Common use of Arbitration Procedures Clause in Contracts

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 12 contracts

Sources: Residential Services Subscriber Agreement, Residential Services Subscriber Agreement, Residential Services Subscriber Agreement

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 9 contracts

Sources: Business Service Order Agreement, Business Services Customer Terms and Conditions, Business Services Customer Terms and Conditions

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 9 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Deposit Account Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you This Arbitration provision is governed by the Company concerns interstate commerce, the Federal Arbitration Act Act, 9 U.S.C. §§ 1-16 ("the “FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal Virginia law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceedingextent state law is relevant under the FAA. If there The administrator’s rules that are in effect when a Claim is a filed will apply unless those rules conflict between with this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeprovision. The arbitrator will honor claims apply applicable substantive law, consistent with the FAA, statutes of privilege recognized by applicable law limitations and will take reasonable steps to protect Customer account information and other confidential or proprietary informationprivileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence. Subject to the Limitations on Arbitration section above, the arbitrator may award any relief available in court on an individual basis claim consistent with the constitutional standards applicable in judicial proceedings. The arbitration will be confidential, but you may notify any relief that would government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be available in conducted solely based on documents, through a courttelephonic hearing or by an in- person hearing. At any party’s request, including injunctive or declaratory relief and attorneys' fees. (iv) The the arbitrator will make any award in writing but need not provide offer a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a brief written notice of appeal filed within thirty (30) days from the date of entry explanation of the written arbitration award. The members of the three-arbitrator panel arbitrator’s award will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to the Arbitration provision. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the award. Arbitration hearings will take place by telephone or in the federal judicial district where you live. ARBITRATION FEES AND COSTS You will be responsible for paying your share of any arbitration fees (including filing, administrative, arbitrator hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional Arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees. INSTRUCTIONS FOR REJECTING ARBITRATION You may reject this Arbitration provision. To do so, you must send a written notice to us stating that you reject arbitration. Your rejection notice must be signed by you and include your name, address and Account number. Your letter notifying us that you reject this Arbitration provision must be postmarked within 60 days of the Account Opening Date. If you do not know your Account Opening Date, please call the number listed on the back of your card to obtain the date. You must mail your rejection notice to HSBC Bank, N.A. ▇.▇. ▇▇▇ ▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. This is the only way that you can reject this Arbitration provision. If you reject this Arbitration provision, all other parts of the Agreement will continue to apply. Rejecting this Arbitration provision has no effect on any other agreements.

Appears in 7 contracts

Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Section is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between extent enforceable under the FAA) this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision Section shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 7 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Kladot Visa Commercial Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 7 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1- 16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 6 contracts

Sources: User Agreement, Mygenesis Wallet Agreement, Mygenesis Wallet Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"), not state . The arbitration law, shall govern be governed by the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply Code except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 4 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 4 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company ▇▇▇▇▇▇ concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company ▇▇▇▇▇▇ may apply to and toand govern the substance of any Disputes. No state arbitration statute shall apply statutes pertaining to the arbitration proceedingarbitrationshall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute yourdispute with the Company▇▇▇▇▇▇. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition mutuallypetition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this betweenthis Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall Provisionshall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 3 contracts

Sources: Service Agreement, Service Agreement, Service Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such a request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within thirty (30) the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) 120 days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 3 contracts

