Pure AI Arbitration

Any controversy or claim arising out of or relating to this agreement, including the interpretation, formation, breach, termination, validity, arbitrability or enforceability thereof, shall be settled by binding arbitration administered by DecisionLayer in accordance with its rules then in effect at https://www.decisionlayer.ai/rules (the “Rules”). The substantive rights and obligations of the parties shall be governed by the internal laws of the State of New York. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), shall govern this arbitration provision, its interpretation and enforcement, all questions of arbitrability, and the arbitration proceedings. The FAA shall control over any conflicting provision of law. Judgment on any arbitration award may be entered in any State or Federal Court located in New York State or any other court of competent jurisdiction. SUBJECT TO THE RULES, DECISIONLAYER ARBITRATIONS WILL BE CONDUCTED BY DECISIONLAYER’S ARTIFICIAL INTELLIGENCE SYSTEM (THE “DECISIONLAYER AI”), SUBJECT TO THE PARTIES’ RIGHT TO APPEAL TO AN INDEPENDENT, HUMAN ARBITRATOR. THE PARTIES HERETO: EXPRESSLY AGREE AND ACKNOWLEDGE THE DECISIONLAYER AI WILL ISSUE THE BINDING, FINAL ARBITRAL AWARD; AGREE AND ACKNOWLEDGE THEY WILL BE BOUND BY SUCH AWARD; CONSENT TO THE ENFORCEABILITY OF SUCH AWARD INCLUDING PURSUANT TO FAA 9 U.S.C. § 9; AND IRREVOCABLY WAIVE ANY AND ALL OBJECTION TO ANY OF THE FOREGOING. The parties agree that the designated administration by DecisionLayer is an essential term of this agreement and constitutes a substantial and valuable right. THE PARTIES HERETO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY CONSENTS TO RECEIVE SERVICE OF PROCESS COMMENCING AN ARBITRATION VIA THE DECISIONLAYER WEBSITE (IF IT HAS AN ACCOUNT), BY EMAIL, BY REGISTERED OR CERTIFIED MAIL, OR IN ACCORDANCE WITH APPLICABLE LAWS. EACH PARTY HERETO WAIVES ANY OBJECTION TO SERVICE BY THESE MEANS. Any arbitration shall be conducted virtually via the DecisionLayer platform. Each litigant’s relationship with DecisionLayer is governed by the DecisionLayer Terms of Service available at https://www.decisionlayer.ai/terms. If DecisionLayer is disqualified, unavailable, or otherwise unable to administer or hear any dispute for any reason, the parties shall apply to a court of competent jurisdiction for appointment of an arbitrator pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. § 5, and the agreement to arbitrate shall remain fully enforceable. The invalidity of any portion of this arbitration provision shall not affect the validity of any other portion, and any invalid provision shall be modified to the least extent necessary to render it valid.