PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY INCLUDE A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND OL GLOBAL LLC AGREE TO RESOLVE MOST DISPUTES BY BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS – INSTRUCTIONS ON THIS OPT-OUT ARE IN SECTION (K) BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
These Terms and Conditions (“Agreement”) govern the relationship between OL Global, LLC. (“OL Global,” “we,” or “us”) and you with respect to websites, and other online or mobile services or applications (collectively, the “Services”). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.We reserve the right to change or modify this Agreement at any time and in our sole discretion.
A LEGAL DISCLAIMER
TERMS & CONDITIONS
Eligibility; Registration Data
You must be 18 or older to use our Services. You represent and warrant that you have full power and authority to enter into this Agreement and that, in doing so, you will not violate any other agreement to which you are a party nor any applicable law or regulation. We may request certain information about you. To use our Services, you must provide certain information about yourself and the electronic device that you provide to OL Global for sale (“Device”), including, without limitation, a scan of your driver’s license or other government identification, and any other information requested by us. You agree to provide accurate, current and complete User Data. You acknowledge and agree that OL Global will collect and store your User Data and that it may be used and shared with law enforcement and others to prevent fraud and help investigate crimes. You agree to, and release OL Global from any liability in connection with, these activities. Your ability to use our Services may be terminated and/or deleted without warning if we believe you have violated this Agreement.
Privacy Policy
Please read our Privacy Policy (located in the footer on each page of the website) for information about how OL Global collects, uses, and discloses information about you and your Device.
Terms of Purchase
We will determine, in our sole discretion, whether to present an offer to purchase your Device. All offers to purchase a Device are made solely on behalf of OL Global, prices will be displayed in U.S. dollars, and are relating to sale of a Device after inspection at our headquarters. You acknowledge and agree that we may rely upon any User Data you provide when we make our offer or complete the purchase of a Device. All purchases made by OL Global are absolutely final, and there are no returns or refunds, except as required by law.
Removal of Data and Files
OL Global does not guarantee or warrant that data, photos, emails, notes, SIM cards, memory cards and/or other files on your Device (“Device Data”) will be removed from your Device. You agree to remove all Device Data before providing your Device to us and deactivate cellular coverage for the Device from the network carrier. You hereby release and hold OL Global harmless from any access or use of any Device Data by OL Global or any third parties that may subsequently acquire the Device. OL Global shall not be responsible or have any liability for any losses suffered by you as a result of any Device Data that is accessible from a Device, or from your failure to deactivate cellular coverage for the Device from the network carrier. YOUR PROVISION OF ANY DEVICE, INCLUDING ANY DEVICE DATA ACCESSIBLE THEREIN, TO OL GLOBAL IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOATM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO YOUR DEVICE OR ANY DEVICE DATA ACCESSIBLE THEREIN.
Your Sale Obligations
You represent, warrant and agree that:
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You are the legal owner of the Device and have the right to transfer all right, title and interest in such Device to OL Global, and that nothing prevents you from selling your Device to us;
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The Device has not been obtained by unlawful means (e.g., it is not stolen or was no obtained by fraudulent means);
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The Device is the entire device and not part(s) of an electronic device;
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The Device is not a fake, counterfeit, imitation, mock‐up, dummy or reproduction of an electronic device;
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In the event that any Device you sell to us is determined to be stolen, is requested by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Device is or was stolen, OL Global has the right to collect civil restitution from you to recover the value we paid you for the Device and may also seek other remedies;
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If a prior transaction between you and OL Global resulted in any monetary loss for OL Global due to your breach of this Agreement or your failure to follow our instructions regarding the Device you offered for sale, we reserve the right to offset future transaction amounts in order to cover such losses;
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The Device is free from all liens or encumbrances of any kind;
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You have deactivated cellular coverage for the Device from the mobile network carrier
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Once you sell your Device to us, you are transferring all rights, title and interest in and to the Device and any Device Data remaining on the Device to OL Global; and
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You will not restrict or inhibit any other potential customer from using the Services.
Payment
Subject to availability and eligibility, OL Global may give you a choice of payment method for the price of your Device(s). These payment methods may include cash, digital payments, or other renumeration or promotions. Such Digital Payment options are also subject to the terms and conditions of the Digital Payment provider you choose.
You are obligated and responsible for providing us with correct payment information when you enter your User Data. This includes entering your correct name, email address and/or phone number associated with the payment method you select. OL Global is not responsible for any non-payment, partial payments, or delayed payment(s) caused by or related to incorrect User Data. Payments may take up to 96 hours for us to process. If you are experiencing any problems with receiving payment from us, please contact our customer service team on WhatsApp or by sending us a message so that we may investigate further and arrange for payment to be made as agreed.
Materials and Trademarks
The information and materials provided through the Services, including any data, text, graphics, images, audio and video clips, logos, icons, software and links, and any intellectual property contained therein, (collectively, the “Materials”) constitute the property of OL Global or its licensors or suppliers. You are granted a limited, non‐sublicensable license to access and use the Materials for your personal use; provided, however, that such license does not include the right to (a) use unauthorized data gathering or extraction methods, (b) access or use the Materials other than for their intended purposes, or (c) distribute, modify, transmit or publicly display the Materials without the written consent of OL Global or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by accessing or using the Materials.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of OL Global and our licensors and suppliers. The Trademarks owned by OL Global, whether registered or unregistered, may not be used in connection with any product or service that is not OL Global’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages OL Global. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of OL Global or our licensors or suppliers. The terms “Materials” and “Trademarks” as used in this Agreement do not include third party trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with OL Global.
