LIMITATION OF LIABILITY
The Art Of Healing entities limits their liability and respective responsibilities. The AOH Entities will not be liable for any damages from using the Website, Applications, or Information. Furthermore, they shall not be held responsible for special, indirect, consequential, punitive, or incidental damages or loss of profits, revenue, or use. This limitation applies under any circumstances, whether such damages arise from contract, warranty, negligence, tort, statute, in equity, at law, or otherwise. The AOH entities reserve the right to modify or discontinue any service at their discretion and without prior notice. All liability of the AOH entities is limited to the fullest extent permitted by applicable law. By using the Website, Applications, and Information contained on either of them, you agree that you understand this limitation of liability and accept it as part of these Terms & Conditions.
You acknowledge that no course of dealing between you and us establishes any other terms than those set forth herein. No waiver by either party of any breach by the other shall be deemed a waiver.
BINDING INDIVIDUAL ARBITRATION, PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
It does not apply to any court proceedings—notice of Dispute or Informal Negotiations. You and the AOH entities shall use reasonable faith efforts to informally negotiate a settlement of any Dispute you have with an AOH Entity, unless otherwise precluded by applicable law, for no less than sixty (60) days from the date you send written notice of your dispute to the applicable AOH Entity at its address set forth below or such other address as may be provided in writing by such party. Suppose such informal negotiations are unsuccessful in resolving the Dispute between you and an AOH Entity within sixty (60) days after receipt of notice as provided above. In that case, either party may submit the Dispute to binding arbitration as described in this Section. Any Dispute between you and an AOH Entity will be resolved by binding arbitration rather than in court. This includes any disputes based on or arising out of this Section and/or the Website and/or the Applications. You understand that by agreeing to this Section, you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, unless you and the applicable AOH Entity agree in writing, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of any class or representative proceeding. If, for any reason, a suit proceeds in court rather than in arbitration, otherwise qualifies for such small claims court and where your claim does not include a request for any equitable relief.
You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action.
This class action waiver is an independent agreement and shall survive any Agreement termination. Suppose any provision of this Class Action Waiver is found to be illegal or unenforceable. In that case, the parties’ agreements regarding the class action waiver shall not be affected, and all other provisions of this Agreement shall remain in full force and effect. You acknowledge that you have read and understand these terms and accept these terms and conditions voluntarily and with full knowledge of their significance. Thank you for taking the time to review our Class Action Waiver agreement.
We look forward to doing business with you!
The arbitration proceeding is initiated by one party filing a demand for arbitration with https://bayadr.com/. The other party must then respond to the order within 30 days. Bayadr shall appoint an arbitrator after receiving both parties’ requests, or if they cannot agree on an arbitrator, Bayadr shall select the arbitrator in its sole discretion. The parties must follow the procedures outlined in their agreement regarding notification and exchange of information during the process. Both parties must comply with these requirements for the arbitration process to be successful. If either party fails to comply, it may result in a delay or dismissal of the case. Once appointed, it is up to the arbitrator to decide how.
The arbitrator has the authority to grant any remedy available in court. The arbitrator’s decision shall be final and binding, with limited rights of appeal as provided in the FAA. You agree to reimburse Client for all reasonable costs of enforcing this Agreement, including attorneys’ fees and expenses, unless prohibited by applicable law or arbitration rules. Subject to applicable law or arbitration rules, each party will bear its own costs and legal fees for any such arbitration. In addition, you or the Client may bring a claim as a plaintiff or class member in any purported class or representative proceeding. Any dispute between you and the Client must be decided individually; no arbitration proceedings can be consolidated with another client.
The BAY Streamlined Arbitration Rules and Procedures provide a cost-effective, efficient way to resolve disputes quickly. The procedures are designed to minimize the dispute resolution process’s time, expense, and other costs. In most cases, the arbitrator will decide on the issue within 30 days of receiving all documents relevant to the claim or counterclaim. You may be required to pay an arbitration filing fee and any other costs necessary for administering the arbitration proceeding. Please see the applicable BAY Streamlined Arbitration Rules and Procedures for more information. Suppose you believe that your dispute requires more than $10,000 in monetary relief or requires an equitable remedy from one party to another. In that case, you should contact us immediately so that we can get our legal services.
No party to the arbitration proceeding may publish or disclose any information about the arbitration proceedings without the express written consent of all parties. All documents and other materials exchanged by the parties in preparation for, or during, the arbitration proceeding, as well as pleadings and evidence in the proceedings, shall be treated by all parties as confidential and are not to be disclosed to any third party without the prior written consent of all parties. The arbitrator’s fees and expenses, including any attorney fees as allowed by law, shall also remain confidential. Any breach of this Section 5 (Confidentiality of Arbitration Proceedings) may result in sanctions or other remedies available under applicable law. All disputes regarding confidentiality arising out of or related to this Section 5 shall be governed exclusively by the laws of the State where the arbitration will take place. This Section 5 (Confidentiality of Arbitration Proceedings) is separate from and independent of any other provision contained herein, and its interpretation is arbitration shall be used solely for purposes of that arbitration. They shall not be revealed to any third party unless agreed upon by all parties.