You must accept that any dispute between you and Sencorables arising out of or relating to the Terms of Service, Terms of Sale, the Service, or any other Sencorables products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
GOVERNING LAW: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of South Carolina, USA without regard to its conflict of laws principles.
INFORMAL DISPUTE RESOLUTION: Before filing a claim against Sencorables, you agree to try to resolve the Dispute informally by contacting Sencorables (firstname.lastname@example.org). Upon receipt we will contact you through email and try to resolve the Dispute informally without needing a formal legal case. If not resolved within 15 days after you submitted the Dispute, you or Sencorables may bring a formal proceeding. You can decline this agreement to arbitrate within 30 days of first accepting the Terms of Service or Terms of Sale by informing Sencorables by email (email@example.com).
FINAL AND BINDING ARBITRATION: Both parties, you and Sencorables agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
ARBITRATION PROCEDURES: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in the United States, Greenville, South Carolina, or any other location we agree to.
ARBITRATION FEES: The AAA rules will govern payment of all arbitration fees. Sencorables will pay all arbitration fees for claims less than $10,000. Sencorables will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
EXCEPTIONS TO AGREEMENT TO ARBITRATE: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of Sencorables’ products or Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Sencorables or you may assert claims, if they qualify, in small claims court in Greenville, South Carolina or any United States county.
NO CLASS ACTIONS: You may only resolve Disputes with Sencorables on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
JUDICIAL FORUM FOR DISPUTES: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sencorables agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Greenville, South Carolina. Both you and Sencorables consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
LIMITATIONS ON CLAIMS: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sencorables products or Service must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.