EULA Attachment #2
EULA Attachment #2
IN FORCE TECHNOLOGY, INC. LICENSE TERMS
BINDING ARBITRATION AND CLASS ACTION WAIVER PURSUANT TO SECTION 8 OF THE LICENSE AGREEMENT
1. You and In Force agree to these terms:
Individual Arbitration and Not in Court. You and In Force to resolution of all matters Section 2. below through binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”) before a neutral arbitrator. You and In Force hereby agree to waive any and all rights to pursue this matter before state and federal court no matter whether a right or remedy would exist. Furthermore, all class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where someone acts in a representative capacity are not allowed. You and In Force also agree to waive any right to join in any action even if such right exists under law or equity.
2. Disputes Covered—Everything Except IP. The term “dispute” includes, but is not limited to, any claim or controversy between you and In Force concerning the product, its price, the Agreement, In Force’s services, and any matter remotely related to the product, services, or the Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, In Force, or In Force’s licensors’ intellectual property rights.
3. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to In Force Technology, Inc., 230 Broadway Ste. 201, Lynnfield, MA 01940. In Force and you will attempt to resolve the matter informally. After 60 days, either you or In Force may seek to resolve the matter pursuant to this attached agreement.
4. Arbitration Procedure. The AAA will conduct the arbitration by way of the Commercial Arbitration Rules or Consumer Arbitration Rules. It is your responsibility to obtain the rules and review them. All hearings shall be telephonic unless the parties otherwise consent to in-person hearings by written consent. The arbitrator has a range of options to resolve the matter. Those options include monetary awards to either party, reasonable costs and fees, declaratory judgment, and injunctive relief.
5. Arbitration Fees and Payments. The AAA rules shall govern payment of filing fees, the AAA’s and arbitrator’s fees and expenses.
6. Choice of Law. You and In Force agree that the laws of the Commonwealth of Massachusetts govern the interpretation of this attached agreement, as well as all claims brought to arbitration.
7. Limitations on Filing. You must file request informal resolution of any claim within twelve (12) months of the event giving rise to any claim or dispute. If there is a failure to resolve the dispute informally, you have three (3) months to request arbitration. Failure to abide by these timelines is a permanent bar to relief.
8. Severability. If any provision this attached agreement is found to be unenforceable or void, then such provision will be severed and shall not affect the enforceability of the remainder of the attached agreement.
9. Conflict with AAA Rules. This attached agreement governs in all cases in which it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.