(a) ALL CLAIMS ARISING OUT OR
RELATING TO THIS AGREEMENT OR ANY RELATED GOOGLE PRODUCTS
OR SERVICES (INCLUDING ANY DISPUTE REGARDING THE
INTERPRETATION OR PERFORMANCE OF THE AGREEMENT)
(“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF
CALIFORNIA, USA, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS
(b) The parties will try in
good faith to settle any Dispute within 30 days after the
Dispute arises. If the Dispute is not resolved within 30
days, it must be resolved by arbitration by the American
Arbitration Association’s International Centre for Dispute
Resolution in accordance with its Expedited Commercial
Rules in force as of the date of this Agreement (“Rules”).
(c) The parties will mutually
select one arbitrator. The arbitration will be conducted
in English in Santa Clara County, California, USA.
(d) Either party may apply to
any competent court for injunctive relief necessary to
protect its rights pending resolution of the arbitration.
The arbitrator may order equitable or injunctive relief
consistent with the remedies and limitations in this
(e) Subject to the
confidentiality requirements in subsection (g), either
party may petition any competent court to issue any order
necessary to protect that party’s rights or property; this
petition will not be considered a violation or waiver of
this governing law and arbitration section and will not
affect the arbitrator’s powers, including the power to
review the judicial decision. The parties stipulate that
the courts of Santa Clara County, California, USA, are
competent to grant any order under this Subsection (e).
(f) The arbitral award will
be final and binding on the parties and its execution may
be presented in any competent court, including any court
with jurisdiction over either party or any of its
(g) Any arbitration
proceeding conducted in accordance with this Section will
be considered confidential information, including (i) the
existence of, (ii) any information disclosed during, and
(iii) any oral communications or documents related to the
arbitration proceedings, and may not be disclosed to any
third party. The parties may disclose the information
described in this Subsection (g) to a competent court as
may be necessary to file any order under Subsection (e) or
execute any arbitral decision, but the parties must
request that those judicial proceedings be conducted in
camera (in private).
(h) The parties will pay the
arbitrator’s fees, the arbitrator’s appointed experts’
fees and expenses, and the arbitration center’s
administrative expenses in accordance with the Rules. In
its final decision, the arbitrator will determine the
non-prevailing party’s obligation to reimburse the amount
paid in advance by the prevailing party for these fees.
(i) Each party will bear its
own lawyers’ and experts’ fees and expenses, regardless of
the arbitrator’s final decision regarding the Dispute.