This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Arbitration:
Arbitration does not limit or affect the legal claims that you may bring against Practice. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. THIS SECTION WILL REQUIRE YOU TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST PRACTICE AND/OR ITS AFFILIATES ON AN INDIVIDUAL BASIS PURSUANT TO THE TERMS OF THE AGREEMENT. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THIS SECTION WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PRACTICE AND/OR ITS AFFILIATES AND ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST PRACTICE AND/OR ITS AFFILIATES BY SOMEONE ELSE.
The mere existence of such class, collective, and/or representative lawsuits, however, does not mean that such lawsuits will ultimately succeed. By agreeing to arbitration with Practice, you are agreeing in advance that you will not participate in and therefore will not seek to recover monetary or other relief under such class, collective, and/or representative lawsuit (except as may be prohibited by applicable law). You will not be precluded from bringing claims against Practice in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. THIS ARBITRATION SECTION REQUIRES ALL DISPUTES, UNLESS PROHIBITED BY APPLICABLE, TO BE RESOLVED ONLY BY AN ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND NOT BY WAY OF COURT OR JURY TRIAL, OR BY WAY OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION (EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW). SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION SECTION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THIS ARBITRATION SECTION OR ANY PORTION OF THIS ARBITRATION SECTION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR, AND NOT BY A COURT OR JUDGE.
The Federal Arbitration Act shall govern the interpretation and enforcement of all binding arbitration proceedings under this Agreement. To the extent that the Federal Arbitration Act is inapplicable, state law governing agreements to arbitrate shall apply. The arbitration findings will be final and binding except to the extent that state or federal law provides for the judicial review of arbitration proceedings.
In the event a dispute should arise and you wish to initiate these arbitration procedures, you must deliver a written request for arbitration to Practice within the time limits which would apply to the filing of a civil complaint in court. Practice will deliver a written request to you for any claim it may wish to assert, also within the time limits which would apply to the filing of a civil complaint in court. If a request for arbitration is not submitted timely, the claim will be deemed to have been waived and forever released.
The dispute will be decided by a single, neutral, decision-maker, called the arbitrator, through an organization called Judicial Arbitration and Mediation Services (“JAMS
”). The arbitrator will be mutually selected by Practice and you. If the parties cannot mutually agree on an arbitrator, then an arbitrator will be selected by the parties according to the method of selection specified by JAMS in its Streamlined Arbitration Rules & Procedures, which can be obtained at www.jamsadr.com
. The arbitrator shall be bound by the provisions and procedures set forth in JAMS’ Streamlined Arbitration Rules & Procedures.
The parties shall cooperate to the greatest extent practicable in the voluntary exchange of documents and information to expedite the arbitration. After selection of the arbitrator, the parties shall have the right to take depositions and to obtain discovery regarding the subject matter of the action and to use and exercise all of the same rights, remedies and procedures, and be subject to all of the same discovery duties, liabilities and objections as provided by the Federal Rules of Civil Procedure. The arbitrator shall have the authority to rule on motions (including the power to issue orders and determine appropriate remedies) regarding discovery and to issue any protective orders necessary to protect the privacy and/or rights of parties and/or witnesses.
The arbitrator shall have the same authority to award remedies and damages on the merits of the dispute as provided to a judge and/or jury under parallel circumstances. However, the arbitrator shall only be permitted to award those remedies in law or equity which are requested by the parties and which are supported by the credible, relevant evidence. The arbitrator shall issue a written final and binding opinion and award.
The parties expressly agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the arbitration may still proceed on an individual basis only.
Following the issuance of the arbitrator’s decision, any party may petition a court to confirm, enforce, correct or vacate the arbitrator’s opinion and award as set forth in the Federal Arbitration Act.
Fees and costs shall be allocated in the following manner: each party will be responsible for its own attorneys’ fees and expenses (except as otherwise provided by law) and the cost of a copy of the reporter’s transcript of the proceedings (if desired). The costs of the arbitration will be allocated per the JAMS Policy on Consumer Arbitrations.
The location of the arbitration proceeding shall be in New York, New York, unless each party to the arbitration agrees in writing otherwise or applicable law requires otherwise. The parties will arbitrate their dispute before the arbitrator, who shall confer with the parties regarding the conduct of the hearing and resolve any disputes the parties may have in that regard. Within thirty (30) days of the close of the arbitration hearing, or within a longer period of time as agreed to by the parties or as ordered by the arbitrator, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this arbitration Section. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.Venue:
The exclusive forum for all disputes arising under or relating to your Membership, which cannot be settled by binding arbitration as a result of applicable law shall be in the federal and state courts venued in New York, New York, unless such action cannot by law be brought in such forum, in which case the venue required by law shall govern. Waiver:
The failure of either you or Practice to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to that term or any other term of this Agreement. Severability:
The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or unenforceability of any other term(s) or provision(s). Successors:
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, heirs, executors and administrators. No Assignment:
You may not assign your rights, duties and obligations under this Agreement without the prior written consent of Practice, whose consent may be withheld for any reason. Any attempt to assign said rights, duties and obligations without the prior written consent of Practice will be null and void and of no force or effect. Practice may assign this Agreement. Counterparts:
This Agreement may be executed electronically in one or more counterparts, all of which together shall constitute only one agreement. Force Majeure:
Practice shall not be liable to you for the failure or delay in the performance of any of the obligations under this Agreement when such failure or delay is due, directly or indirectly, to any act of God, acts of civil or military authority, acts of public enemy, terrorism, fire, flood, strike, riots, wars, embargoes, pandemics, governmental laws, orders or regulations, storms or other similar or different contingencies beyond the reasonable control of Practice. Captions:
Captions in this Agreement are used for convenience only and shall not limit, broaden, or qualify the text.