19.4 Notices; Process. A party that intends to seek arbitration must first send written notice of the dispute to the other party, by registered mail or Federal Express (signature required), or, if we do not have a physical address stored for you, by email (“Notice”). Docker`s address for the notice is: Docker, Inc., 318 Cambridge Ave, P.O. Box 61180, Palo Alto, CA 94306. The notice must: (a) describe the nature and basis of the claim or dispute; and (b) set out the remedy specifically sought (“Claim”). We agree to make a good faith effort to resolve the claim directly, but if we fail to reach an agreement within 30 days of receiving the notice, you or Docker may initiate arbitration. During the arbitration, the amount of any settlement offer made by you or Docker may not be communicated to the arbitrator until the arbitrator has rendered a final decision and, if applicable, an arbitral award. If our Dispute is ultimately resolved by arbitration in your favour, Docker will pay you the greater of: (i) the amount awarded by the arbitrator, if any; (ii) the last amount of written settlement offered by Docker to resolve the dispute prior to the arbitrator`s award; or (iii) $1,000. The new terms went into effect on August 31, but Docker gave developers a grace period until January 31, 2022 to comply with the new service agreement and purchase a paid subscription if needed. Developers can choose between Docker Pro, Docker Team, and Docker Business subscriptions. “Pricing Page” means the Pricing and Subscriptions page, which contains a description of the level of offer of the Service, as set out in www.docker.com/pricing. “Privacy Policy” means Docker`s privacy policy that applies to the Service and is set forth in www.docker.com/legal/docker-privacy-policy including the Data Processing Agreement in www.docker.com/legal/data-processing-agreement.
For clarity, only DMCA notifications should be sent to docker`s designated copyright agent. Any other feedback, comments, technical support requests or other communication should be addressed to Docker through support@docker.com. 19.1 General. In the interest of resolving any dispute between you and Docker in the fastest and most cost-effective manner, you and Docker agree that any dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a trial in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited disclosure than in court, and may be subject to very limited review by the courts. Arbitrators may award the same damages and remedies that a court may award. Our Dispute Resolution Agreement covers all claims arising out of or related to any aspect of these Terms, whether in contract, tort, law, fraud, misrepresentation or any other legal theory, and whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND DOCKER EACH WAIVE THE RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. You are solely responsible for your involvement and interactions with other users of the Service. Docker reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with other users of the Service, you irrevocably and forever release Docker`s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from and against any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU RESIDE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “GENERAL INDEMNITY DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT EXISTS IN ITS FAVOR AT THE TIME OF PERFORMANCE OF THE INDEMNITY, WHICH, IF KNOWN TO THE CREDITOR, MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR.” Visit us at DockerCon2022 on Tuesday, May 10. DockerCon is a free one-day virtual event that provides a unique experience for developers and development teams developing the next generation of modern applications. If you want to learn how to quickly move from code to the cloud and solve your development problems, DockerCon 2022 offers engaging live content to help you build, share, and run your apps. .