Terms of Service – Waking Up

This Agreement shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the police of another legal power. You agree that any call or quarrel associate to the Waking Up Services or this agreement that is not resolved under the arbitration requirements of this Agreement must be resolved entirely by a woo of competent legal power, federal or state, located in Los Angeles, California, and no early woo. You agree to submit to the personal legal power of such courts and to accept service of action from them. If there is an case when you have a concern that needs special attention, Waking Up is committed to working with you to reach a fair resolution. however, we can only do this if we know about it. consequently, for any concern you may have with the Waking Up Services, you agree to first send a written description of it to support @ wakingup.com so we have an opportunity to address it. You agree to work with Waking Up in good faith to resolve the concern. We believe this should lead to resolution. however, if for some reason the concern is not resolved satisfactorily within 60 days after we receive your electronic mail, and all necessary information, you agree to the promote quarrel resolution provisions below. You agree that the lone and exclusive forum for any dispute and claim that can not be resolved informally will be final examination and bind arbitration. however, if you have infringed or violated, in any manner, Waking Up ’ s intellectual property rights, you acknowledge that arbitration is not an adequate redress at jurisprudence and that we may seek injunctive relief. You agree that the U.S. Federal Arbitration Act and federal arbitration law practice to arbitrations under the Agreement.

The arbitration will be governed by the commercial arbitration Rules ( the “ AAA Rules ” ) of the American Arbitration Association ( “ AAA ” ), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available on-line at www.adr.org, by calling the AAA at 1-800-778-7879. If you are required to pay a filing fee, after Waking Up receives poster that you have commenced arbitration ( and you have complied with the dispute solution requirements in this Agreement ), Waking Up will reimburse you for your requital of the filing fee, unless your claim is for greater than US $ 10,000, in which event you will be creditworthy for filing fees. The arbiter is bound by the terms of this Agreement. All issues are for the arbiter to decide, including issues relating to the setting and enforceability of this arbitration agreement. Unless Waking Up and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your residence. The arbiter ‘s award shall be final and binding on all parties, except ( 1 ) for judicial inspection expressly permitted by law or ( 2 ) if the arbiter ‘s award includes an award of injunctive relief against a party, in which case that party shall have the good to seek judicial revue of the injunctive relief in a woo of competent jurisdiction that shall not be bound by the arbiter ‘s application or conclusions of law.

YOU AND WAKING UP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Waking Up agree, the arbiter may not consolidate more than one person ‘s claims with your claims and may not otherwise preside over any form of a representative or class continue. If this specific provision is found to be unenforceable, then any putative class natural process may only proceed in a court of competent legal power and not in arbitration. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WAKING UP BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES. In no event can any claim or action by you related to the Waking Up Services be instituted more than one class after the cause of action originate .

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