Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and Talem agree that any dispute, claim or controversy arising out of or relating in any way to the report or your use thereof shall be determined by mandatory binding arbitration. You agree that the Commercial Arbitration Act of Nova Scotia governs the interpretation and enforcement of this provision, and that you and Talem are each waiving the right to a trial by jury and the right to participate in a class or multi-party action.
ii. You and Talem agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Service are NOT subject to mandatory arbitration. Instead, you and Talem agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Nova Scotia, Canada, and that applicable Nova Scotia and/or Canadian federal law shall govern, without regarding to choice of law principals.
iii. YOU AND TALEM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
iv. Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the applicable arbitration rules with the remainder paid by Talem. Any arbitration costs or fees deemed 'excessive' will be paid by Talem.
v. You and Talem further agree that applicable laws of Nova Scotia shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Nova Scotia
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