Arbitration Agreement With Class Action Waiver Sample Clauses

Arbitration Agreement With Class Action Waiver. You or we may elect to arbitrate Claims. You and we agree that if we have a Claim against you or you have a Claim against us, or any of our agents, successors, assigns, affiliates, owners, officers, directors, employees, or representatives, then the person or entity asserting the claim or against whom the claim is asserted may elect to have such Claim(s) resolved by arbitration on an individual basis as provided below, and not by a judge or jury in court. The party electing arbitration agrees to notify the other party of its election pursuant to applicable rules of arbitration or as otherwise provided by law. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the Claim(s) to select an arbitration administrator in accordance with this Arbitration Agreement and start the arbitration proceeding in accordance with the administrator’s rules and procedures. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement. What is arbitration? Arbitration is a procedure used to resolve disputes. By participating in arbitration, YOU GIVE UP YOUR RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. In an arbitration proceeding, a professionally trained, neutral, third party arbitrator holds a hearing. The hearing is less formal than a trial in court. Each party has the opportunity to tell his or her side of the dispute. The arbitrator will review each party's case and make a decision. The decision is binding on the parties. What is a “Claim?” “Claims'' means any and all claims, disputes or controversies that arise under common law, federal or state statute or regulation, local ordinance or otherwise, and that we or our servicers or agents have against you or that you have against us, our affiliates, servicers, agents, successors, assigns, representatives, directors, officers and employees. This Arbitration Agreement is also binding upon and may be enforced by any third party who is named as a co-defendant in...
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Arbitration Agreement With Class Action Waiver. You agree that any and all claims arising from or relating to this Agreement and/or the relationship between you and FOF shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes but is not limited to claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, FOF, and other providing or receiving any product or service related to this Agreement or your membership or relationship with FOF. A single Arbitrator shall decide all claims and shall render a final, written decision. You agree that the dispute shall be referred to the American Arbitration Association ("AAA") for arbitration in accordance with the FAA and AAA Rules of Commercial Arbitration, which may be found at ▇▇▇.▇▇▇.▇▇▇. Unless otherwise agreed by the parties, the arbitration shall take place in the state where the Agreement is signed and the substantive law of that state shall apply, except that this arbitration provision shall be governed by the FAA. Each party to the arbitration shall pay its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. Nothing in this provision shall be construed to prevent the parties from agreeing to have any disputes, where eligible, adjudicated in a small claims court.
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Arbitration Agreement With Class Action Waiver 
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Related to Arbitration Agreement With Class Action Waiver

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Arbitration Agreement ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS BETWEEN SPARTAN AND YOU OR YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, OR WITH RESPECT TO (i) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (ii) THE RELATIONSHIP OF THE PARTIES HERETO, OR (iii) ANY CONTROVERSY ARISING OUT OF YOUR BUSINESS SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR FINRA ARBITRATION RULES. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. IF YOU ARE A PARTY TO SUCH ARBITRATION, TO THE EXTENT PERMITTED BY THE RULES OF THE APPLICABLE ARBITRATION TRIBUNAL, THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK. THE DECISION AND AWARD OF THE ARBITRATORS(S) SHALL BE CONCLUSIVE AND BINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK, OR ANY OTHER COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY.

  • Dispute Resolution Mandatory Arbitration Class Action Waiver SAMPLE (a) Claims Subject to Arbitration. Except as expressly provided below, the parties agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement or a similar prior agreement, the Property or the relationship between Resident and Owner or Manager (including matters occurring prior to the date of this Agreement and disputes also involving third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability.

  • CLASS ACTION AND JURY TRIAL WAIVER Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing