Arbitration may be conducted by one 1 attorney arbitrator by mutual agreement or by three 3 arbitrators if the parties are unable to agree on a single arbitrator within thirty 30 days of first demand for arbitration.
All arbitrators are to be selected from a panel provided by AAA. In the case of a three-arbitrator panel, the chairman and one other arbitrator shall be attorneys at law, and the third arbitrator shall have a background or training in either computer law, computer science, computer engineering, or marketing of computer industry products.
The arbitrator s shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator s , upon request of a party. The award rendered shall be final and binding upon the parties and shall not be subject to appeal to any courts, and may be enforced in any court of competent jurisdiction. The parties hereto are independent contractors. You shall abide by all local, state, federal, and international laws, rules, regulations, and orders applying to Your use of the Products.
This Agreement will be governed and construed in accordance with the laws of the State of California without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. This Agreement constitutes the entire agreement between You and SDA and supersedes any prior or contemporaneous negotiations or agreements, whether oral, written, or displayed electronically, concerning the Product and related subject matter.
No modification or waiver of any provision hereof will be effective unless made in a writing signed by both SDA and You. Should any provision of this Agreement be invalid or unenforceable, the remainder of the provisions will remain in effect. The parties have agreed that this Agreement and the documents related thereto be drawn up in the English language.
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