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Any dispute, claim or controversy arising out of or relating to your use of this websiteĀ https://wrmsdc.org/Ā (hereinafter āSiteā) or the breach, termination, enforcement, interpretation or validity thereof,Ā including any services used and/or provided by WRMSDC to process applications to become a Listed, Registered or Certified MBE and the determination of the scope or applicability of this agreement toĀ arbitrate, shall be covered by thisĀ arbitrationĀ clause and determined byĀ arbitrationĀ in Alameda County, California before threeĀ arbitrators.Ā TheĀ arbitrationĀ shall be administered by JAMS pursuant to its ComprehensiveĀ ArbitrationĀ Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid ofĀ arbitrationĀ from a court of appropriate jurisdiction. The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverseĀ arbitratorsĀ (considering gender, ethnicity and sexual orientation), and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potentialĀ arbitratorĀ appointees. Within 15 days after the commencement ofĀ arbitration, each party shall select one person to act asĀ arbitrator, and the two so selected shall select a thirdĀ arbitratorĀ within 30 days of the commencement of theĀ arbitration. If theĀ arbitratorsĀ selected by the parties are unable or fail to agree upon the thirdĀ arbitratorĀ within the allotted time, the thirdĀ arbitratorĀ shall be appointed by JAMS in accordance with its rules. AllĀ arbitratorsĀ shall serve as neutral, independent and impartialĀ arbitrators. The parties shall maintain the confidential nature of theĀ arbitrationĀ proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct theĀ arbitrationĀ hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, anyĀ arbitrationĀ conducted pursuant to the terms of this Agreement shall be governed by the FederalĀ ArbitrationĀ Act (9 U.S.C., Secs. 1-16.)
In any arbitration arising out of or related to your use of the Site, the arbitrators shall award to the prevailing party, if any, the costs and attorneysā fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrators determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the costs and attorneysā fees reasonably incurred by the prevailing party in connection with the arbitration.