14.6 No agency. To avoid any doubt, we enter into this agreement as a senior agent and not as an agent for other salesforce.com company. Subject to an authorized assignment under Section 15.9 (Cession), our obligations under this Agreement are due to us and the obligations you owe under this Agreement are exclusively ours. 14.4 Arbitration for customers residing in America. If you reside in a country where the arbitration procedure under section 14.1 (Generally) above is designated as an exclusive dispute resolution forum, any dispute, claim or controversy arising from that agreement or the violation, termination, performance, interpretation or validity of that agreement is determined by confidential and binding arbitrations in San Francisco. CA in front of a single arbitrator. The language to be used in arbitration is English. The arbitration procedure is managed by JAMS in accordance with its detailed arbitration rules and procedures and in accordance with the expedited procedures provided for by these rules. The judgment on the arbitration award can be filed in any competent court. The parties undertake to keep confidential all disputes arising from this agreement, unless necessary in the context of a legal challenge or the execution of an arbitration award, or anything else is required by law or by the courts.
The arbitrator may give the order to treat all information relating to these proceedings, including the award, as confidential information in the context of this agreement. Notwithstanding the above, any party may apply for a fair exemption to protect its interests (including, but not limited to, requests for omission) or file an application for non-payment before a competent court, and intellectual property or infringement issues can only be decided by a competent court and not by arbitration proceedings. If we provide you with one of our products and services as part of a free trial version, these products and services are considered “services” in accordance with this agreement, including this section 13, even if the products and services are not listed in an order form, regardless of the “Services” definition in Section 1 (definitions). Such a free trial version expires earlier from (a) the end of the free trial period, (b) the start date of all subscriptions you purchased for these services, or (c) termination by us at our sole discretion.