Governing Law & Jurisdiction
Legal framework, dispute resolution, and jurisdictional guidelines for CyberVault services and agreements.
1. Governing Law
These Terms of Service, including any governing law provisions, and any disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.
By using CyberVault's services, products, or platforms, you acknowledge and agree that the laws of Delaware shall exclusively apply to interpret, enforce, and adjudicate any matters related to your relationship with CyberVault.
2. Jurisdiction & Venue
Subject to the dispute resolution mechanisms outlined below, you and CyberVault expressly consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, New Castle County, Delaware.
Both parties waive any objection to personal jurisdiction and venue in these courts, including but not limited to objections based on forum non conveniens. CyberVault reserves the right to bring proceedings against you for breach of these terms or infringement of intellectual property in any jurisdiction.
3. Dispute Resolution
Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these terms through good-faith negotiations. Either party may request such negotiations in writing, and the other party shall respond within fourteen (14) business days.
If the dispute cannot be resolved through direct negotiation within thirty (30) days, it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and shall be conducted by a single arbitrator. Judgment on the award may be entered in any court having jurisdiction thereof.
4. Class Action Waiver
Except as otherwise required by applicable law, you agree that any arbitration or legal proceeding under these terms shall be conducted solely on an individual basis. You expressly waive your right to participate in a class action lawsuit, consolidated lawsuit, or representative action against CyberVault. This waiver applies to both class arbitrations and class court proceedings.
5. Severability
If any provision of this Governing Law section, or its application to any person or circumstance, is held to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not render this section invalid or unenforceable. The remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
6. International Services
For clients located outside the United States, CyberVault shall comply with all applicable local data protection, privacy, and cybersecurity regulations, including but not limited to GDPR, CCPA, and industry-specific frameworks. However, the governing law and jurisdiction specified in this section shall remain applicable to all service agreements, licensing terms, and commercial contracts executed with CyberVault, unless explicitly modified in writing by authorized legal representatives of both parties.