In the event of a conflict between this article and the Universal Terms of Service, the Universal Terms of Service will control.
Jurisdiction and Disputes
This Agreement shall be governed in accordance with the laws of the State of California.
Customer acknowledges and agree that this Agreement is deemed to be entered into in California, regardless of the location of Customer.
Prior to the filing of any claim or lawsuit with respect to any dispute arising under this Agreement (other than a suit seeking injunctive relief as provided hereunder), the aggrieved party will request in writing the other party’s involvement in the negotiation of an amicable resolution. The parties will use their best efforts in good faith to arrange written communications, personal meetings and/or telephone conferences as needed and mutually convenient to the management personnel involved within thirty (30) days following the request for dispute resolution negotiations (the “Negotiation Period”), and no lawsuit will be commenced with respect to the dispute during such Negotiation Period. In the event pre-litigation negotiations are unsuccessful in the Negotiation Period, any dispute between the parties concerning the terms of this Agreement or performance under this Agreement shall be submitted and resolved by civil litigation in the state court of the State of California, Los Angeles County, Stanley Mosk Courthouse located 111 N. Hill Street, Los Angeles, California, 90012, USA (http://www.lacourt.org/courthouse/info/la). The parties hereto consent to the jurisdiction of such state courts, agree to accept service of process by US mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Class Action Waiver. Customer agrees may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and InMotion specifically agree in writing to do so. Neither you, nor any other Member of InMotion and/or user of InMotion services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding