Your access to and use of this Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using this Website, you agree to be bound by these Terms. This Website that ADA provides is always evolving and the form and nature of this Website may change from time to time without prior notice to you. In addition, ADA may stop (permanently or temporarily) providing access to this Website (or any features within this Website) to you or in general, and may not be able to provide you with any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Advertisements. This Website may include advertisements, which may be targeted to the content or information on this Website, queries made through this Website, or other information. The types and extent of advertising by ADA on this Website is subject to change. In consideration for ADA granting you access to and use of this Website, you hereby acknowledge and agree that ADA, any of its third party providers and partners may place or send you any form of advertisement (as defined below), on this Website or in connection with, or based on the display of content by you, or information from this Website whether submitted by you.
Restrictions on Use. You shall use this Website in accordance with the terms of this Agreement, and shall not: (a) decompile, reverse engineer, disassemble, attempt to
derive the source code of, or decrypt this Website; (b) make any modifications, adaptation, improvement, enhancement, translation, or derivative work from this Website; (c) violate any applicable laws, rules, or regulations in connection with your access or use of this Website; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of ADA or its affiliates, partners, suppliers or the licensors of this Website; (e) use this Website for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) use this Website for creating a product, service, or software that is directly, or indirectly, competitive with or in any way a substitute for any contents, product, or software offered by ADA; (g) use this Website to send automated queries to any website or device or to send any unsolicited commercial e-mail; or (h) use any proprietary information or interfaces of ADA or other intellectual property of ADA in the design, development, manufacture, licensing, or distribution of any this applications, accessories or devices for use with this Website.
“User Content” means any and all information and content that you, or a User submits to, or uses with regards to, this Website, including but not limited to, content in the User’s Feedback and Correspondence (as defined below).
You are solely responsible for your User Content and you assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as defined below). You shall not state or imply that your User Content is in any way provided, sponsored or endorsed by ADA. You further acknowledge and agree that you alone, are accountable and responsible for your User Content, and you may expose yourself to liability under this Terms or laws and regulations governing your use of this Website. ADA is not responsible or obligated to backup any User Content and User Content may be deleted at any time. You hereby acknowledge and agree that you are solely responsible for creating backup copies of your User Content if you so desire.
If you provide us any feedback, reviews and recommendation or suggestions regarding this Website (“Feedback and Correspondence“), you hereby agree that we will have the right to use or share such Feedback and Correspondence and related information in any manner it deems this appropriate. We shall treat any Feedback and Correspondence you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Users. Each User is solely responsible for any and all of its User Content and because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
ADVERTISEMENTS AND INTERACTIONS
Advertisements & Third-Party Sites. This Website contain advertisements and may contain links to third party websites and contents (“Third Party Sites“). Such advertisements and Third Party Sites are not under our control and we are not responsible for any advertisements, Third Party Sites or any products or contents promoted in or on such advertisements and Third Party Sites. This Website provides these advertisements and access to Third Party Sites only as a convenience and does not warrant or make any representations with respect to the advertisements and Third Party Sites. Your use all the advertisements and Third Party Sites, and the products and contents promoted in or on the advertisements and Third Party Sites at your own risk. When you access a link to a Third Party Site, you acknowledge and agree that you may be subjected to a separate terms and policies, or the applicable third party’s terms and policies and you acknowledge and agree that you may be required to abide by those terms, including the third party’s privacy practices and acceptable use policies. You acknowledge and agree that you are responsible to make any investigation you feel necessary or this appropriate before proceeding with any transaction in connection with such advertisements and Third Party Sites and your interactions with the advertisers and any third parties in respect of the advertisements and Third Party Sites within or outside this Website is solely between you and such advertisers and third parties. You hereby acknowledge and agree that ADA will not be responsible for any direct and indirect loss or damage incurred as the result of such interactions. You further acknowledge and agree that if there is any dispute between you and such advertisers and third parties, we are under no obligation to assist, mediate or otherwise responsible for such dispute and resolutions related thereto. In addition, we hereby reserve the right to restrict access to any advertisements and Third Party Sites, including the right to limit the number and type of advertisements that are delivered to you through this Website without providing any reason.
LICENCE AND INTELLECTUAL PROPERTY
Ownership. Excluding your User Content, you acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in this Website is, unless otherwise expressly stated or prohibited, owned by us or our licensors, or otherwise assigned or licensed to us. The provision of this Website does not transfer to you or any third party, any rights, title or interest in or to such intellectual property rights. ADA reserve all rights not granted in this Agreement or rescinded the rights make available for use in this Website. The proprietary software associated with this Website, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by us or our licensors. In addition, this Website, including all software, any contents, inventions, technology, products, contents and data provided to, on or through this Website, are, unless otherwise expressly stated or prohibited, owned by us or our licensors, or otherwise assigned or licensed to us by you, and are protected under the relevant copyright, patent, trademark and/or other intellectual property laws and thereafter incorporated as a valuable information of ADA, and are the exclusive property of ADA.
