Dispute Resolution; Arbitration
You and Displaymode Media (for the purposes of this section, each a “party” and together the “parties”) understand and agree that before initiating any arbitration proceeding, the parties will first discuss the matter informally for at least 30 days. If the parties are unable to mutually agree upon a resolution during the 30-day period, then any claim regarding these Terms of Use and/or the Displaymode Media services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important that the parties address any issues promptly. Regardless of any statute or law to the contrary, an arbitration proceeding for any claim or cause of action must be brought within one (1) year after such claim or cause of action arose or such claim is waived. As an exception to this arbitration agreement, the parties have the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as such party proceeds only on an individual basis.
The parties agree to arbitrate only in their individual capacity, not as a representative or member of a class. No claims may be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
Arbitration will be exclusively held in Los Angeles County, California and each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party will provide a list of two available arbitrators that have experience with the subject matter of the dispute. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. Each party acknowledges that such party has had the opportunity to have their legal counsel review these Terms of Use and that such party fully understand the terms and conditions set forth herein and the effect of agreeing to these Terms of Use.
