9. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT DISPUTES WITH US TO ARBITRATION. THIS LIMITS THE MANNER IN WHICH YOU CAN SEEK LEGAL RECOURSE.

9.1. You agree to submit to arbitration any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and XREX agree to notify each other in writing (including via electronic communication) of any dispute within thirty (30) days of when it arises.

9.2. Procedures Prior to Arbitration:

9.2.1. If you have any dispute with XREX regarding the Services, you agree to file a Formal Complaint before pursuing any other legal actions, so that we can attempt to resolve the dispute effectively and efficiently. A Formal Complaint is filed when you send such notice to [e-mail] with the subject “Formal Complaint Process” including the details set out below. If you do not file a Formal Complaint or fail to provide complete information in your email before taking any other legal actions or seeking equitable relief in an applicable court, XREX has the right to ask the arbitrator or the court to issue an injunction, put a hold on proceedings or dismiss the filing unless and until you complete the Formal Complaint Process. For the purpose of this section, a “Formal Complaint” must include your information, details of the issue or dispute (including dates, times and parties involved, where relevant), supporting documents, the impact of the issue or dispute on you, the desired resolution, any prior communication with XREX personnel, and a confirmation of the accuracy of the information that you provide.

9.2.2. If any such dispute is not settled amicably within ninety (90) days after you file a Formal Complaint, the Parties agree that such dispute shall be referred to and finally resolved by arbitration on a confidential basis at the SIAC in Singapore in accordance with the SIAC Rules. However, to the extent that the SIAC Rules are in conflict with the Terms, the Terms shall prevail.

9.2.3. The tribunal shall consist of one (1) arbitrator, to be appointed by the President of the SIAC. The language of the arbitration shall be English.

9.3. Governing law: Any dispute arising from this Agreement will be governed and construed by these Terms and the laws of Singapore, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and XREX will not commence against the other a class action, class arbitration or representative action or proceeding.