Sources: Movo Digital Bank Account and Debit Mastercard Agreement, Movo Digital Bank Account and Debit Mastercard Agreement, Movo Digital Bank Account and Debit Mastercard Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you This Arbitration Provision is governed by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims apply applicable substantive law, statutes of privilege recognized limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, except for disclosures of this information by the Bank or you required in the ordinary course of business, by applicable law and will take reasonable steps or regulation or to protect Customer account information and other confidential the extent necessary to exercise any judicial review rights set forth in this Agreement. You or proprietary information. The arbitrator we may award on an individual basis notify any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement government authority of reasons unless requested by a party the Claim as permitted or required by applicable law. An award granted If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator may will provide a brief written explanation of the award. The arbitrator’s award will be enforced final and binding, subject to each party’s right of appeal as stated in any court with appropriate jurisdiction over this section and/or to challenge or appeal an arbitration award pursuant to the parties. (v) If FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award granted by the arbitrator exceeds $75,000, either party may appeal that award to is issued. The parties will select a three-arbitrator panel administered by the same selected arbitration organization to decide anew, by a majority vote based on written notice of appeal filed within thirty (30) days from the date of entry submissions, any aspect of the written arbitration awarddecision objected to. The members of the three-arbitrator panel appeal will be selected according otherwise proceed pursuant to the rules of the arbitration organization's appellate rules. Judgment upon any award may be entered into in any court having jurisdiction. The arbitration organization hearing will then notify take place in New York, New York, but you may select to move the other party that arbitration hearings to the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days federal judicial district of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAAyour residence.

Appears in 3 contracts

Sources: Business Checking Account Agreement, Business Checking Account Agreement, Business Checking Account Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Terms and Conditions of Service, Terms and Conditions of Service

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Crosswind concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) Customer receives the Service from the Company Crosswind may apply to and govern the substance of any Disputes. No state statue pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyCrosswind. If this situation arises, the parties Parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties Parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision Agreement shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesParties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may part can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award ▇▇▇▇ has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.Provision (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Residential Services Subscriber Agreement, Residential Services Subscriber Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the date of arbitration (or any appeal thereof), the appealing party's notice of arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). The decision of If and to the three-arbitrator panel shall be final and bindingextent you incur filing, except administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you This Arbitration Provision shall be governed by the Company concerns interstate commerce, the Federal Arbitration Act Act. Arbitrations shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures ("FAA"), not state arbitration law, shall govern the arbitrability “JAMS Rules”) as modified by the version of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and that is in effect when you notify Glenmede about your Dispute. You can obtain the rules of JAMS Rules from the arbitration organization, this Arbitration Provision shall governJAMS by visiting its website (▇▇▇.▇▇▇▇▇▇▇.▇▇▇) or calling its toll-free number (▇-▇▇▇-▇▇▇-▇▇▇▇). If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Glenmede agree otherwise, any arbitration hearing will take place in Philadelphia, PA. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) If an award granted by parties only if necessary for purposes of enforcing the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration arbitrator’s award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party An arbitrator’s award that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel fully satisfied shall not be final and binding, except for entered in any appellate right which exists under the FAAcourt.

Appears in 2 contracts

Sources: Terms of Use, Terms of Use

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (ii) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the CompanyDispute. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Xfinity Home Control Services Agreement, Xfinity Home Control Services Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgm ent upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U. S. C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization; which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Choctaw Nation Prepaid Grant Cardholder Agreement, Chickasaw Nation Grant Card Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you Company by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive Company receives the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Company’s dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Commercial Internet Service Agreement, Commercial Internet Service Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry organization, which shall consider anew any aspect of the written arbitration awardinitial award objected to by the appealing party. The members appealing party shall have thirty Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the three-arbitrator panel will be selected according to federal judicial district of your primary residence. At the rules conclusion of the arbitration organization(or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). The arbitration organization If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will then notify reimburse you to that extent unless the other party arbitrator (or panel) determines that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for fees were incurred without any appellate right which exists under the FAAsubstantial justification.

Appears in 2 contracts

Sources: Bausch + Lomb® Horizon Rewards Visa® Incentive Card or Virtual Account Agreement, Account Holder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within thirty (30) the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) 120 days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Movo Digital Bank Account and Debit Mastercard Agreement, Movo Digital Bank Account and Debit Mastercard Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U. S. C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive ▇▇▇▇▇▇▇▇▇ receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Business Services Customer Terms and Conditions

