Sentences with phrase «arose under the terms»

Any dispute arising under these Terms or in connection with your use of this Website shall be resolved exclusively by the state and / or federal courts of the State of Washington, King County and / or the Western District of Washington.

You agree that any action arising under these Terms of Use & Disclaimer shall be subject to the non-exclusive jurisdiction of Singapore courts.

This clause stated that either party could seek to compel arbitration of any dispute that arose under the terms of the contract.

Notice: A party to the Terms claiming a dispute («Dispute») has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief.

Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Cook County, Illinois.

You agree to submit to jurisdiction in Virginia and that any claim arising under these Terms and Conditions will be brought solely in a court of competent jurisdiction in Fairfax County, Virginia.

Not exact matches

You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislaterms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislaTerms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Massachusetts, USA without regard to its conflicts of laws provisions.

Any claim related to any dispute arising as a result of the site or under these Terms shall be made before a court of competent jurisdiction located in the Commonwealth of Massachusetts.

If, as I have suggested, there are different sets of conventions governing the use of the term «experience», and if those conventions are such that what might properly be called experience under one set might not properly be called experience under another, then a rather obvious question arises with regard to the process account of experience.

Curiously, however, the demand for the term «social justice» did not arise until modern times, in which more complex societies operate by impersonal rules applied with equal force to all under «the rule of law.»

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Under the terms of the agreement, Biogen will be responsible for developing, commercializing and licensing all the therapies arising out of the collaboration.

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

Two projects are funded under the grant from the Einhorn Foundation: Project 1: The Taxonomy Project: «Non-Cognitive» Skills for Learning and Life Success The Taxonomy Project will focus on three tasks: Task 1: Describe and integrate existing frameworks in the broad non-cognitive domain; including key terms / skills arising from multiple research disciplines and diverse approaches to measuring and defining skills.

You agree that any dispute arising between you and The Math Learning Center under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action.

They can arise under certain terms such as these:

--(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer.

The Consulting Agreement with Northern Lights Compliance Services, LLC («NLCS») provides that the Registrant agree to indemnify and hold NLCS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liability arising out of or attributable to the Trust's refusal or failure to comply with the terms of the Agreement, or which arise out of the Trust's lack of good faith, gross negligence or willful misconduct with respect to the Trust's performance under or in connection with the Agreement.

Binding Arbitration Any dispute arising under or in connection with LUNCHSPARK, the Site, or its Terms and Privacy Policy shall be submitted to and resolved either by means of mediation or binding arbitration.

To secure all of your Debt arising under your Credit Account and under the terms of the Cardholder Agreement, you assign, transfer, pledge, grant a security interest in, and set over to us all of your rights, title and interest in the Collateral Account and in all renewals, substitutions of, and additions and proceeds of the Collateral Account.

To the fullest extent permitted by law, in no event and under no circumstances shall PetSmart Charities or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for direct, indirect, special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANIMAL LEAGUE OR THE CONTRIBUTORS OF INFORMATION TO THE SITES OR OUR SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S USE OR INABILITY TO USE THE SITES, OR YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislation).

10.3 The Surf School owner may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of their rights or obligations arising under it, at any time during the term of the Contract.

If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Section 5 (and with respect to 5 (c), insofar as any claims may arise from, or relate to, consumer protection or fraud and / or misrepresentation, or result in attorney's fees) does not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence.

12.2 The courts of England shall have the non-exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these Terms or the legal relationship established by them.

At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

However, a «50 - year Gaussian filter» as was used by Briffa and Jones the 99 Science and RG articles is a clever bell - shaped filter that has a 50 - year characteristic period (in terms of its half - amplitude, I believe), yet uses well under 50 observations, and hence can get even closer to the end without endpadding issues arising.

He has particular specialist experience in disputes arising under long - term «take or pay» gas supply contracts and in gas price review arbitrations.

(2) No pecuniary claim, arising out of the arrest, detention, examination and surrender of persons sought under the terms of this Treaty, shall be made by the requested State against the requesting State.

The court considered intricate arguments about construction of contract terms, it being contended that «arising under» was narrower in scope than «arising out of».

Regulation 5 (1) of UCT 1999 provides that a contractual term which had not been individually negotiated would be regarded as unfair if, contrary to the requirement of good faith, it caused a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer.

Section 2 (c) of the Act defines the term «International Commercial Arbitration» and it means an Arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in Bangladesh and where at least one of the parties is: (i) an individual who is a national of or habitually resident in, any country other than Bangladesh; or (ii) a body corporate which is incorporated in any country other than Bangladesh; or (iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than Bangladesh, or (iv) the Government of a foreign country.

Both cases arise out of a «sale and lease back» financing transaction under which financiers (Bitumen) purchased a bitumen carrier from one member of a group of companies, and then leased the vessel back to a different member of the group (Windrush) on the terms of a demise charter guaranteed by another group company (Richmond).

[9] A jurisdictional issue could also arise in proceedings instituted under the transitional program for covered business method patents based on the PTAB's incorrect interpretation of the terms «financial product or service» or «technological invention.»

Thus, where a claim based on cybercrime (now a defined term under our policy) would otherwise be eligible for coverage (because it arises from a lawyer's delivery of professional services), it will be covered, but only up to a sublimit of $ 250,000, including defence, repair and indemnity costs together.

The case also acts as a reminder to tenants who may find it financially beneficial to be aware of the terms of their lease, as even if the payments are due under the contract, if the correct procedure for demand is not followed, no duty to pay service charges may arise.

In all cases of criminal contempt arising under the provisions of this act, the accused, upon conviction, shall be punished by fine or imprisonment or both; Provided however, that in case the accused is a natural person the fine to be paid shall not exceed the sum of $ 1,000, nor shall impriSonment exceed the term of six months; Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury; Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court on conviction is a fine in excess of the sum of $ 300 or imprisonment in excess of forty five days, the accused in said proceeding upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases.

Re LMAA arbitrations (2011, confidential, ongoing): multi-million dollar disputes under a string of long term charterparties arising out of premature termination, related world wide freezing injunctions.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

They can modify or even extinguish rights arising under provincial statutes or the common law but, generally speaking, must do so in clear terms.

The Regulations provide that a «contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties» rights and obligations arising under the contract, to the detriment of the consumer».