1. DISPUTE RESOLUTION, GOVERNING LAWS AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SEARCH LLC, SLOTS HAPPINESS, AND AFFILIATES TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND SEARCH LLC, SLOTS HAPPINESS, AND AFFILIATES CAN SEEK RELIEF FROM EACH OTHER.

By agreeing to these Terms, you and Search LLC, Slots Happiness, and Affiliates agree that any and all past, present and future disputes, claims or causes of action between you and Search LLC, Slots Happiness, and Affiliates arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Search LLC, Slots Happiness, and Affiliates or any of Search LLC, Slots Happiness, and Affiliates’ licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below.  You and Search LLC, Slots Happiness, and Affiliates further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

“Country of Residence” for purposes of this Section 15 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service.  If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

If your Country of Residence is in the European Economic Area, no provision in this Section 15 shall exclude or restrict any of your statutory rights you may have as a consumer.

• Governing Law. 

(a.1) If your Country of Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles.  The agreement to arbitrate contained in this Section 15, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.

(a.2) If your Country of Residence is not the United States these Terms, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section 15, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. 

 (b)      Informal Dispute Resolution.  Search LLC, Slots Happiness, and Affiliates wants to address your concerns without needing a formal legal case.  Before filing a claim against Search LLC, Slots Happiness, and Affiliates, you agree to try to resolve the Dispute informally by contacting search8@outlook.com.  Similarly, Search LLC, Slots Happiness, and Affiliates will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Search LLC, Slots Happiness, and Affiliates may initiate an arbitration proceeding as described below.

(c)        We Both Agree To Arbitrate.  By agreeing to these Terms, you and Search LLC, Slots Happiness, and Affiliates each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.

(d)       Opt-out of Agreement to Arbitrate.  You may decline this agreement to arbitrate by contacting search8@outlook.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.  By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Search LLC, Slots Happiness, and Affiliates will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

(e)        Arbitration Procedures and Fees.

(e.1)  If your Country of Residence is the United States, you and Search LLC, Slots Happiness, and Affiliates agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought.  Those rules are available at www.adr.org.  Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and Search LLC, Slots Happiness, and Affiliates further agree that the arbitration will be held in Delaware, or, at your election, will be conducted telephonically or via other remote electronic means.  The AAA rules will govern payment of all arbitration fees.  

(e.2) If your Country of Residence is not the United States, you and Search LLC, Slots Happiness, and Affiliates agree that the Government of Delaware, USA will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and Search LLC, Slots Happiness, and Affiliates further agree that the arbitration will be held in English or French and in Delaware, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means.  The CADR rules will govern payment of all arbitration fees. 

 (f)       Arbitration Shall Proceed Individually.  Regardless of your County of Residence or the rules of a given arbitration forum, you and Search LLC, Slots Happiness, and Affiliates agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Search LLC, Slots Happiness, and Affiliates may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Search LLC, Slots Happiness, and Affiliates will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

(g)       Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SEARCH LLC, SLOTS HAPPINESS, AND AFFILIATES SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION  15(G) (CLASS ACTION AND COLLECTIVE ARBITRATION WAIVER) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER party’s ELECTION.

(h)        Exceptions to Agreement to Arbitrate.  Notwithstanding your and Search LLC, Slots Happiness, and Affiliates’ agreement to arbitrate Disputes, either you or Search LLC, Slots Happiness, and Affiliates may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 15 or to enforce any arbitral award issued hereunder.  Additionally:

(h.1)  If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and Search LLC, Slots Happiness, and Affiliates’ agreement to arbitrate Disputes, either you or Search LLC, Slots Happiness, and Affiliates also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/ . Please note that Search LLC, Slots Happiness, and Affiliates shall not be required to use this or any other alternative dispute resolution platform.

(h.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Search LLC, Slots Happiness, and Affiliates’ agreement to arbitrate Disputes, either you or Search LLC, Slots Happiness, and Affiliates may also assert claims, if they qualify, through the Small Claims Court in Delaware, USA, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.

(i) Judicial Forum for Disputes.  Except as otherwise required by applicable law or provided in this Section 15, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Search LLC, Slots Happiness, and Affiliates agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Delaware, USA.  Both you and Search LLC, Slots Happiness, and Affiliates consent to venue and personal jurisdiction there.