Arbitration Procedures. (i) Because the Service(s) service provided to you by the Company Packerland concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability arbitration of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company Packerland may apply to and govern the substance of any Disputes. No Any state arbitration statute statutes pertaining to arbitration, however, shall apply to the arbitration proceedingnot be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organizationorganization chosen, this Arbitration Provision shall govern. If the AAA arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyPackerland. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization a service that will enforce this Arbitration the Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,00025,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Service Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the The Federal Arbitration Act ("FAA"), not state arbitration law, shall will govern the arbitrability of all Disputes. However, applicable federal law or the Georgia law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No Any state statutes pertaining to arbitration statute shall apply to the arbitration proceedingnot be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organizationapplicable AAA rules, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Buyer’s dispute with the CompanySeller. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . Seller will bear the costs and attorneys' fees associated with such a petition. If there is a conflict between this Arbitration Provision and the rest other provisions of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator chosen by the AAA will resolve the Dispute. Buyer should know that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In addition to any relief other procedures set up by the AAA rules or the arbitrator, the parties agree that would any information disclosed during discovery that has been designated as confidential or propriety shall remain in the exclusive physical custody, protection, and control of the Buyer or its attorneys, shall not be available in a courtdistributed or disseminated to any other persons, and shall be returned, including injunctive or declaratory relief and attorneys' fees. (iv) all copies thereof, to Seller within 30 days after conclusion of any arbitration proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Consolidated Billing Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by as law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Safe Visa Gift Card Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final andbinding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and bindingto the extent you incur filing, except administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Deposit Account Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Disclosure is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U. S. C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between extent enforceable under the FAA) this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision Disclosure shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitration organization will appoint a three- arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Prepaid Visa Corporate Gift Card Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) service provided to you by the Company Astrea concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability arbitration of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company Astrea may apply to and govern the substance of any Disputes. No Any state arbitration statute statutes pertaining to arbitration, however, shall apply to the arbitration proceedingnot be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organizationorganization chosen, this Arbitration Provision shall govern. If the AAA arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyAstrea. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization a service that will enforce this Arbitration the Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,00025,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Service Agreement

Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (ithe "AAA") Because or JAMS. The arbitration shall be conducted by a neutral arbitrator in accordance with the Service(s) provided to you by AAA’s then-current Consumer Arbitration Rules and procedures (collectively, “the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"AAA Rules”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply according to the then-current rules and procedures of JAMS, as applicable. For information on the AAA, please visit its website, ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration proceedingpage, ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/consumer. Information on JAMS can be found here, ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇. If there is a conflict any inconsistency between any term of the AAA Rules (or JAMS rules, as applicable) and any term of this Arbitration Provisions, the applicable terms of this Arbitration Provision and will control unless the rules arbitrator determines that the application of the arbitration organization, this inconsistent Arbitration Provision shall govern. If the AAA will terms would not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on result in a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputefundamentally fair arbitration. The arbitrator will honor claims must also follow the provisions of privilege recognized by applicable law the Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and will take reasonable steps to protect Customer account information arbitrability of this Arbitration Provision. Although arbitration proceedings differ from trials and other confidential or proprietary information. The judicial proceedings, the arbitrator may can award the same damages and relief on an individual basis any relief that would be available in a court, including injunctive or declaratory relief court can award to an individual under the Agreement and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted Decisions by the arbitrator are enforceable in court and may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization overturned by a written notice of appeal filed within thirty (30) days from court only for very limited reasons. Unless the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according parties to the rules arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. JAMS requires that you have the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The threeright to an in-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAAperson hearing in your hometown area.

Appears in 1 contract

Sources: Checking Account Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you Company by the Company Infostructure concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive Company receives the Service(s) Service from the Company Infostructure may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Company’s dispute with the CompanyInfostructure. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-three- arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: General Commercial Terms and Conditions of Service

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.protect (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Residential Services Subscriber Agreement

