You may choose to have the arbitration used because of the cell, predicated on created distribution, or perhaps in person in the new state where you live or at another mutually consented location.
c. Power off Arbitrator. The arbitrator shall apply California law consistent with the Federal Arbitration Act and shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Mindbody. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
You and MINDBODY HEREBY WAIVE One CONSTITUTIONAL And Statutory Rights So you can SUE Into the Legal And also have A shot In front of A great Court Otherwise Good JURY
d. Waiver off Jury Demo. You and Mindbody are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 27(a), above. However, there is no judge or jury in arbitration, and court review of hop over to tids website an arbitration award is subject to very limited review.
e. Waiver of Class Measures and other Low-Individualized Rescue. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
An enthusiastic arbitrator is honor towards the a single base an equivalent damages and you can save since a judge and really should follow this Contract given that a judge create
f. 30-Day Directly to Decide Away. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Mindbody, Attention: MB App Arbitration Opt Out, 4051 Broad Street, Suite 220, San Luis Obispo, CA 93401 or at [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Mindbody username (if any), the email address you used to set up your Mindbody App account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.