party initiating the arbitration. The arbitration will not assume any personal appearance by the parties or witnesses, except in cases of mutual agreement of the parties. If Plarium or you give a result of arbitration, arbitration shall be initiated and or requested within the time period prescribed (that is to say, the legal deadline for filing a claim) and within the time limits imposed by the Rules of the IIAC for the corresponding claim. Authority of the arbitrator. If the arbitration is initiated, the arbitrator will decide what, if any, of the rights and responsibilities of Plarium and the like, and the dispute will not be consolidated by any other matter or attached to any other event or party.
The arbitrator will have the authority to grant motions to justify the lost of all or part of the claim.
The arbitrator shall have the authority to award damages and financial interests and the granting of remedies, or repairs, non-financial to a individual, in the framework of the applicable law, the Rules of the IIAC and Conditions. The arbitrator will submit an arbitration award and a decision statement written, describing the findings and the conclusion on which the bill receives royal assent, including the calculation of any damages awarded. The referee has the same authority as would a judge of a court of justice to grant remedies on an individual basis. The sanction of the arbitrator is final and binding for Plarium and you. All aspects of the arbitration, including, without limitation, the sanction of the arbitrator and the compliance thereof, shall be strictly confidential. The parties agree to ensure the confidentiality, except as otherwise provided by law. This Paragraph shall not prevent any of the parties to submit to a court of justice any information as necessary to enforce this Agreement, to enforce a penalty arbitration or to seek equitable relief or by way of injunction. Severability If a part, or parts, of this arbitration Agreement prove to be legally invalid or unenforceable by a court of competent jurisdiction, such part, or these specific parts would become obsolete and would be separated, so that the remainder of this Agreement will remain fully effective and enforceable. Right to renounce. The party against which the complaint has been filed has the right to waive all or part of the rights and limitations established in this Convention. Such waiver will not constitute a waiver and will have no effect on any other part of this Agreement. Duration of application of the Convention. This arbitration Agreement shall survive beyond the termination of your relationship with Plarium. Court of first instance. Notwithstanding the foregoing, Plarium, or you can hire an individual action with a court of first instance.
Relief fair emergency.
Notwithstanding the foregoing, each party may seek relief equitable of emergency before a state court or a federal court to ensure the status quo pending the arbitration. A request for provisional measure will not constitute a waiver of any other right or obligation imposed by this arbitration Agreement. Waiver of trial by jury. BY THIS, THE PARTIES WAIVE THEIR CONSTITUTIONAL RIGHTS AND STATUTORY to GO To court AND HAVE A TRIAL IN FRONT A JUDGE OR A JURY, choosing instead to resolve any claims or disputes using the arbitration, in the context of that arbitration Agreement. The arbitration procedures are typically more limited, more effective and less costly than rules applicable in court, and are subject to a review very limited before a court. If ever a dispute arises between Plarium and you, in any court of the state or federal court, in a lawsuit aimed at releasing or enforcing any arbitration award or any other provision, PLARIUM AND YOU hereby WAIVE ALL RIGHTS TO A TRIAL BY JURY, choosing instead to leave the resolution of this dispute to a judge. To opt out class actions or combinations of actions. ALL CLAIMS AND DISPUTES falling WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED IN court ON AN INDIVIDUAL BASIS AND NOT COLLECTIVELY, AND CLAIMS OF MORE than ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CHALLENGED IN JUSTICE IN a COLLECTIVE, OR CONSOLIDATED WITH THOSE Of OTHER CUSTOMERS OR USERS.