Arbitration Procedures. (i) Because If, in the Service(s) provided sole judgement of the Contractor, the controversy, dispute or claim is principally between the Contractor and Subcontractor and does not involve the Owner, then such controversy, dispute or claim between the Contractor and Subcontractor shall be determined as hereinafter provided: If any party has a claim, dispute, or any other unresolved matter written notice of the claim, dispute or other matter in question must be given to you the other party as a precondition to proceeding with any claim against that party. Such written notice must be given within a reasonable time after party is aware of claim, dispute or other matter. 17.2.1 All claims, disputes and other matters in question between the Subcontractor and the Contractor arising out of or related to the Subcontract Agreement or the breach thereof, except as specifically governed by the Company concerns interstate commerceforegoing provisions, and except for claims which have been waived by the making and acceptance of final payments, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining at the sole option of the Contractor. If a demand for arbitration is filed by the Subcontractor, the Federal Arbitration Act ("FAA"), not state Contractor will advise the Subcontractor within thirty days after receipt of such a demand for arbitration law, if the Contractor exercises the option to arbitrate or rejects arbitration; such election once made shall govern be binding. The filing of a demand for arbitration by the arbitrability of all Disputes. However, applicable federal law or Contractor shall be deemed an election to arbitrate and shall constitute the law exercise of the state where you receive option of the Service(s) from Contractor to proceed with arbitration. The Contractor may join or consolidate arbitration with the Company may apply to and govern Owner, Architect or any Subcontractor, or any other party having an interest in the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision This agreement to arbitrate shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by be specifically enforceable under applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate having jurisdiction over the parties. (v) If an thereof. The award granted rendered by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30arbitrator(s) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and bindingjudgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 17.2.2 The Subcontractor agrees to continue performance of the subcontract Work and shall proceed in accordance with the directives of the Contractor in the event of a dispute or controversy. It being understood and agreed that any controversy between the parties shall not be deemed a basis to delay or suspend the work, except for any appellate right which exists under unless directed otherwise by the FAAContractor.

Appears in 1 contract

Sources: Subcontract Agreement

Arbitration Procedures. The arbitration will be conducted in accordance with the then-existing JAMS Employment Arbitration Rules & Procedures, as amended, (i“JAMS Employment Rules”) Because the Service(s) and as augmented in this Agreement. Arbitration will be initiated as provided to you by the Company concerns interstate commerceJAMS Employment Rules. JAMS Employment Rules can be found at ▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇, the Federal Arbitration Act ("FAA")or by calling JAMS at ▇▇▇-▇▇▇-▇▇▇▇. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, not state neither party will initiate or prosecute any lawsuit or administrative action in any way related to any applicable dispute or claim, except as set forth in this Agreement. All disputes or claims subject to arbitration law, shall govern the arbitrability of all Disputeswill be decided by a single arbitrator. However, applicable federal law or the law The arbitrator will be selected by mutual agreement of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules parties within 30 days of the arbitration organization, this Arbitration Provision shall govern. If effective date of the AAA will not enforce this Arbitration Provision as written, it cannot serve as notice initiating the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organizationarbitration. If the parties are unable to agreecannot agree on an arbitrator, then the parties shall mutually petition a court complaining party will notify JAMS and request selection of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and arbitrator in accordance with the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the DisputeJAMS Employment Rules or other applicable JAMS rules. The arbitrator will honor only have authority to award equitable relief, damages, costs, and fees as a court would have for the particular claims asserted, and any action of privilege recognized the arbitrator in contravention of this limitation may be the subject of court appeal by applicable law and the aggrieved party. All other aspects of the arbitrator’s ruling will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' feesfinal. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law7. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within Arbitration Decision: Within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules close of the arbitration organizationhearing, or at such other time as determined by the arbitrator, any party will have the right to prepare, serve on the other party, and file with the arbitrator a brief. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, all proceedings and all documents prepared in connection with any arbitration organization will then notify be confidential and the arbitration subject matter will not be disclosed to any person other party that than the parties to the proceedings, their counsel, witnesses and experts, the arbitrator, and, if involved, the court and court staff. All documents filed with the arbitrator or with a court, to the maximum extent allowed by law, will be filed under seal. The parties will stipulate to all arbitration and court orders necessary to effectuate these confidentiality provisions. A court of competent jurisdiction will have the authority to enter a judgment upon the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of made pursuant to the date of the appealing party's notice of arbitration or applicable arbitration appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Employment Agreement (Ideanomics, Inc.)

