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2012/05/02 Council Agenda Packet
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2012/05/02 Council Agenda Packet
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Council Agenda Packet
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5/2/2012
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5 an individual basis, not on a class or representative basis. No class actions joinder or <br /> consolidation of any Claim with a Claim of any other person or entity shall be allowable in <br /> arbitration, without the written consent of both You and us. <br /> e) In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non- <br /> class proceedings is enforceable under applicable law,then that question shall be resolved by <br /> litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a <br /> Claim shall proceed on a class basis, it shall so proceed in a court located in Los Angeles County, <br /> California, USA, rather than in arbitration. <br /> ARBITRATION WITH RESPECT TOA CLAIM IS BINDING AND NEITHER YOU NOR SPOKED <br /> WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU <br /> AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE <br /> RIGHT TOA TRIAL BYJUDGE OR JURYAND THE RIGHT TO PARTICIPATE OR BE <br /> REPRESENTED IN PROCEEDINGS BROUGHT BYOTHERS SUCH AS CLASS ACTIONS OR <br /> SIMILAR PROCEEDINGS. IN ADDITION,THE RIGHT TO DISCOVERYAND THE RIGHT TO <br /> APPEAL ARE ALSO LIMITED OR ELIMINATED BYARBITRATION.ALL OF THESE RIGHTS ARE <br /> WANED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. <br /> 18. Entire Agreement <br /> a) These Terms and any Spokeo policies posted on Spokeo.com constitute the entire contract <br /> between You and Spokeo and supersede all previous written or oral contracts. If any part of the <br /> Terms is held invalid or unenforceable,that portion shall be construed in a manner consistent with <br /> applicable law to reflect, as nearly as possible,the original intentions of the parties,and the <br /> remaining portions shall remain in full force and effect. <br /> Last Updated: November 10,2011 <br /> 24 <br />
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