MOMOVE
MOMOVE, acknowledge and agree that the Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Colorado, without invoking its conflict of law principles. I consent and submit to the exclusive jurisdiction of the State Court in Denver, Colorado, for any legal action or dispute arising from or related to the Terms and Conditions, except as otherwise specified herein. However, any controversy or claim arising from this agreement will be resolved through arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code). This applies even if the agreement is governed by the laws of the State of Colorado. The arbitration will be conducted under the Commercial Rules of the American Arbitration Association, with limited discovery on liability claims and the postponement of discovery on damages calculations or financial matters until after the arbitrator(s) decide on liability. In case of any inconsistency between the rules of the American Arbitration Association (AAA) and this paragraph, the terms of this paragraph will prevail. The arbitration will be administered by AAA and held in Denver, Colorado. A single arbitrator will handle all claims, and the arbitration hearings will commence within ninety (90) days of the arbitration demand, conclude within ninety (90) days of commencement, and the arbitrator’s award will be issued within thirty (30) days of the hearing’s closure. However, the arbitrator(s) may extend the commencement of the hearing by up to an additional sixty (60) days for good cause. The arbitrator(s) will provide a concise written statement explaining the reasons for the award. The arbitration award may be submitted to a court with jurisdiction for confirmation and enforcement. The arbitrator(s) will determine whether a claim is time-barred by the statute of limitations and may dismiss the arbitration accordingly. The service of a notice of Claim to AAA, as per applicable AAA rules, will be considered equivalent to filing a lawsuit for the purpose of applying the statute of limitations. Any dispute regarding this arbitration provision or the arbitrability of a claim will be decided by the arbitrator(s). The arbitrator(s) will have the authority to award legal fees in accordance with the terms of this agreement. The prevailing party in any action or arbitration relating to these Terms and Conditions will be entitled to reasonable attorneys’ fees and costs. The terms of this section will remain in effect even after the termination of the Terms and Conditions.