Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most concerns can be resolved quickly and to your satisfaction
by contacting the Company at data.world, Legal Department,
legal@data.world, 7000 North MoPac Expressway, Suite 425,
Austin, TX 78731. This dispute resolution provision
facilitates the prompt and efficient resolution of any Dispute
(defined below) that may arise between you and the Company.
Arbitration is a form of private dispute resolution in which
persons with a dispute waive their rights to file a lawsuit,
to proceed in court and to a jury trial, and instead submit
their disputes to a neutral third person (or arbitrator) for a
binding decision. You have the right to opt-out of this
dispute resolution provision (as explained below), which means
you would retain your right to litigate your disputes in a
court, either before a judge or jury.
Please read this dispute resolution section carefully. It
provides that all disputes between you and the Company shall
be resolved by binding arbitration. Arbitration replaces the
right to go to court. In the absence of this arbitration
agreement, you may otherwise have a right or opportunity to
bring claims in a court, before a judge or jury, and/or to
participate in or be represented in a case filed in court by
others (including, but not limited to, class actions). Except
as otherwise provided, agreeing to these Terms constitutes a
waiver of your right to litigate claims and all opportunity to
be heard by a judge or jury. There is no judge or jury in
arbitration, and court review of an arbitration award is
limited. The arbitrator must follow these dispute resolution
provisions and can award the same damages and relief as a
court (including attorney’s fees).
For the purpose of this dispute resolution provision, the
“Company” means the Company and its parents, subsidiary, and
affiliate companies, and each of their respective officers,
directors, employees, and agents. The term “Dispute” means any
dispute, claim, or controversy between you and the Company
regarding any aspect of your relationship with the Company,
whether based in contract, statute, regulation, ordinance,
tort (including, but not limited to, fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or
equitable theory, and includes the validity, enforceability or
scope of this dispute resolution provision (with the exception
of the enforceability of the Class Action Waiver clause
described below). “Dispute” is to be given the broadest
possible meaning that will be enforced and shall include any
claims against other parties relating to services or products
provided or billed to you (such as the Company’s licensors,
suppliers, dealers or third-party vendors) whenever you also
assert claims against the Company in the same proceeding.
YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED
BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER
PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE
PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN
ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution.
For all Disputes, whether pursued in court or arbitration, you
must first give the Company an opportunity to resolve the
Dispute. You must commence this process by mailing written
notification to data.world, Legal Department,
legal@data.world, 7000 North MoPac Expressway, Suite 425,
Austin, TX 78731. That written notification must include (1)
your name, (2) your address, (3) a written description of your
Dispute, and (4) a description of the specific relief you
seek. If the Company does not resolve the Dispute within 45
days after it receives your written notification, you may
pursue your Dispute in arbitration. You may pursue your
Dispute in a court only under the circumstances described
below.
Exclusions from Arbitration/Right to Opt Out.
Notwithstanding the above, you or the Company may choose to
pursue a Dispute in court and not by arbitration if (a) it may
be initiated in small claims court; or (b) YOU OPT-OUT OF
THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT
YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You
may opt out of this dispute resolution provision by mailing
written notification to data.world, Legal Department,
legal@data.world, 7000 North MoPac Expressway, Suite 425,
Austin, TX 78731. Your written notification must include (1)
your name, (2) your address, and (3) a clear statement that
you do not wish to resolve Disputes with the Company through
arbitration. Your decision to opt-out of this dispute
resolution provision will have no adverse effect on your
relationship with the Company. Any opt-out request received
after the Opt-Out Deadline will not be valid and you must
pursue your Dispute in arbitration or, to the extent it
qualifies, small claims court.
Arbitration Procedures.
