If your address included in your contact
information or provided to set up its service account or
contact information, as applicable, is in Latin America,
you agree that provisions related to governing law and
venue in Section 12 (Miscellaneous) are replaced as
Governing Law; Arbitration.
(a) Governing Law. THIS AGREEMENT IS GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S
CONFLICTS OF LAWS RULES.
"Dispute" means any contractual or non-contractual dispute
regarding this Agreement, including its formation,
validity, subject matter, interpretation, performance, or
(ii) Settlement. The
parties will try in good faith to settle any Dispute
within 30 days after a party receives the first notice
regarding the Dispute. If the parties are unable to
resolve the Dispute within 30 days, either party may refer
the Dispute to arbitration in accordance with subsection
(iii) below (Arbitration).
The parties will refer all Disputes to final, binding
arbitration under the American Arbitration Association’s
International Centre for Dispute Resolution in accordance
with its Expedited Commercial Rules. The arbitration will
be conducted in English by one arbitrator, in Santa Clara
County, California, USA, which will be the seat of
Confidentiality. The arbitration is confidential
information (including the arbitration’s existence and any
oral or written information related to it). However, the
parties may disclose to a competent court information
necessary to execute any arbitral decision, but only if
the confidentiality of those materials is maintained in
those judicial proceedings.
Relief. The arbitrator may only issue its award
based on law, not in equity.
(vi) Fees and
Expenses. Each party will bear its own lawyers’ and
experts’ fees and expenses, regardless of the arbitrator’s
final decision regarding the Dispute.