THIS ARBITRATION AGREEMENT (THE “AGREEMENT”) SHALL APPLY BETWEEN PSLOVED, INC. (“PSLOVED”) AND ANY USER OF THE PSLOVED SERVICES (EACH A “PARTY,” COLLECTIVELY THE “PARTIES”) THAT IS A RESIDENT OF THE UNITED STATES OF AMERICA. IF THIS AGREEMENT APPLIES, THEN ANY CLAIM ARISING FROM YOUR USE OF OUR SERVICES, OR OUR PROVISION OF SERVICES TO YOU (INCLUDING THE ARBITRABILITY OF SUCH CLAIM) SHALL BE GOVERNED BY THE TERMS OF THIS AGREEMENT AND IN ACCORDANCE WITH THE FEDERAL ARBITRATON ACT AND ALL OTHER APPLICABLE LAWS.
By continuing to indirectly or directly use or receive benefit from our Website, Application, or any other services we offer, you accept and agree to the terms of this Agreement. Capitalized words that are not otherwise defined in this Agreement have the definitions set forth in the PSLoved Terms of Use.
- Waiver of Rights
The Parties each hereby waive all rights to litigate in any court or other forum other than that provided herein any claim or cause of action (each a “Dispute”) against the other Party, including without limitation the right to trial by jury. Notwithstanding the foregoing, this Agreement shall not apply to Disputes to the extent such Disputes concern the violation of a Party’s intellectual property right.
- Retained Rights
Notwithstanding the foregoing, the Parties each retain the right to adjudicate in the small claims court of New York county, New York any claim within the jurisdiction of such court. Furthermore, PSLoved. retain the right to seek injunctive or equitable relief
III. Choice of Law; Governing Rules
The Parties agree that any Dispute subject to this Agreement shall be governed by the laws of the state of New York (without giving effect to any contrary choice of law provisions, including those of New York). Unless otherwise stated, any such arbitration shall be administered by the American Arbitration Association pursuant to its Commercial Rules of arbitration, shall be presided over by a single arbitrator, and all hearings or other procedures related to such arbitration shall occur in New York County, New York..
- Electronic Conferencing
If the arbitrator determines, in their sole discretion, that in-person appearances in New York will cause you undue hardship, then any required hearings may instead occur through telephonic or video conferencing, using such means as the Parties may agree to , or which are approved by the American Arbitration Association in accordance with its own Commercial Rules.
- No Class Actions.
Disputes subject to this Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.
- Presumption of Confidentiality.
All aspects of the arbitration proceeding, including any verdict or awards, shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.
VII. Cost Sharing
Unless otherwise provided for by the arbitrator, or this Agreement each Party shall pay its own fees related to the arbitration, and the Parties shall spit any costs or expenses associated with the engagement of the arbitrator. The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages in such arbitration.
As part of the award, the prevailing party shall be awarded its costs incurred in arbitrating the Dispute, including without limitation arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.
VIII. General Provisions
If any portion of this Agreement is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of this agreement. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of this agreement. THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING WITHOUT LIMITATION THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THESE DISPUTE RESOLUTION TERMS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.