If this dispute resolution provision applies and the Dispute
is not resolved as provided above (Pre-Arbitration Claim
Resolution), either you or the Company may initiate
arbitration proceedings. The American Arbitration Association
(“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate
all Disputes, and the arbitration will be conducted before a
single arbitrator. The arbitration shall be commenced as an
individual arbitration, and shall in no event be commenced as
a class arbitration. All issues shall be for the arbitrator to
decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000,
the AAA’s Supplementary Procedures for Consumer-Related
Disputes will apply; for Disputes involving $75,000 or more,
the AAA’s Commercial Arbitration Rules will apply. In either
instance, the AAA’s Optional Rules for Emergency Measures of
Protection shall apply. The AAA rules are available at
www.adr.org or by calling 1-800-778-7879. For arbitration
before JAMS, the JAMS Comprehensive Arbitration Rules &
Procedures and the JAMS Recommended Arbitration Discovery
Protocols for Domestic, Commercial Cases will apply. The JAMS
rules are available at www.jamsadr.com or by calling
1-800-352-5267. This dispute resolution provision governs in
the event it conflicts with the applicable arbitration rules.
Under no circumstances will class action procedures or rules
apply to the arbitration. Because the Site and these Terms
concern interstate commerce, the Federal Arbitration Act
(“FAA”) governs the arbitrability of all Disputes. However,
the arbitrator will apply applicable substantive law
consistent with the FAA and the applicable statute of
limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual
basis any relief that would be available pursuant to
applicable law and will not have the power to award relief to,
against or for the benefit of any person who is not a party to
the proceeding. The arbitrator will make any award in writing
but need not provide a statement of reasons unless requested
by a party. Such award will be final and binding on the
parties, except for any right of appeal provided by the FAA,
and may be entered in any court having jurisdiction over the
parties for purposes of enforcement.
Location of Arbitration – You or the Company may initiate
arbitration in either Travis County, Texas or the federal
judicial district that includes your billing address. In the
event that you select the federal judicial district that
includes your billing address, the Company may transfer the
arbitration to Travis County, Texas in the event that it
agrees to pay any additional fees or costs you incur as a
result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – The Company will pay
all arbitration filing fees and arbitrator’s costs and
expenses upon your written request given prior to the
commencement of the arbitration. You are responsible for all
additional fees and costs that you incur in the arbitration,
including, but not limited to, attorneys or expert witnesses.
Fees and costs may be awarded as provided pursuant to
applicable law. In addition to any rights to recover fees and
costs under applicable law, if you provide notice and
negotiate in good faith with the Company as provided in the
section above titled “Pre-Arbitration Claim Resolution” and
the arbitrator concludes that you are the prevailing party in
the arbitration, you will be entitled to recover reasonable
attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver.
Except as otherwise provided in this dispute resolution
provision, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form
of a class or representative proceeding or claims (such as a
class action, consolidated action or private attorney general
action) unless both you and the Company specifically agree to
do so following initiation of the arbitration. If you choose
to pursue your Dispute in court by opting out of the dispute
resolution provision, as specified above, this Class Action
Waiver will not apply to you. Neither you, nor any other
Member of or visitor to the Site can be a class
representative, class Member, or otherwise participate in a
class, consolidated, or representative proceeding without
having complied with the opt-out requirements above.
Jury Waiver.
You understand and agree that by agreeing to these Terms you
and the Company are each waiving the right to a jury trial or
a trial before a judge in a public court. In the absence of
this dispute resolution provision, you and the Company might
otherwise have had a right or opportunity to bring Disputes in
a court, before a judge or jury, and/or to participate or be
represented in a case filed in court by others (including
class actions). Except as otherwise provided below, those
rights are waived. Other rights that you would have if you
went to court, such as the right to appeal and to certain
types of discovery, may be more limited or may also be waived.
Severability.
If any clause within this dispute resolution provision (other
than the Class Action Waiver clause above) is found to be
illegal or unenforceable, that clause will be severed from
this dispute resolution provision, and the remainder of this
dispute resolution provision will be given full force and
effect. If the Class Action Waiver clause is found to be
illegal or unenforceable, this entire dispute resolution
provision will be unenforceable and the Dispute will be
decided by a court.
Continuation.
This dispute resolution provision shall survive the
termination of your usage of or access to the Site,
Submissions, Materials or the Services. Including the removal
or deletion of all your Submissions. Notwithstanding any
provision in these Terms to the contrary, the Company agrees
that if the Company makes any change to this dispute
resolution provision (other than a change to the Notice
Address), you may reject any such change and require the
Company to adhere to the language in this dispute resolution
provision if a dispute between you and the Company arises.