(b) Procedures and fees
To initiate an arbitration process, start by contacting the Canadian Arbitration Association (https://canadianarbitrationassociation.ca). Arbitration will be governed and administered by the Canadian Arbitration Association in Canada (“CAA”) or a mutually agreed arbitration authority. Any arbitrator will be bound by the terms of this EULA. Except for guidelines to protect Confidential Information and Intellectual Property Rights, all issues are decided by the Arbitrator. Unless both parties agree otherwise, arbitration hearings will take place in Montreal, Canada.
You are also responsible for any filing fees and the right to a hearing will be determined by CAA Rules. You may select that the arbitration process is conducted by a telephone hearing, on the basis of documents submitted to the arbitrator, or in- person as established by CAA Rules.
Once the arbitration is completed, an arbitrator shall issue a decision explaining its conclusions on which the award is based. Only if an arbitrator issues you a monetary award, which award is greater than the value of our last written settlement offer made before an arbitrator was selected, then AKWA will pay you a maximum of CDN $10,000. Except as expressly set forth herein, filing, administration and arbitrator fees are governed by CAA Rules.
(c) Claims Only In Individual Capacity
You and AKWA agree that each party may claim against the other, only if the representation is as an individual capacity, and not as a plaintiff or class member, representative or private attorney general proceeding. Unless you and AKWA agree differently, the arbitrator will not consolidate many claims with your own, and will not preside over any class proceedings or forms of it.
The arbitrator may award declaratory relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s claim. If a court of law decides that applicable law precludes enforcement of an individual claim for relief, then only such claim can be severed from arbitration and be brought in courts.
10. Export Compliance
Our Software and related technologies are subject to export or import control laws and regulations in the countries where it will be used and deployed. You agree to indemnify and hold AKWA harmless from any claims, losses, liabilities, damages, cost, fees and expenses arising from or related to any breach by you of your obligations.
11. Data Protection
You understand that when you become a customer and user of our Software, that all communications such as agreements, notices or disclosures are in writing, to satisfy any legal requirements, and are in electronic format. The email address you give us at registration or otherwise is also used to send you information about our products and services. If you select to do so, you can also use the opt-out link provided in your emails to opt-out of any marketing material.