Waiver of Lawsuit/Liability– Member hereby forever release and waive my right to bring suit against RealSuccess and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives. Member understands that this waiver means the Member give up his or her right to bring any claims including, monetary claims, investments, or property losses, or any other loss, including but not limited to claims of negligence and give up any claim the member may have to seek damages, whether known or unknown, foreseen or unforeseen.
THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY, INCLUDING, WITHOUT LIMITATION, THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, AND ANY OTHER DISPUTE, CLAIM OR CONTROVERSY BETWEEN THE PARTIES HERETO, WHETHER PAST, PRESENT, OR FUTURE, SHALL BE DETERMINED FULLY, FINALLY AND EXCLUSIVELY BY NEUTRAL, BINDING AND CONFIDENTIAL ARBITRATION PURSUANT TO THE SUBSTANTIVE AND PROCEDURAL PROVISIONS OF THE FEDERAL ARBITRATION ACT 9 U.S.C. §§ 1 et seq. (“FAA”). The arbitration shall be administered by a single arbitrator in accordance with the Judicial Arbitration Mediation Services’ (“JAMS”) Streamlined Arbitration Rules & Procedures (“JAMS Rules”) and administered in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses – Minimum Standards of Procedural Fairness, which are incorporated herein by reference as though fully set forth. The arbitration shall be conducted by a former or retired judge or active attorney with at least ten (10) years of experience in commercial disputes. The arbitrator shall have the power to hear motions, control discovery, conduct hearings, and otherwise do all that is necessary to resolve the matter to the extent of applicable law. The arbitrator shall follow the substantive laws of the State of California in adjudicating any such dispute, to the extent such laws are not inconsistent with the FAA. The arbitrator shall issue a written statement setting forth the award and the legal basis of the arbitrator’s decision, which shall be final and binding upon the parties. The arbitrator shall have the power to award any type of relief that would be available in a court of competent jurisdiction. Judgment on any award may be entered in any court having competent jurisdiction in Los Angeles County, California, and the parties hereby submit to the jurisdiction of such court for this purpose. Further, the parties agree that any arbitration or court action shall be brought and heard exclusively in Los Angeles County, California.
Mandatory Arbitration. The following provisions shall apply to any Dispute (as defined below):
Disputes and Deadlines. In the event of any disputes, controversies or claims (each a "Dispute") arising out of, relating to or in connection with these this Agreement, including, without limitation, any dispute regarding its arbitrability, validity or termination, or the performance or breach thereof, the parties hereto shall use their best efforts to settle the Dispute. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach a solution within a period of 60 days, then upon notice by either party to the other, all Disputes shall be exclusively and finally settled by arbitration administered by the American Arbitration Association ("AAA") (b) Applicability and Procedure. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of the State of California without reference to its internal conflicts of laws principles and will be without power to apply any different substantive law. The arbitrator will render an award and a written opinion in support thereof. Such award shall not include the costs related to the arbitration and or attorneys' fees and expenses regardless of which party prevails, and each party shall pay their respective costs, expenses, and attorney’s fees related to the arbitration. The arbitrator also has the authority to grant provisional remedies, including, without limitation, injunctive relief, and to award specific performance. The parties waive, to the fullest extent permitted by law, any rights to appeal, or to review of, any arbitrator's award by any court. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction, including, without limitation, the state and federal courts of Los Angeles County, California. EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES SUCH PARTY'S RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION TO ENFORCE AN ARBITRATOR'S DECISION OR AWARD PURSUANT TO THIS PARAGRAPH OF THIS AGREEMENT.(c) Confidentiality. The parties agree to maintain confidentiality as to all aspects of the arbitration, except as may be required by applicable law.
Confidentiality. All parties shall maintain the confidential nature of any arbitration proceeding and shall not, without the prior written consent of the other party, disclose to any other person or entity the fact, existence, substance, contents, or results of the arbitration, any arbitration hearing, the award of the arbitrator, or any other proceeding in connection with the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law or judicial decision.
Nothing in this Article shall be construed to prevent either party from obtaining available provisional injunctive remedies from an appropriate court before arbitration is filed, upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief. The request for a provisional remedy does not remove the dispute from final resolution by the arbitrator and does not waive the requesting party's right to arbitrate or compel arbitration of claims arising out of or related to this Agreement (or any other agreement to which this Agreement relates).
CLASS ACTION WAIVER. Furthermore, the parties expressly agree that all legal claims shall be brought on an individual basis only and the Member, Team Member and RealSuccess waive, to the fullest extent permitted by law, the right to bring or participate in class actions (the “CLASS ACTION WAIVER”). Notwithstanding any provision of this Agreement or the JAMS Rules to the contrary, disputes regarding the validity, enforceability or breach of the CLASS ACTION WAIVER may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any portion of the CLASS ACTION WAIVER is found to be unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the CLASS ACTION WAIVER that is enforceable shall be enforced in arbitration. Each party shall be responsible for its own attorneys’ fees and costs. This Article is governed by, and enforceable under the FAA, and the provisions of this section shall survive the expiration or termination of this Agreement.