Hyperlinks
You are granted a limited, non‐exclusive right to create a text hyperlink to our websites for noncommercial purposes, provided that such link does not portray OL Global or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use OL Global’s logo or other proprietary graphics to link to our websites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any OL Global trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on the Services without our prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of OL Global or any third party.
OL Global makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Services or of websites that link to our Services. Such sites are not under the control of OL Global and OL Global is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of a link does not imply affiliation, endorsement or adoption by OL Global of any site or any information contained therein. You should also be aware that when you interact with these third party websites, the terms and policies of those third-party websites will govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.
Third Party Content
We may provide third-party content on the Services as a service to those interested in this information. We do not control, endorse or adopt any third party Content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third party content and undertake no responsibility to update or review such content. You access and use such content at your own risk.
Third Party Products and Services
We may display advertisements and promotions from third parties on our Services or may otherwise provide information about or links to third party products or services. OL Global does not endorse or make any representations or warranties regarding any third-party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third party information on the Services.
Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, originals or creative materials or other information that you provide to OL Global regarding our products or services are nonconfidential and shall become the sole property of OL Global. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Jurisdiction
The Services are solely directed to individuals residing in the United States. We make no representation that the Services, including all Materials contained therein, are appropriate or available for use in locations outside the United States.
Disclaimers
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OL GLOBAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON‐INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THUS THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OL GLOBAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR‐FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.
Limitation of Liability
NEITHER ECOATM NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF OL GLOBAL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY DOLLARS ($50). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold OL Global and our affiliates, licensors, suppliers, advertisers and sponsors, and our respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) your activities in connection with the Services; (c) any User Content you post, store or otherwise transmit on or through the Services; (d) any feedback you provide; and (e) your violation of the rights of any third party.
Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND OL GLOBAL TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND OL GLOBAL FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND OL GLOBAL AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. OL GLOBAL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION (K), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
(a) Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section apply to all Claims between you and OL Global. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and OL Global, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to this Agreement or our Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.
(b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against OL Global or if OL Global has a Claim against you, you and OL Global will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and OL Global will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.
You will send any Claimant Notice to OL Global by certified mail addressed to OL Global, LLC, 3301 Spring Mountain Rd Ste 10 Las Vegas, NV 89102. OL Global will send any Claimant Notice to you by certified mail or email using the contact information you have provided to OL Global. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or OL Global cannot proceed to arbitration before the end of the Informal Resolution Period.
The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or OL Global, including any disputes in which you or OL Global seek injunctive or other equitable relief for the alleged unlawful use of your or OL Global’s intellectual property or other infringement of your or OL Global’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by this Agreement. If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between you and OL Global as modified by this Agreement. For Claims that must be arbitrated by AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and OL Global as modified by this Agreement. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or OL Global to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
(e) Arbitration Procedure and Location. You or OL Global may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM in accordance with the Rules.
Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to OL Global by certified mail addressed to OL Global, LLC, 3301 Spring Mountain Rd Ste 10 Las Vegas, NV89102. OL Global will send any demand for arbitration to you by certified mail or email using the contact information you have provided to OL Global.
The arbitration will be conducted by a single arbitrator in the English language. You and OL Global both agree that the arbitrator will be bound by this Agreement.
For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Las Vegas, NV, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and OL Global agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and this Agreement.
(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
(h) One Year to Assert Claims. To the extent permitted by law, any Claim by you or OL Global against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or OL Global will no longer have the right to assert that Claim.
(i) Confidentiality. If you or OL Global submits a Claim to arbitration, you and OL Global agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and OL Global agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(j) Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in this Agreement. You or OL Global may advise the other of your or OL Global’s belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.
Coordinated Claims may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this Agreement permits such Coordinated Claim to be filed in arbitration or court.
Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.
After that point, counsel for the parties will select 30 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 24(j).
A single arbitrator will preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid half by OL Global and half by the other parties. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Remaining Claims: If the mediation process concludes with 100 or more unresolved Coordinated Claims remaining, any party to a remaining Coordinated Claim may elect to no longer have the arbitration requirement in this Section 24 apply to all remaining Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding.
If the mediation process concludes with fewer than 100 Coordinated Claims remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Coordinated Claims (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Coordinated Claims have been arbitrated.
If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
(k) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing OL Global. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid.
(l) Rejection of Future Arbitration Changes. You may reject any change we make (except address changes) by sending us notice of your rejection within 30 days of the change by certified mail addressed to OL Global, LLC, 3301 Spring Mountain Rd Ste 10 Las Vegas, NV 89102.
(m) Severability. If any portion of this is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and(iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Applicable Law and Venue
Any dispute arising from this Agreement or your use of the Services will be governed by and construed and enforced in accordance with the laws of Nevada except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Nevada or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts in the County of Clark, Nevada.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to, and use of, the Services.
Severability
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.