If a dispute arises between you and SavyAuctions, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly. Accordingly,
you and SavyAuctions agree that we will resolve any claim or controversy at
law or equity that arises out of this Agreement or our services (a "Claim")
in accordance with one of the subsections below or as we and you otherwise agree
in writing. Before resorting to these alternatives, we strongly encourage you
to first contact us directly to seek a resolution. We will consider reasonable
requests to resolve the dispute through alternative dispute resolution procedures,
such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects
by the laws of the State of California as they apply to agreements entered into
and to be performed entirely within California between California residents,
without regard to conflict of law provisions. You agree that any claim or dispute
you may have against SavyAuctions must be resolved by a court located in Santa
Clara County, California, except as otherwise agreed by the parties or as described
in the Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within Santa Clara County, California for
the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than $10,000,
the party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR") provider mutually agreed upon
by the parties. The ADR provider and the parties must comply with the following
rules: a) the arbitration shall be conducted by telephone, online and/or be
solely based on written submissions, the specific manner shall be chosen by
the party initiating the arbitration; b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and c) any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against SavyAuctions must be
resolved in accordance with this Resolution of Disputes Section. All claims
filed or brought contrary to the Resolution of Disputes Section shall be considered
improperly filed. Should you file a claim contrary to the Resolution of Disputes
Section, SavyAuctions may recover attorneys' fees and costs up to $1000, provided
that SavyAuctions has notified you in writing of the improperly filed claim,
and you have failed to promptly withdraw the claim.