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company SKYFREQUENCY concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company SKYFREQUENCY may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanySKYFREQUENCY. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealedthe (a) CUSTOMER MUST CONTACT SKYFREQUENCY WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH CUSTOMER MUST CONTACT SKYFREQUENCY WITHIN SIXTY (60) DAYS AS PROVIDED IN SECTION 3.9 OF THE GENERAL TERMS AND CONDITIONS), OR CUSTOMER WAIVES THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. (b) ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. The three-arbitrator panel will issue its decision within one hundred and twenty THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and bindingSUCH AS A PRIVATE ATTORNEY GENERAL), except for any appellate right which exists under the FAAOTHER SUBSCRIBERS, OR OTHER PERSONS.

Appears in 1 contract

Sources: Business Services Customer Terms and Conditions

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Joytel concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Joytel may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyJoytel. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Business Services Customer Agreement

Arbitration Procedures. The party initiating arbitration shall do so with an arbitration company(“Administrator”), which shall be either the American Arbitration Association(the “AAA”) or Judicial Alternatives and Mediation Services (i) Because the Service(s) provided to you by the Company concerns interstate commerce“JAMS”). To start an arbitration, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to complaining party must commence the arbitration proceeding. If there is a conflict between this Arbitration Provision and in accordance with the rules of the arbitration organization, this Arbitration Provision shall governAdministrator’s rules. If the AAA will not enforce this Arbitration Provision as writtenAdministrator picked by the complaining party is unable or unwilling to be the Administrator, it cannot serve as then the arbitration organization to resolve your Dispute with company will be selected from the Companyremaining choices listed herein or by a court. If this situation arisesone party starts or threatens a lawsuit, the parties shall agree on other party can demand arbitration. To require arbitration of a substitute arbitration organization. If the parties are unable to agreeClaim, the parties shall mutually petition defending party must give the complaining party a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is written demand for arbitration. This demand may be given after a conflict between this Arbitration Provision lawsuit has been filed and may be given in papers or motions in the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputelawsuit. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award It can be made if a party starts a lawsuit on an individual basis and then tries to pursue a class action or public injunctive relief. Once an arbitration demand is made, no lawsuit can be brought and any relief that would existing lawsuit must stop. The Administrator will appoint the arbitrator in accordance with theAdministrator’s rules. However, unless the parties agree otherwise, the arbitrator must be available a retired or former judge or a lawyer with at least 10 years of experience. The arbitration shall be conducted according to, and the location of the arbitration shall be determined in a courtaccordance with the rules and policies of the Administrator selected, including injunctive except to the extent the rules conflict with this Arbitration Agreement or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted However, theAdministrator may, in his or her discretion, conduct special hearings at any other place for the purpose of receiving evidence that would otherwise be unavailable at the situs of the arbitration, or for the convenience of the parties or witnesses, and that the place for the special hearing selected by the arbitrator may shall also be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by deemed a place where the arbitrator exceeds $75,000, either “[is] sitting” for purposes of Section 7 of the FAA. The Administrator or any of the parties to the arbitration or any party may appeal that award attend any hearing telephonically or electronically. The telephonic or electronic, adjudicative (as opposed to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30physical) days from the date of entry presence of the written arbitration awardarbitrator at a hearing satisfies the “[is] sitting”requirement of Section 7. The members If you have any questions concerning the AAA or would like to obtain a copy of the threeAAA arbitration rules, you may call ▇(▇▇▇) ▇▇▇-arbitrator panel will be selected according ▇▇▇▇ or visit the AAA’s website at: ▇▇▇.▇▇▇.▇▇▇. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call ▇(▇▇▇) ▇▇▇-▇▇▇▇ or visit their web site at: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. In the case of a conflict between the rules and policies of the Administrator and this Arbitration Agreement, thisArbitration Agreement shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the arbitration organizationtheAdministrator apply. The arbitration organization will then notify be held in the United States county where you live or work, or any other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right location to which exists under the FAAwe agree.

