governing lawthese terms and any action related thereto will be governed by the laws of the state of california without regard to its conflict of laws provisions. agreement to arbitrateyou and niantic agree that any dispute claim or controversy arising out of or relating to these terms or the breach termination enforcement interpretation or validity thereof or the use of the services or content collectively disputes will be settled by binding arbitration except that each party retains the right a to bring an individual action in small claims court and b to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement misappropriation or violation of a party s copyrights trademarks trade secrets patents or other intellectual property rights the action described in this clause b an ip protection action. without limiting the preceding sentence you will also have the right to litigate any other dispute if you provide niantic with written notice of your desire to do so by email or regular mail at termsofservice nianticlabs com or 2 bryant st ste. 220 san francisco ca 94105 within thirty 30 days following the date you first accept these terms such notice an arbitration opt out notice. if you don t provide niantic with an arbitration opt out notice within the thirty 30 day period you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses a and b above. the exclusive jurisdiction and venue of any ip protection action or if you timely provide niantic with an arbitration opt out notice will be the state and federal courts located in the northern district of california and each of the parties hereto waives any objection to jurisdiction and venue in such courts. unless you timely provide niantic with an arbitration opt out notice you acknowledge and agree that you and niantic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. further unless both you and niantic otherwise agree in writing the arbitrator may not consolidate more than one person s claims and may not otherwise preside over any form of any class or representative proceeding. if this specific paragraph is held unenforceable then the entirety of this dispute resolution section will be deemed void. except as provided in the preceding sentence this dispute resolution section will survive any termination of these terms. arbitration rulesthe arbitration will be administered by the american arbitration association aaa in accordance with the commercial arbitration rules and the supplementary procedures for consumer related disputes the aaa rules then in effect except as modified by this dispute resolution section. the aaa rules are available at www adr org arb_med or by calling the aaa at 1 800 778 7879. the federal arbitration act will govern the interpretation and enforcement of this section. arbitration processa party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the aaa rules. the aaa provides a general demand for arbitration the arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the aaa s roster of arbitrators. if the parties are unable to agree upon an arbitrator within seven 7 days of delivery of the demand for arbitration then the aaa will appoint the arbitrator in accordance with the aaa rules. arbitration location and procedureunless you and niantic otherwise agree the arbitration will be conducted in the county where you reside. if your claim does not exceed 10 000 then the arbitration will be conducted solely on the basis of the documents that you and niantic submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. if your claim exceeds 10 000 your right to a hearing will be determined by the aaa rules. subject to the aaa rules the arbitrator will have the discretion to direct a reasonable exchange of information by the parties consistent with the expedited nature of the arbitration. arbitrator s decisionthe arbitrator will render an award within the time frame specified in the aaa rules. the arbitrator s decision will include the essential findings and conclusions upon which the arbitrator based the award. judgment on the arbitration award may be entered in any court having jurisdiction thereof. the arbitrator s award of damages must be consistent with the terms of the limitation of liability section above as to the types and amounts of damages for which a party may be held liable. the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant s individual claim. if you prevail in arbitration you will be entitled to an award of attorneys fees and expenses to the extent provided under applicable law. niantic will not seek and hereby waives all rights it may have under applicable law to recover attorneys fees and expenses if it prevails in arbitration. feesour responsibility to pay any aaa filing administrative and arbitrator fees will be solely as set forth in the aaa rules. however if your claim for damages does not exceed 75 000 niantic will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose as measured by the standards set forth in federal rules of civil procedure 11 b changesnotwithstanding the provisions of the changes to terms or services section above if niantic changes this dispute resolution section after the date you first accepted these terms or accepted any subsequent changes to these terms you may reject any such change by sending us written notice including by email to termsofservice nianticlabs com within 30 days of the date such change became effective as indicated in the last updated date above or in the date of niantic s email to you notifying you of such change. by rejecting any change you are agreeing that you will arbitrate any dispute between you and niantic in accordance with the provisions of this dispute resolution section as of the date you first accepted these terms or accepted any subsequent changes to these terms.
if you have issues with these terms you agree to use an independent party to settle it with us instead of suing us. if it s really serious or you write us in advance you can sue us.