PLEASE SCROLL THROUGH THE FOLLOWING TERMS AND POLICIES CAREFULLY. AT THE END OF THE AGREEMENT THERE WILL BE A CLICK BOX FOR YOU TO UTILIZE WHICH WILL REFLECT YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY MODIFICATIONS MADE FROM TIME TO TIME.
WHEN YOU UTILIZE OUR WEBSITE(S) TO SUBMIT CONTENT TO OUR WEBSITE(S) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND POLICIES SET FORTH HEREIN BELOW.
YOU CANNOT PARTICIPATE AND SUBMIT CONTENT TO OUR WEBSITE(S) OR ACCESS OUR REGISTERED ONLY SECTIONS OF OUR WEBSITE(S) UNTIL ACCEPTING THE TERMS AND CONDITIONS SET FORTH BELOW
If you do not agree to be bound by the terms of this Agreement, you should not check the box but in such event you will not be able to proceed with the registration process for any prospective Services offered by the Company (the “Service”) nor will you be able to access our website content. To the extent you have access to or are using the Service without having completed our Registration Process, you are hereby notified that your continued use of the Service is subject to the terms and conditions of this Agreement as explained herein below.
1. Mission Statement for Sokt Website: Sōkt is a brand defined by its culture. A society of people who treasure life and live it with purpose. Sōkt represents everything meaningful, from quality clothing to concerts, from culture to humor, from volunteering to celebrating, and everything in between. The journey begins by visiting our website that will be dedicated to connecting like-minded individuals and providing them with content and style that is unique, swift, and creatively edgy. We are eager to sculpt our own path while making a difference along the way. Our goal is to earn devotion from those inspired by our vision. So join the movement and get sōkt!
3. Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our Website. You may not use the Company’s Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our Website, Company will suspend your account or usage as applicable.
4. Trademarks: www.getsokt.com OR www.soktstore.com and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
5. Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole in in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial expoitation of downloaded material will be permitted without the express permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Digital Millennium Copyright Act.
Sokt Entertainment, LLC is an Online Service Provider under the DMCA. Sokt Entertainment, LLC respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein.
All images on getsokt.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
Claims of Infringement
If you believe that any content appearing on getsokt.com infringes on your copyright, please notify us. Deliver all Notices to Sokt Entertainment, LLC’s designated copyright agent by Mail or by Email at the following:
By E-Mail to: DMCA [at] getsokt [dot] com
By Mail to: The Law Offices of Geralyn F. Noonan
8250 College Pkwy
Fort Myers, FL 33919
Get the following information to us and the infringing material will be removed as soon as possible.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6. Third Party Content: Company is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributors) and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will Company be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Company is not responsible for any actions or inaction on your part based on the Information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content
A. Community Guidelines. By submitting any User Content or participating In an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that:
• violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
• you know to be false, misleading or inaccurate.
• contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
• contains or advocates pornography or sexually explicit content pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
• violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
• advocates violent behavior.
• poses a reasonable threat to personal or public safety.
• contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
• is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright trademark, trade secret right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Company, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
• does not generally pertain to the designated topic or theme of any Interactive Area.
• contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
• You agree that any person who appears in your submission and whose name you utilize or who participates in the submittal is not entitled to compensation by Company.
• You agree not to impersonate any person or entity, including, but not limited to, Company or any Company employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• You agree not to represent or suggest directly or indirectly, Company’s endorsement of User Content.
• You agree not to Interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
• You agree not to upload, post or otherwise transmit any User Content software or other materials which contain a virus or other harmful or disruptive component
• You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
• You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
• You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
Any conduct that In Company’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Company reserves the right In its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
Company does not vouch for the accuracy or credibility of any User Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
8. Electronic Communication: When you visit our Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
“Registration and Participation for the User Portion of Our Website is restricted to those individuals 18 years of age, emancipated minors or those who possess legal, parental or guardian consent and are fully able and competent to enter into the Terms, Conditions, Obligations, Affirmations, Representations and Warranties herein as well as comply with the community guidelines specified in Section 6 above.
In addition, the Company reserves the right to modify the community guidelines from time to time and add additional restrictions on the use of this website by all members inclusive of any members identified by this paragraph.
9. Additional Restrictions on Use.
(A) Content: The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Service are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Service to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from Sokt Entertainment, LLC.”
(B) Download: While you may download, store and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining.
10. Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
12. Availability of Service through other Platforms: If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platform terms in addition to this Agreement.
Additional terms included for Apple App Store Applications.
This section applies to any user that downloads the Sōkt Entertainment, LLC (get sōkt App) software from the Apple App Store.
Sōkt Entertainment, LLC and you acknowledge that these terms are entered into solely between you and Sōkt Entertainment, LLC and not with any third party, including Apple, Inc. These terms are not intended to provide Usage Rules for Sōkt Entertainment, LLC software that are less restrictive than the Usage Rules set forth for the Licensed Applications in, or otherwise conflict with, the Apple App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
Subject to all the terms and conditions herein, Sōkt Entertainment, LLC hereby grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Sōkt Entertainment, LLC software, in object code form, only on your App Store compatible device for the sole purpose of personally using the website(s) and, if you have downloaded the Sōkt Entertainment, LLC software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
You acknowledge that Apple, Inc has no responsibility for addressing any claims relating to the website(s) or Sōkt Entertainment, LLC software or your possession and/or use of the website(s) or the Sōkt Entertainment, LLC software, including but not limited to (i) product liability claims; (ii) any claims that the website(s) or the Sōkt Entertainment, LLC software fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
You acknowledge and agree that Apple, Inc. and Apple, Incorporated’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the Terms and Conditions of these Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
13. Disclaimer of Warranties and Limitation of Liability:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Applicable Law: By visiting our website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Company.
15. Content – RSS Feeds, etc.: As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.
16. Content – Apps, Extensions, etc.: You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
17. Penalties for Unauthorized Use: Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
18. Protocols: You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
19. Additional Restrictions on Use of the Content: You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another web site, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
20. Community; User Generated Content – User Name: We require you to register to access and use certain of our community areas. We require that you use your own first and last name as your user name for these community areas. With certain exceptions, when you register, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please immediately contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
21. User Generated Content- User Content. We offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as “User Content” in this Agreement and are subject to various terms and conditions as set forth below.
22. Cautions Regarding Other Users and User Content: You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, we do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
23. Grant of Rights and Representations by You: If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant SŌKT Entertainment, LLC, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.
You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other Subscribers or users to request access to your User Content. You agree that you are financially responsible for any claim against us arising from any User Content you create.
24. Removal of User Content: We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
25. Rules of Conduct and Community Rules: All users must comply with the Community Rules currently in effect or as promulgated from time to time by Sokt Entertainment, LLC. Based upon SŌKT overarching theme of “sharing our kindness together”, SŌKT is specific as to the type of content being placed on our website. SŌKT has identified and adopted certain rules and regulations regarding content “Community Rules” as further set forth below. You acknowledge that these rules are fair, reasonable and necessary to avoid liability to SŌKT as well as to maintain the integrity and positive messaging of SŌKT. As such, these rules and regulations as now promulgated or from time to time amended will be binding upon your use of this website.
26. “WAIVER OF JURY TRIAL: THE PARTIES HERETO ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT THIS RIGHT MAY BE WAIVED. BANK AND BORROWER EACH HEREBY KNOWINGLY, VOLUNTARILY AND WITHOUT COERCION, WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR ANY OTHER AGREEMENTS BETWEEN ANY OF THE PARTIES, INCLUSIVE OF ANY ACTIONS SOUNDING IN TORT, BAD FAITH, FRAUD, OR OTHERWISE. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THEIR CONSENT TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY AND THE OTHER AGREEMENTS SET FORTH IN THIS AGREEMENT.”
27. Governing: The law of Florida shall govern the validity, interpretation, construction and performance of this Agreement, and any litigation or arbitration proceedings relating to this Agreement shall only be determined judicially or by arbitration within the jurisdiction of the State of Florida, solely and exclusively in the 20th Judicial Circuit in and for Lee County, Florida.
28. Alternate Dispute Resolution Encompassing All Contract or Tort claims:
A. Informal negotiation and settlement. It is mutually agreed between Company and User that in the event of any controversy, dispute or claim arising out of or in any way relating to this agreement, including any or all statutory and tort claims arising from either parties’ negligence inclusive of personal injuries, death, or damage to personal property, Company and User shall enter into good faith negotiation over this dispute within five (5) business days of such dispute. “Good faith negotiation”, for purposes of this particular paragraph, is a bona fide effort made by Company and User to meet or discuss via telephone conference and address their respective disputes for purposes of resolving same without further proceedings.
B. Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY • IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Company to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content services, and/or technology on or through the Site.
C. Formal Non-Binding Mediation. Company and User further hereby agree that in the event they are unable to resolve any respective controversy(ies), dispute(s) or claim(s) arising out of or in any way relating to this agreement, including any or all statutory and tort claims arising from either parties negligence inclusive of personal injuries, death, or damage to personal property, then in such event Company and User shall submit, within ten (10) business days, to non-binding mediation in accordance with the general rules governing negotiation as promulgated by the Mediation and Arbitration Division of the Twentieth Judicial Circuit in and for Lee County, Florida with venue for mediation to be in Lee County, Florida.
D. Arbitration. In the event that formal non-binding mediation does not result in settlement of any respective parties’ controversy(ies), dispute(s) or claim(s), arising out of or in any way relating to this agreement including any or all statutory and tort claims arising from either parties negligence inclusive of personal injuries, death, or damage to personal property, Company and User shall enter into good faith negotiation over this dispute within five (5) business days of such dispute the parties acknowledge and agree that they shall thereafter submit all such disputes to arbitration pursuant to the arbitration provision as set forth herein below.
It is mutually agreed that any controversy, dispute or claim arising out of or in any way relating to this Agreement, the interpretation thereof, including any or all statutory and tort claims arising from either parties negligence, inclusive of personal injury, death or damages to personal property, that in such event all such controversies, claims or disputes or the breach thereof, shall be settled by arbitration in accordance with the Florida Arbitration Code and to the extent they do not conflict with the arbitration provisions contained herein the parties agree to utilize the Commercial Arbitration Rules promulgated by the American Arbitration Association, although the American Arbitration Association will not be the arbitration administrator. The controversy or claim shall be submitted to a single arbitrator, having at least ten (10) years’ experience in this area of practice and who is mutually agreed upon by the parties within thirty (30) days of notice of an intent to arbitrate any matter hereunder. If the parties cannot agree upon an arbitrator within such thirty (30) day period, such an arbitrator shall be selected in accordance with the Florida Arbitration Code through a court that has a situs solely and exclusively in Lee County, Florida. The arbitration of such dispute will be held in Lee County, Florida within thirty (30) days after completion of discovery. The award of the arbitrator will be final and binding on all parties to the arbitration and judgment may be entered upon it in accordance with law in any court of competent jurisdiction. In the event of arbitration, the parties hereto specifically agree that discovery shall be allowed in the form of written interrogatories, depositions of witnesses, production, inspection and copying of documents to the same extent as is provided under the Florida Rules of Civil Procedure. Provided, however, the time for responding to requests for written interrogatories, production and inspection and copying of documents shall be reduced to ten (10) days. Any disagreements between the parties to the dispute as to the scope and extent of and compliance with the discovery will be referred to the arbitrator and his determination shall be final.
The parties further agree that such discovery procedures shall not be extended beyond two (2) months from the selection of the arbitrator; provided, however, that for good cause, the arbitrator shall be permitted in his discretion to extend said time for discovery.
In the event of any arbitration between parties hereto to enforce any of the provisions of this Agreement or any right of either party hereunder (including appellate proceedings), the unsuccessful party to such proceeding agrees to pay to the successful party all costs and expenses, including all reasonable attorneys’ fees, court costs and all other costs and expenses incurred therein by the successful party, all of which shall be included in and as a part of the arbitration award and/or judgment rendered upon such award.
The parties hereby expressly confer upon the arbitrator the jurisdiction and authority to determine the issues of entitlement to attorneys’ fees and costs (in accordance with the guidelines for costs set forth in the Florida Rules of Civil Procedure) and the amount to be awarded therefore, based upon prevailing party status. Thus, after having determined entitlement based upon who is the prevailing party (pursuant to applicable principles of law in the regard), the arbitrator shall determine the amount of attorneys’ fees to be awarded to the prevailing party. Evidence of such attorneys’ fees and costs will be submitted to the arbitrator in accordance with the following procedure:
(a) Within seven days after the announcement by the arbitrator of the prevailing party, counsel for the prevailing party shall file with the arbitrator (and simultaneously serve upon opposing counsel) an affidavit of actual attorney’s fees, setting forth the total number of attorney and paralegal hours for which recovery is sought, the hourly rates applicable thereto, and a separate affidavit of costs. The fee affidavit shall authenticate copies of all billing statements submitted by the attorney to the client, together with any computer printouts or other backup material from which such billing statements were generated, copies of all which shall be attached to such affidavits or made available for review and copying. There shall be no need to submit to expert testimony (either live or in the form of affidavits) to substantiate the amount of fees or costs sought.
(b) Within seven days after the submission of such attorney fee affidavit to the arbitrator, the non-prevailing party shall have the right to submit to the arbitrator a written challenge questioning any of the attorneys’ fees sought to be recovered by the prevailing party.
(c) Either party may, within seven days after the submission of such written challenge, request a hearing before the arbitrator for the purpose of oral argument.
(d) Based upon the information so submitted, the arbitrator shall award attorney’s fees and costs in favor of the prevailing party in an amount determined by the arbitrator to be reasonable under all of the facts and circumstances.
The provisions contained in the three (3) methods of Alternate Dispute Resolution described herein shall survive the Closing of this Agreement or, if applicable, Termination of this Agreement prior to Closing.
I have read the above and foregoing, acknowledged that my use of the SŌKT website are subject to the specific terms and conditions set forth above and I understand and agree to be bound by these terms and policies as well as any additional rules and regulations promulgated by SŌKT for use of this website.