Appears in 1 contract

Sources: Terms and Conditions

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary informationCode. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator may award on an individual basis with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any relief that would appeal thereof), the arbitrator (or panel) will decide who will ultimately be available responsible for paying the filing, administrative and/or hearing fees in a courtconnection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including injunctive for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or declaratory relief federal court which is closest to your billing address and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate would have had jurisdiction over the parties. (v) If an award granted by Claim, we will reimburse you to that extent unless the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30or panel) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party determines that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for fees were incurred without any appellate right which exists under the FAAsubstantial justification.

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state The arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute Dispute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision be administered by and conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable)(“AAA Rules”), as modified by this arbitration organization, agreement. The AAA Rules are available online at ▇▇▇.▇▇▇.▇▇▇/. You and we understand and agree that the AAA’s administrative determination that this Arbitration Provision shall governarbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as is unavailable or unwilling to administer the arbitration organization to resolve your Dispute consistent with the Company. If this situation arisesarbitration agreement, the parties shall agree on a substitute arbitration organizationan administrator that will do so. If the parties are unable to cannot agree, the parties they shall mutually petition a court of appropriate competent jurisdiction to appoint an arbitration organization administrator that will enforce this Arbitration Provision do so. • An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as written. (ii) If there is a conflict between this Arbitration Provision and in court, that they are complying with the rest requirements of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the DisputeFederal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Pollo Tropical representative will honor claims of privilege recognized by applicable law and personally appear at any hearing (with counsel, if represented). Any in-person hearing will take reasonable steps to protect Customer account information and other confidential be held in the county or proprietary informationparish in which you reside or at another mutually agreed location. The An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not only to the extent necessary to provide a statement of reasons unless requested relief warranted by a party or required that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. • The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award granted by the arbitrator may be enforced shall have no preclusive effect in any court with appropriate jurisdiction over the partiesother arbitration or proceeding in which you are not a named party. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Pollo Tropical Card Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company Infostructure concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company Infostructure may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyInfostructure. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three- arbitrator panel shall be final and binding, except for any appellate right which exists The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three- arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Terms and Conditions of Service

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Terms and Conditions of Service

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.. Continuation:

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Cost to Open Partner Employee Account/Card Purchase Fee: None Fee Plan for Purchases FeeAdvantage Plan Plan Fee None Signature Purchase Transaction Fee Included In Plan Fee PIN Purchase Transaction Fee Included In Plan Fee Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the purchase transaction Over the Counter Cash Withdrawal Fee at a financial institution (also referred to as the “OTC Fee”) $2.50 per withdrawal. A Foreign Transaction Fee may also apply, except for any appellate right which exists under if applicable. A fee may also be assessed by the FAAfinancial institution and may vary from location to location. Over the Counter Cash Withdrawal Fee at a NetSpend Reload Network location (also referred to as the “OTC Fee”) Fee may be assessed by reload location and may vary from location to location. Service not available in all reload locations. Domestic ATM Cash Withdrawal Fee $2.50 per withdrawal, plus ATM owner fees, if any. International ATM Cash Withdrawal Fee $4.95 per withdrawal, plus the Foreign Transaction Fee, and ATM owner fees, if any. Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the cash withdrawal. ATM Transaction Decline Fee $1.00 each. Tip to avoid ATM fees: Select “DEBIT” and enter your PIN to get cash back when making purchases at many retailers, such as grocery stores. Direct Deposit Fee None. Fee to add cash or check proceeds at a NetSpend Reload Network location Fee may be assessed by reload location and may vary from location to location. Bank Transfer Fee Visit your online Account Center to learn how to transfer funds to your Card from another bank account using a bank debit card or account number. Fees are determined and may be charged to the transferor’s bank account by the service provider or origination bank. Account-to-Account Transfer Fee via website or text message None; standard text message rates may apply. Account-to-Account Transfer Fee via Customer Service Agent $4.95 each.

