LEGAL DISPUTES & BINDING ARBITRATION AGREEMENT

ARBITRATION AGREEMENT

By dropping off your computer for repair and/or purchasing any product or component from Nichols Computer & Installation Services, you agree that you have read our terms and conditions outlined; you waive any and all rights to litigate a dispute against Nichols Computer & Installation Services, Its Owner/Proprietor, and/or any all all employees, officers, or independent contractors which Nichols Computer & Installation Services may employ the use of. You further agree that the arbitration of any claim or dispute between us shall be conducted under the Code of Procedure for Resolving Business Disputes in effect when the claim is filed. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

1. Any dispute, controversy or claim arising out of or relating in any way to Products or Services provided by Nichols Computer & Installation Services, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Terms and Conditions, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. [In the event of a dispute, controversy or claim arising out of or relating in any way to Products or Services provided by Nichols Computer & Installation Services, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after 1 (One) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

2. This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.

3. The arbitration shall be conducted by 1 (one) arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association shall select the arbitrator in accordance with the terms of this agreement.

4. The arbitrator[s] shall have ten years of experience in Business Disputes and Computer Related Businesses and also shall have served as an arbitrator at least 3 (three) times prior to their service as an arbitrator in this arbitration.

5. The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association.

6. The arbitration shall be conducted in Couer d'Alene, IDAHO.

7. The laws of the State of Idaho shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.

8. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 120 (one hundred and twenty) days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.

9. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

10. The Parties shall  be entitled to discovery in the arbitration except that any Party shall be entitled to request no more than 500 (Five Hundred) pages of documents and to take 3 (three) depositions not to exceed a total of 6 (six) hours for all such depositions. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.

11. The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness [ten] days before the arbitration hearing.

12. The arbitrator[s] shall have authority to award punitive/consequential/special/ indirect damages. The arbitrator shall be entitled to issue injunctive and other equitable relief. The arbitrator shall award interest from the time of the breach to the time of award at the rate of 4 (Four)%. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.

14. The filing party shall be responsible for all Fees and Costs associated with arbitration, and shall pay both parties allocation of the share of these fees, pending resolution of arbitration. If the Arbitrator decides in favor of the filing party, they are entitled to recuperate these costs, in addition to any other award granted by the Arbitrator. 

15. The Arbitrator(s) are limited to awarding an amount submitted prior to the commencement of the hearings contained in a sealed envelope by each of the Parties.

16. A Party may file an appeal in arbitration of any final arbitration award before a single arbitrator within 30 days of the date the award is issued. The Party filing such an appeal in arbitration is responsible for paying all filing and arbitrator fees associated with the appellate arbitration proceedings.

17. The Parties agree to keep confidential the proceedings, participants, documents and evidence and Award of, the arbitration, except as necessary to conduct the arbitration or in connection with any court application ,related to the arbitration or as otherwise required by law.

18. The parties also agree that neither party may file for litigation proceedings, unless and until Binding arbitration has concluded, and then only to obtain a judgment for the arbitrative award granted by the Arbitrator.

ORIGINAL DATED 08/01/2019