any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have arising out of, relating to, or connected in any way with any Respawn Product or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.
this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
the arbitration shall be held in Los Angeles, California.
the arbitrator’s decision shall be controlled by the terms and conditions of these Respawn Terms of Sale, Main Terms of Sale and any of the other agreements referenced herein that the applicable customer may have entered into in connection with the Webstore and/or the Respawn Product.
the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Razer or Respawn entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
the arbitrator shall not have the power to award punitive damages.
if the administrative fees and deposits that must be paid to initiate arbitration against Razer exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Razer agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Razer will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
with the exception of subpart (F) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (F) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Razer shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com