Common use of ARBITRATION AND WAIVER OF CLASS ACTION Clause in Contracts

ARBITRATION AND WAIVER OF CLASS ACTION. YOU AND WE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS ▇▇▇▇, THE DEXTERPAY PRIVACY POLICY, AND/OR THE MOBILE APP SHALL BE FINAL AND BINDING ARBITRATION. YOU EXPRESSLY WAIVE AND GIVE UP ANY RIGHT TO BRING A CLASS ACTION, ACT AS A CLASS REPRESENTATIVE, OR SEEK TO JOIN OTHER CLAIMS OF OTHER PARTIES, IN ANY ARBITRATION PROCEEDING. The foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, one (1) arbitrator shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to consumer disputes (“Rules of the AAA”). The arbitration will be held in Linn County, Iowa, and will be conducted according to the Rules of the AAA. These Terms, the Privacy Policy and the arbitration shall be governed by the Federal Arbitration Act, and the laws of the State of Iowa without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.

ARBITRATION AND WAIVER OF CLASS ACTION. YOU AND WE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS ▇▇▇▇You and the Bank agree that we will attempt to informally settle any and all legal claims. If a legal claim cannot be resolved informally, THE DEXTERPAY PRIVACY POLICYthen you agree that any and all legal claims that are threatened, AND/OR THE MOBILE APP SHALL BE FINAL AND BINDING ARBITRATION. YOU EXPRESSLY WAIVE AND GIVE UP ANY RIGHT TO BRING A CLASS ACTIONmade, ACT AS A CLASS REPRESENTATIVEfiled or initiated (even if the legal claims arise out of, OR SEEK TO JOIN OTHER CLAIMS OF OTHER PARTIESaffect or relate to conduct that occurred prior to the date you opened your account), IN ANY ARBITRATION PROCEEDING. The foregoing shall not prevent us from seeking injunctive relief in a court shall, at the election of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitrationyou or us, one (1) arbitrator shall be chosen under the then current Rules of resolved by binding arbitration administered by the American Arbitration Association (“AAA”) pertaining in accordance with its rules applicable to consumer disputes the legal claim at issue (“Rules”), whether such legal claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at ▇▇▇.▇▇▇.▇▇▇, or a copy of the AAA”Rules can be obtained at any bank branch upon request. Either you or we may elect to resolve a particular legal claim through arbitration, even if one of us has already initiated litigation in court related to the legal claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR LEGAL CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR LEGAL CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). The This arbitration will be held in Linn County, Iowa, and will be conducted according to the Rules of the AAA. These Terms, the Privacy Policy and the arbitration agreement shall be governed by interpreted and enforced in accordance with the Federal Arbitration Act, and the laws Act set forth in Title 9 of the State U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of Iowa without regard to its conflicts the origin or nature of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited hereinclaims at issue.