Licence. Subject to the terms of this Agreement, ADA grants you a limited, personal, revocable, non-sub-licensable, non- transferable, non-exclusive, license to use this Website for your personal, non-commercial use. Subject to the aforesaid provision above, this Agreement does not transfer from ADA to you, any ADA or third party, intellectual property rights, and any rights, titles and interest in, to and under such property will remain solely with ADA or such third party, as the case may be. ADA, ada-asia.com, the ADA logo, and all other copyrights, trademarks, service marks, graphics and logos used or displayed in connection with this Website, any advertisements or Third Party Site, are copyrights, trademarks or registered trademarks of ADA or any relevant third parties. Your use of this Website does not grant you any right or license to reproduce or otherwise use any ADA or third party intellectual property rights.
License for User Content. You hereby grant, and you represent and warrant that you have the right to grant, to ADA an irrevocable, non-exclusive, royalty-free and fully paid, worldwide sub-licensable licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of including your User Content in this Website and to use the User Content for any purposes. You hereby acknowledge and agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You agree that you shall NOT post or share any Feedback and Correspondence that:
1. impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
2. violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
3. promotes discrimination, hatred or harm against any individual or group;
4. is a direct and specific threat of violence to others;
5. is defamatory, obscene or pornographic;
6. is furtherance to illegal activities; or
7. is harassing, abusive, or constitutes spam.
ACCEPTABLE USE POLICY
The following sets forth this Website’ “Acceptable Use Policy“:
1. you agree not to use this Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any intellectual property rights, trade secret, moral right, privacy right, right of publicity, or any other proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful
to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
2. In addition, you agree not to use this Website to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to this Website or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to this Website, other computer systems or networks connected to or used together with this Website, through password mining or other means; (vi) harass or interfere with another User’s use and enjoyment of this Website; or (vi) introduce software or automated agents or scripts to this Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from this Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Enforcement. We reserve the right, without undertaking any liabilities or obligations to indemnify you or any third party, to review any User Content, investigate, and/or take this applicable action against you in our sole discretion if you violate the law, the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, restricting your access to this Website and/or reporting you to law enforcement authorities.
YOU ACKNOWLEDGE AND AGREE THAT USE OF WEBSITE ARE ENTIRELY AT YOUR OWN RISK. WEBSITE ARE PROVIDED ‘AS-IS’ AND ‘AS AVAILABLE’ AND WE (AND OUR SHAREHOLDERS, COMPANIES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND AGENTS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ENDORSEMENTS AND UNDERTAKINGS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH WEBSITE AND/OR YOUR USE THEREOF, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR COMPLETENESS OF WEBSITE AND/OR ADA’S CONTENT OR THE CONTENT OF ANY PRODUCTS OR CONTENTS DISPLAYED, LINKED TO, OR INTEGRATED WITH WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY ADVERTISEMENTS AND THIRD PARTY SITES’ CONTENT), OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE (AND OUR LICENSORS, SUPPLIERS AND ANY THIRD PARTY) MAKE NO WARRANTY THAT WEBSITE (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS AND WITHOUT OMISSIONS, OR (C) WILL BE ACCURATE, RELIABLE, OR SECURE. WE FURTHER DISCLAIM THAT WEBSITE WILL BE FREE OF VIRUSES, BUGS, MALWARE, ADWARE, TROJAN HORSES OR OTHER HARMFUL CODE WHICH MAY BE TRANSMITTED TO OR THROUGH WEBSITE BY ANY THIRD PARTY, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEBSITE, ANY UNAUTHORISED ACCESS TO OR USE OF WEBSITE, YOUR ADA ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEBSITE, ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH WEBSITE OR OTHERWISE), OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE. ADA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, CONTENTS OR OPPORTUNITY ADVERTISED OR OFFERED BY AN ADVERTISER OR THIRD PARTY THROUGH WEBSITE, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR CONTENTS, AND ADA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY POINT OF SALE CONTENTS, ADVERTISERS OR OTHER THIRD PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH WEBSITE). NO OPINION, ADVICE, OR STATEMENT OF ADA, WHETHER MADE ON THIS WEBSITES OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR SMARTPHONE AND DEVICE THIS APPLICATION, OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT, OR DEVICE INSTALLED ON OR USED FOR THIS WEBSITE, AND IN CONNECTION WITH YOUR SMARTPHONE AND DEVICE THIS APPLICATION OR ANY OTHER DEVICE, SOFTWARE, COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING INFORMATION THROUGH THE USE OF WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE (AND OUR SHAREHOLDERS, COMPANIES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE NATURE OF THE ACTION, ARISING DIRECTLY OR INDIRECTLY, FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE YOUR USE OF WEBSITE BY CLOSING YOUR ADA ACCOUNT. THESE LIMITATIONS SHALL WEBSITELY TO THE FULLEST EXTENT PERMITTED BY LAW. BY REGISTERING A ADA ACCOUNT OR DOWNLOADING, INSTALLING, ACCESSING, OR USING WEBSITE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF WEBSITE.
Indemnification. You agree to indemnify and hold us (and our shareholders, officers, employees, suppliers, licensors and agents) harmless, including costs and attorneys’ fees (on a solicitor-client basis), from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, legal fees on a solicitor-client basis) made by any third party due to or arising out of or in connection with, actual or alleged, (a) your use of this Website, (b) your User Content, (c) your violation of this Agreement, (d) your violation of any third party right including, intellectual property rights, trade secret, publicity or privacy rights, or (e) your violation of this applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Release. You hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, your use of this Website and any interactions with, or act or omission of, ADA.
TERM AND TERMINATION
Subject to the terms herein, this Agreement will remain in full force and effect while you use this Website. We may (a) suspend your rights to use this Website or (b) vary or terminate this Website and/or terminate this Agreement, at any time for any reason at our sole discretion, including for any use of this Website in violation of this Agreement without prior notification. Upon termination of this agreement, your right to access and use this Website will be terminated immediately.
We will not have any liability whatsoever to you for any variation or termination of this Agreement and/or this Website, including for deletion of your User Content. Upon
termination of this Agreement, the provisions of this Agreement which deals with termination and post-termination terms, rights and obligations shall survive and remain in effect (including terms by their very nature is meant to survive and remain in effect).
OTHER APPLICABLE TERMS
Mobile and Internet Contents. Whenever you utilise this Website, you agree to receive this Website on the device you designate for such purposes and understand that your wireless or internet contents provider’s standard text, short or multimedia messaging contents and data rates may this apply to these contents. By using this Website, you agree to be responsible for any applicable and ancillary fees that we may impose or that are incurred as a result of your use of this Website or in connection with any advertisements or Third Party Sites. You hereby represent and warrant that you are the owner or authorised User of any smartphone or other wireless device that you use to access this Website, and that you are authorised to approve all associated and relevant charges.
Modification. We reserve the right, at any time, to vary, modify, suspend, or discontinue this Website or any part thereof without notice. You hereby acknowledge and agree that ADA will not be liable to you or to any third party for any modification, suspension, or discontinuance of contents or any part thereof.
Compatibility. ADA do not warrant that this Website will be compatible or interoperable with your smartphone and device this application, or any other piece of hardware, software, equipment, or device installed on or used for this Website, and in connection with your smartphone and device this application. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your smartphone and device this application to diminish or fail completely, and may result in permanent damage to your smartphone and device this application, loss of the data located on your smartphone and device this application, and corruption of the software and files located on your smartphone and device this application. You acknowledge and agree that ADA and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with this Website.
Taxes. You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with your use of this Website, advertisements or Third Party Sites or otherwise in connection with any action, inaction or omission by you and to collect, withhold, report, and remit correct taxes to the this applicable tax authority, and to otherwise be responsible for the collection and payment of any and all taxes. You agree that we are not responsible to collect, report, or remit any taxes arising from or related to your use of this Website.
Third Party Terms. You agree that in addition to the Agreement, your use of the this Website is subject to the usage rules set forth in this any other third party platform, developer or distributor end user licensing agreements and/or terms and conditions by which you agree to be bound when you download this Website or otherwise access this Website.
Updates and Changes. From time to time, this Website may automatically download and install, or may prompt you to download and install updates from ADA. These updates are designed to improve, enhance and further develop this Website in the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit ADA to deliver these to you) as part of your continued use of this Website. You understand that your refusal to download and install updates may cause your access to this Website to be disabled. You acknowledge and agree that the form, features and/or nature of this Website which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing this Website, or support or upgrades for this Website, at any time. Such new features and/or contents shall be subject to the Terms. We may also introduce new contents, modify or eliminate existing contents, modules or features of this Website and your sole and exclusive remedy, and our sole liability, in connection with any such change, modification or elimination is to terminate your account with us. Your continued use of or access to this Website following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.
General. This Agreement constitutes the entire agreement between you and us regarding the use of this Website. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles of this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or the unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ADA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees. We may assign or novate this Agreement to another entity upon or without notification via this Website, upon which this Agreement shall be between you and such assigned or novated entity. No term of this Agreement is enforceable by a person who is not a party to this Agreement. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. This Agreement is governed by the laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or this Website shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
In the event that the law of territory of which you reside in, or use this Website from, does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysian court is unenforceable in such territory, any disputes shall be exclusively resolved by arbitration under the rules of the Asian International Arbitration Centre (“AIAC”) in force as at the date of this application for arbitration (“AIAC Rules”) and the AIAC Rules are hereby incorporated by reference into this Agreement. The arbitration shall be conducted before a sole arbitrator this appointed by the Chairman of AIAC. The seat, or legal place of arbitration, shall be Kuala Lumpur, Malaysia and the language of the arbitration shall be English. All documents submitted in connection with the proceedings shall be in the English language, or, if in another language, accompanied by an English translation. The arbitration award rendered shall be in writing and shall set out the reasons for the arbitrator’s decision. The award shall apportion the costs of the arbitration as the arbitrator deems fair and each party hereby acknowledge and agree that the arbitration award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction. Without prejudice to the above provisions, either party may seek injunctive relief, including restraining orders and preliminary injunctions, in any court of competent jurisdiction, and either party may request that a court refers the proceedings to arbitration in accordance with this Agreement.