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you Company by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive Company receives the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Company’s dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Commercial Internet Service Agreement

Arbitration Procedures. (i) Because the Service(s) Services provided to you by the Company ChargePoint concerns interstate commerce, the Federal Arbitration Act ("FAA".), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company ChargePoint may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyChargePoint. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary informationproprietaryinformation. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Chargepoint Personal Charging Service Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company Streamline concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company Streamline may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyStreamline. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES) ABOUT WHICH YOU MUST CONTACT STREAMLINE WITHIN SIXTY (60) DAYS AS PROVIDED IN SECTION 2 OF THIS AGREEMENT, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS

Appears in 1 contract

Sources: Terms and Conditions

Arbitration Procedures. (i) Because Arbitration is the Service(s) provided process by which a neutral third party makes a binding decision relating to you a dispute. Arbitration is not optional. It is required to resolve any claim that this Agreement covers. The demand for arbitration must be in writing and must be made by the Company concerns interstate commerceaggrieved party within the time period required under applicable law to file an administrative complaint or charge, and if there is no such requirement under applicable law, it must be made within the time period of the applicable statute of limitations. Failure to do so constitutes a waiver to raise that claim in any forum. To initiate arbitration, Employee must deliver the written demand to Employer at the address set forth in Section 11 or such other address Employer may designate by notice to Employee. For Employer to initiate arbitration, it must deliver the written demand for arbitration to Employee at the address set forth below Employee’s signature or such other address Employee may designate by notice to Employer. The arbitration shall take place in ▇▇▇▇▇▇▇▇ County, Tennessee before a single neutral arbitrator and administered by AAA. The procedural provisions of the Federal Arbitration Act ("FAA")9 U.S.C. Sections 1, not state arbitration law, et seq.) and the AAA Employment Arbitration Rules & Mediation Procedures shall govern the arbitrability of all Disputesarbitration proceedings. However, applicable federal law or the law You may obtain a copy of the state where you receive the Service(s) from the Company may apply to and govern the substance of any DisputesAAA Employment Arbitration Rules & Mediation Procedures before signing this Agreement at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ or by calling AAA at 800.778.7879. No state arbitration statute The arbitrator shall apply the applicable substantive law to determine issues of liability, damages and other remedies regarding all claims to be arbitrated. The arbitrator’s award shall be in writing (within 30 days following the hearing and the submission of the matter to the arbitration proceedingarbitrator), with factual findings, reasons given and evidence cited to support the award. If there is a conflict between this Arbitration Provision and the rules Any authorized decision or award of the arbitration organization, this Arbitration Provision arbitrator shall governbe final and binding on the parties. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a Any court of appropriate competent jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. may enter judgment upon the award, either by (i) confirming the award or (ii) If there is a conflict between this Arbitration Provision and vacating, modifying or correcting the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required ground permitted by applicable law. An award granted by The cost of the arbitrator and other incidental costs of arbitration that would not be incurred in a court proceeding shall be borne by Employer. The parties shall each bear their own costs and attorneys’ fees in any arbitration proceeding, except that, as a part of any remedy that may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by awarded, the arbitrator exceeds $75,000shall have the authority to award the parties his, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration awardher, or its costs and attorneys’ fees where required or permitted by, and in accordance with, applicable federal or state law. The members of costs unique to arbitration (for example, the three-arbitrator panel arbitrator’s or arbitration administration fees) will not be selected according shifted to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and bindingEmployee, except for any appellate right which exists under the FAAhowever.

Appears in 1 contract

Sources: At Will Employment Agreement (Biolargo, Inc.)

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Business Services Customer Terms and Conditions

Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgm ent upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties. (v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Appears in 1 contract

Sources: Cardholder Agreement

Arbitration Procedures. (i) Because the Service(s) provided to you by the Company ▇▇▇▇▇▇ concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company ▇▇▇▇▇▇ may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the Company▇▇▇▇▇▇. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties. (v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Service Agreement

Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision. (b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall shal mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement. (ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

Appears in 1 contract

Sources: Business Services Customer Terms and Conditions