NO PURCHASE IS NECESSARY TO ENTER OR WIN. NON-PURCHASE AND PURCHASE ENTRIES HAVE EQUAL CHANCE OF WINNING.
Toro Management LLC DBA SYLK, is a registered corporation in the state of Arizona, hereinafter referred to as SYLK USA.
Within five (5) business days after such demand the other Party shall respond to the demand in writing, by filing a written answer with AMCA. AMCA shall initially attempt to facilitate a resolution of the matter through mediation. The mediation shall be conducted at AMCA’s offices. All mediation discussions are privileged and confidential. Persons who are not Parties are not allowed to attend the mediation conference without the consent of the Parties. Any mediation resolution may be enforced in a court of law. Each of the Parties to a Claim will bear its own costs incurred prior to and during the negotiation and mediation proceeding described herein, including the fees of its attorney or other representative. If, at any time during the course of the mediation, either AMCA or either of the Parties believe that a stalemate has been reached, AMCA shall schedule a single-hearing arbitration hearing, without any Party being entitled to pre-hearing discovery (other than a demand for, and exchange of, all relevant documents, including invoices, receipts, change orders and correspondence), unless otherwise agreed by the Parties and AMCA. The arbitration hearing shall be held at AMCA’s offices on five (5) days’ notice to the Parties. If AMCA declines, for any reason, to arbitrate the matter, then the matter will be arbitrated by a mutually agreeable party to be identified within five (5) business days following AMCA’s decline notice. If the Parties are unable to agree to an arbitrator, then the matter shall be submitted to the American Arbitration Association.
The mediation costs and expenses shall be shared by the Parties and, if and to the extent required, will pay its respective share of the costs in advance of the mediation as a condition to its continuation of the prosecution or defense of the Claim. The arbitration costs and expenses of each party shall be borne by the non-prevailing Party. At the discretion of the arbitrator, the AMCA Arbitration Rules, or the Commercial Arbitration Rules (Fast Track, if available) of the American Arbitration Association, then in effect, where not in conflict with this Section, shall be utilized in the arbitration hearing and the law of the evidence of the State of Arizona shall govern the presentation of evidence at such hearing.
Any Party, without waiving the right to arbitrate the dispute, may apply to a court having jurisdiction for provisional relief, writs, attachments or injunctions that may not be available in arbitration. An award rendered by the arbitrator appointed under and pursuant to this Agreement shall be final and binding on all parties to the proceedings, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. To that end, the arbitrator shall have the right to render decisions with regard to all remedies that would otherwise be available at law or in equity to the Parties and the arbitrator shall have jurisdiction over all matters of fact and law necessary to render a decision. Should a dispute arise as to whether or not any dispute arising under the terms of this Agreement is subject to this arbitration provision, the matter shall be decided by arbitration in the same manner and with the same effect as all disputes arising out of this Agreement. If the dispute proceeds to arbitration, the arbitrator shall have jurisdiction over all matters of fact and law necessary to render a decision.
To the extent permitted herein, the Parties hereby irrevocably submit to the process, jurisdiction, and venue of the courts of the State of Arizona. Maricopa County, and to the process, jurisdiction and venue of the United States District Court of Arizona, for purposes of such action arising out of or relating to this Agreement. Without limiting the generality of the foregoing, the Parties hereby waive and agree not to assert by way of motion, defense or otherwise in any such suit, action or proceeding any claim that any such Party is not personally subject to the jurisdiction of the above-named courts, that suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper.