July 10, 2021
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WHILE THE INFORMATION ON THE SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP OR ANY AGENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP OR AGENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. NEITHER RECEIPT OF INFORMATION PRESENTED ON THE SITE NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THE SITE WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND ANY SUCH EMAIL OR COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL. No user of the Site should act or refrain from acting on the basis of information included on the Site without seeking legal advice of counsel in the relevant jurisdiction. You should not and are not authorized to rely on the Site as a source of legal advice. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of the Site.
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ANY DISPUTE ARISING OUT OF THE USE OF THE SITE OR RELATING TO THE AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO SECTION 1280 ET SEQ. OF THE CODE OF CIVIL PROCEDURE. THIS PROVISION APPLIES TO ALL DISPUTES, INCLUDING BUT NOT LIMITED TO ALLEGATIONS OF NEGLIGENCE, BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, OR FRAUD. THE ARBITRATOR SHALL BE A NEUTRAL ARBITRATOR SELECTED BY THE PARTIES, OR APPOINTED BY THE COURT. THE DECISION OF THE ARBITRATOR WILL BE BINDING. The arbitration shall be conducted in Hong Kong under the auspices of the Hong Kong International Arbitration Centre (“HKIAC”). The arbitration shall be conducted in the English language before an arbitrator appointed in accordance with the HKIAC Rules. During such arbitration, any controversy of claim arising out of or relating to the construction or applications of any term, provision, or condition of this Agreement shall comply with and be governed in accordance with the laws of the state of California.
Waiver of Trial
IF THE FOREGOING BINDING ARBITRATION CLAUSE WERE NOT IN THE AGREEMENT, THE PARTIES WOULD EACH HAVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE IN THE EVENT OF ANY LITIGATION BETWEEN THE PARTIES. THE PARTIES ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL OR COURT TRIAL IN ANY DISPUTE BETWEEN THE PARTIES. YOU SPECIFICALLY UNDERSTAND THAT THE RIGHT TO HAVE SUCH DISPUTES DECIDED BY A JUDGE OR A JURY IS HEREBY WAIVED.
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Each provision of this Agreement (a “Provision”) shall be deemed severable. If any Provision or the application of any Provision to any person or circumstance shall be held invalid or unenforceable by a court of any jurisdiction:
- The Provision shall be ineffective only in that jurisdiction.
- The Provision shall be ineffective only to the extent that it has been expressly held to be invalid or unenforceable in that jurisdiction.
- The ineffectiveness of the Provision shall not invalidate any other provision of the Agreement or the application of the Provision itself to persons or circumstances other than those with respect to which it was held invalid or unenforceable in the jurisdiction in question.