What exactly does this mean ???
With the exception of claims and/or disputes relating to returns of product(s) for credit, you and AVADirect agree that any claim, dispute, or controversy, between you and us, of every nature and description, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, common law, intentional tort and equitable claims ("Dispute"), involving AVADirect, its employees, agents, successors, assigns, subsidiaries and affiliates, arising from, in connection with, or relating to this Agreement, its interpretation, or the alleged breach, termination, or questions as to the validity thereof, SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION under its rules then in effect. The arbitration will be limited solely to the claim, dispute or controversy between you and AVADirect. The arbitration will be conducted before one (1) independent and impartial arbitrator selected by the American Arbitration Association, or by agreement between you and AVADirect should the American Arbitration Association decline to select an arbitrator. The arbitrator will render his/her award in writing and will include the findings of fact and conclusions of law upon which the award is based. Any award of the arbitrator shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
WITH THE EXCEPTION OF CLAIMS AND/OR DISPUTES RELATING TO RETURNS OF PRODUCT(S) FOR CREDIT, YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED, OR GIVEN UP, THOSE RIGHTS AND HAVE AGREED TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
All arbitrations, under this Section, shall take place in the County of Summit, State of Ohio, or in your state, should we so agree. Customer waives any objection to venue, and consents to personal jurisdiction. Should you fail or refuse to reasonably cooperate in the arbitration process, you specifically agree and authorize us to proceed with arbitration in your absence.
You and AVADirect agree that any claims and/or disputes involving returns of product(s) for credit shall be determined in a court of competent jurisdiction in the County of Summit, State of Ohio, or in your state, should we so agree. Customer waives any objection to venue, and consents to personal jurisdiction. Should you fail or refuse to reasonably cooperate in such proceeding, you agree and authorize us to proceed in such court in your absence.
"SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION under its rules then in effect."
Especially that ? ^^^^^^^^^^^^^
With the exception of claims and/or disputes relating to returns of product(s) for credit, you and AVADirect agree that any claim, dispute, or controversy, between you and us, of every nature and description, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, common law, intentional tort and equitable claims ("Dispute"), involving AVADirect, its employees, agents, successors, assigns, subsidiaries and affiliates, arising from, in connection with, or relating to this Agreement, its interpretation, or the alleged breach, termination, or questions as to the validity thereof, SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION under its rules then in effect. The arbitration will be limited solely to the claim, dispute or controversy between you and AVADirect. The arbitration will be conducted before one (1) independent and impartial arbitrator selected by the American Arbitration Association, or by agreement between you and AVADirect should the American Arbitration Association decline to select an arbitrator. The arbitrator will render his/her award in writing and will include the findings of fact and conclusions of law upon which the award is based. Any award of the arbitrator shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
WITH THE EXCEPTION OF CLAIMS AND/OR DISPUTES RELATING TO RETURNS OF PRODUCT(S) FOR CREDIT, YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED, OR GIVEN UP, THOSE RIGHTS AND HAVE AGREED TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
All arbitrations, under this Section, shall take place in the County of Summit, State of Ohio, or in your state, should we so agree. Customer waives any objection to venue, and consents to personal jurisdiction. Should you fail or refuse to reasonably cooperate in the arbitration process, you specifically agree and authorize us to proceed with arbitration in your absence.
You and AVADirect agree that any claims and/or disputes involving returns of product(s) for credit shall be determined in a court of competent jurisdiction in the County of Summit, State of Ohio, or in your state, should we so agree. Customer waives any objection to venue, and consents to personal jurisdiction. Should you fail or refuse to reasonably cooperate in such proceeding, you agree and authorize us to proceed in such court in your absence.
"SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION under its rules then in effect."
Especially that ? ^^^^^^^^^^^^^
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