This Arbitration Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of August 1st, 2020 by and between the following parties: KGV Consulting Corp, a corporation, incorporated under the laws of the state of New York, having its principal place of business at the following address:405 RXR Plaza Suite 405 Uniondale NY 11556 Email: email@example.com
and all its customers (“User” or “you” or “your”)
The Parties may be referred to individually as "Party" and collectively as the "Parties."
WHEREAS, the Parties are entering into a legal relationship with each other, described more fully below;
WHEREAS, the Parties wish to resolve any disputes between them out of the court system and through binding arbitration;
NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
The Parties are entering into a legal relationship, the nature of which is as follows:
All products and services provided by KGV Consulting Corp., in person and/or online
A contract evidencing this legal relationship is attached. The contract is entitled: General Terms and Conditions, can be found here.
In case of a dispute between the Parties relating to or arising out of the legal relationship of the Parties as described above, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration.
The arbitration shall be conducted in the following county: Nassau. Each Party shall pay their own costs and fees of the arbitration and will split the cost of the arbitrator, unless the Parties' relationship is through employment, in which case employer shall pay the costs and fees of the arbitration. The Parties waive any rights they may have to a jury trial in regard to arbitral claims. The arbitration shall be conducted in full and completed no later than 90 days from the date an arbitrator is appointed.
The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the terms of the legal relationship (such as if evidenced through written contract), award punitive damages, or certify a class. If the Parties cannot agree on choice of an arbitrator within 21 days after commencement of an arbitration proceeding, the arbitrator will be chosen by the American Arbitration Association. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York.
The Parties agree to be bound by any decision the arbitrator makes, including any judgment on award.
Any modifications to this Arbitration Agreement must be in writing and executed by each Party. None of the terms of this Arbitration Agreement shall be deemed to have been waived by any act or acquiescence of either Party. If any provision or term of this Arbitration Agreement is held to be unenforceable, then this Arbitration Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Arbitration Agreement, valid and enforceable. Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement. This Agreement may be executed in counterparts, all of which shall constitute a single agreement.
This agreement was last modified on August 1, 2020.