18. Dispute ResolutionDisputes.
We want to address your concerns without filing a formal legal case. Before filing a claim against Bold Ventures, you agree to try to resolve the dispute informally by contacting us at firstname.lastname@example.org
. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed to by both parties), you and/or Bold Ventures agree to resolve any claims related to this Terms through mediation. Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively “Actions
”) between you and Bold Ventures or Bold Ventures employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through mediation, except as set forth under ‘Exceptions to Agreement to Mediate’ and/or you opt out as described below. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.Opt-Out.
You can opt-out and decline this agreement to mediate by contacting Bold Ventures within thirty (30) days from the date that you first became subject to this mediation provision. You must write us at Bold Ventures, LLC, Attn: Opt Out Mediation, 5842 N Wayne Ave, Unit 1 Chicago, IL 60660. If you opt out, neither you nor Bold Ventures can require the other to participate in a mediation proceeding.Mediation Procedures.
Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Mediate section below and/or if you opt out of mediation as described herein, all claims shall be settled by mediation in accordance with generally acceptable mediation process such as ‘JAMS’. Any such controversy and/or claim shall be mediated on an individual basis, and shall not be consolidated in any mediation with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the mediation of any disputes shall be treated by the parties, their representatives, and the mediator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The mediation shall be held in Cook County, Illinois or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any mediation proceedings.Exceptions to Agreement to Mediate.
Notwithstanding anything herein to the contrary, the request by either party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, and other equitable remedies, including specific performance, shall not be subject to mediation, and any claims related to Bold Venture’s intellectual property and/or Confidential Information shall be adjudicated only by the state or federal courts in Cook County, Illinois.Waiver.
There is no judge or jury in mediation and mediation procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, BOLD VENTURES AND YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.