THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BOXHUB WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
These Terms and the Contract shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America applicable therein, excluding any conflict of laws rules that would direct the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
You and Boxhub agree to first attempt to resolve any Dispute arising under or relating to these Terms or the Contract through good faith negotiations. If a Dispute cannot be resolved within a reasonable timeframe, either party may initiate non-binding mediation in New York City, New York, under the auspices of the JAMS: Mediation, Arbitration and ADR Services (JAMS) or another mediator mutually agreed upon by the parties, who shall not unreasonably withhold consent to a mediator proposed in good faith. Each party agrees to participate in the mediation in good faith, bearing its own costs and equally sharing the mediator's fees and expenses.
Should the parties fail to resolve the Dispute through negotiations or mediation within thirty (30) days of initiating mediation, the Dispute shall then be resolved exclusively by final and binding arbitration under the JAMS Streamlined Arbitration Rules & Procedures. The arbitration process, including its existence, content, and result, shall be confidential. Arbitration shall be conducted by a single arbitrator, agreed upon by the parties or appointed according to JAMS rules if no agreement is reached. The arbitration demand and any counterclaims must clearly detail the factual and legal basis of the claim, including a statement of all damages and remedies sought. The arbitration shall be conducted in English in New York City, New York. Each party shall bear its own arbitration costs, with the arbitrator having discretion to award reasonable fees and costs to the prevailing party.
The arbitrator is empowered to decide issues of arbitrability, interpret these Terms or the Contract, and provide appropriate remedies, including injunctive relief. However, the arbitrator shall not exceed the authority of a court with jurisdiction over the Dispute, award damages beyond what these Terms or the Contract allow, or alter the Terms or the Contract. The arbitrator's award, to be issued within 30 days post-hearing, will be written and shall include the rationale for the decision. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The parties consent to the jurisdiction of state or federal courts within a district where assets of a party against whom a judgment has been awarded are located, for the purpose of enforcing such judgment against the party's assets.
YOU AND BOXHUB HEREBY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING HEREUNDER OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THIS CONTRACT, THE PURCHASE OF CONTAINERS OR SERVICES, OR THE USE OF THE WEBSITE THAT IS BEING ESTABLISHED. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS CONTRACT, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS