Both you and Forever 21 agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect before one arbitrator to be mutually agreed upon by both parties.
Marketing automation creates relevant content and messaging at scale across many channels. Send email messages with dynamic content that personalizes far beyond sticking a customer’s first name in the subject line. Integrate mobile messaging with your email and social campaigns through SMS/MMS, push notifications, and group messaging. Generate digital ads that appear for the right person at the right time. Plus, recommend the right products on your website for each individual user — automatically.
Let’s take a few examples. A global software technology company, for example, has hundreds or thousands of sales reps who need to have visibility to their key accounts and contacts within those key accounts. They manage the contact database and contact strategy with a sales force automation tool, which focuses on improving the productivity of the sales organization. But what about the marketing arm of that company? The job of the marketing department is to generate, nurture, evaluate and follow up on leads, which they then pass off to the sales force automation system when the leads become sales-ready. The system that’s responsible for generating, nurturing, classifying and scoring those leads would be the marketing automation system, and it’s owned and run by the marketing department.