Brilliant: Difference between revisions

Line 45:

Brilliant may revoke access to the service that a customer has paid for at any time, without explanation:<blockquote>Brilliant may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Brilliant determines there may be an immediate threat to Brilliant, it may terminate such access without notice).</blockquote>

===~~Forced~~ arbitration===

===Mixed-jurisdiction forced arbitration===

Local consumer rights may not apply to this agreement. According to the terms of service, with respect to their agreement with Brilliant, customers are governed by the laws of Pennsylvania, but not to its ''courts'', instead agreeing to submit to the jurisdiction of the courts in California.<blockquote>This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, as if made within Pennsylvania between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California.</blockquote>Customers forfeit their right to pursue legal action, instead being subject to [[forced arbitration]] by a private company:<blockquote>Notwithstanding the foregoing sentence, (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California, using the English language.</blockquote>

@@ Line 45: / Line 45: @@
 Brilliant may revoke access to the service that a customer has paid for at any time, without explanation:<blockquote>Brilliant may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Brilliant determines there may be an immediate threat to Brilliant, it may terminate such access without notice).</blockquote>
-===Forced arbitration===
+===Mixed-jurisdiction forced arbitration===
 Local consumer rights may not apply to this agreement. According to the terms of service, with respect to their agreement with Brilliant, customers are governed by the laws of Pennsylvania, but not to its ''courts'', instead agreeing to submit to the jurisdiction of the courts in California.<blockquote>This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, as if made within Pennsylvania between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California.</blockquote>Customers forfeit their right to pursue legal action, instead being subject to [[forced arbitration]] by a private company:<blockquote>Notwithstanding the foregoing sentence, (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California, using the English language.</blockquote>