Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 308 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 300 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or and/ or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 107 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 96 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 ArbitrationArbitration provisions, 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 94 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Morgan Stanley Platinum Card Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 89 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim by individual arbitrationClaim within the jurisdiction of small claims court. Claims You acknowledge Your understanding that all Parties hereunder are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred waiving their rights to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant go to this Arbitration provision and the selected organization's rules in effect when the claim is filedcourt, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate resolve any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights Claims arising under this Arbitration provision, including Agreement between or among the right to arbitrate a claim, without waiving the right to exercise or enforce those rightsParties. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed The arbitration shall be administered by the FAAAmerican Arbitration Association (“AAA”). The arbitrator will apply applicable substantive law, statutes of 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 shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award governed pursuant to the FAA. To initiate an appeal, a party must notify AAA Consumer Arbitration Rules (the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued“Code”). The arbitration organization will appoint occur before a three- single, neutral arbitrator panel selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to decide anewattend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, by majority vote based on written submissionsthe closest AAA location to Your residence, any aspect of or via telephone. For information about how to initiate arbitration with the decision objected to. The appeal will otherwise proceed pursuant AAA, the Parties shall refer to the arbitration organization's appellate rulesAAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be Each Party is responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the their own 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness expenses associated with an arbitration, including attorneys fees.
Appears in 83 contracts
Sources: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. The arbitration shall be administered by individual the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. Claims are decided by a neutral We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. Before beginning arbitrationIf We initiate arbitration against You, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAA, as selected by pay Your filing fee and all costs associated with the party electing arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims will to be resolved pursuant to this Arbitration provision and frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may not be set aside except upon the selected organization's rules limited circumstances set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. We will not elect The time for commencing an arbitration for asserting any claim you file in small claims court, so long as Claim shall be determined by reference to the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionapplicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (130) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesDAYS OF THE PURCHASE OF THIS AGREEMENT.
Appears in 30 contracts
Sources: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
i. Initiating Arbitration: Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 24 contracts
Sources: Electricity Supply Agreement, Electricity Supply Agreement, Electricity Supply Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 24 contracts
Sources: Morgan Stanley Platinum Card Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 22 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.and
Appears in 19 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. The arbitration shall be administered by individual the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. Claims are decided by a neutral We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. Before beginning arbitrationIf We initiate arbitration against You, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAA, as selected by pay Your filing fee and all costs associated with the party electing arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims will to be resolved pursuant to this Arbitration provision and frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may not be set aside except upon the selected organization's rules limited circumstances set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. We will not elect The time for commencing an arbitration for asserting any claim you file in small claims court, so long as Claim shall be determined by reference to the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionapplicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees (including filingParty, administrativebe invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Arbitration Provision governs.
Appears in 18 contracts
Sources: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 15 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 13 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 12 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 12 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. The arbitration shall be administered by individual the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. Claims are decided by a neutral We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. Before beginning arbitrationIf We initiate arbitration against You, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAA, as selected by pay Your filing fee and all costs associated with the party electing arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims will to be resolved pursuant to this Arbitration provision and frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may not be set aside except upon the selected organization's rules limited circumstances set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. We will not elect The time for commencing an arbitration for asserting any claim you file in small claims court, so long as Claim shall be determined by reference to the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionapplicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees (including filingParty, administrativebe invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Arbitration Provision governs.
Appears in 10 contracts
Sources: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 9 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. YOU AND VERIZON AGREE THAT ANY ISSUE OR DISPUTE THAT ARISES, RESULTS FROM, OR IN ANY WAY RELATES TO THE SERVICES OR THIS AGREEMENT ("DISPUTES") SHALL BE RESOLVED ONLY BY BINDING INDIVIDUAL ARBITRATION AND THAT THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT. Either party may initiate arbitration by notifying the other Party of the Dispute in writing at least 30 days in advance of initiating the Arbitration. Notice to Verizon should be sent to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ or to Verizon Dispute Resolution Manager, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, Basking Ridge, NJ 07920. We will notify you at the billing address for your account. The notice must describe the nature of the claim and the relief being sought. If the parties are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. Verizon will pay any filing fee that the AAA charges You for initiating arbitration. The Arbitration will take place before a single arbitrator in the county where Service is provided and the AAA Commercial Rules of Arbitration shall apply. You may also bring a claim in small claims court subject to that court’s jurisdictional limit. YOU AND WE AGREE THAT ANY ARBITRATION OR CLAIM IN SMALL CLAIMS COURT WILL ONLY BE ON AN INDIVIDUAL BASIS AND THAT NO CLASS CLAIMS, PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR CLASS ARBITRATION MAY BE MAINTAINED. THE ARBITRATOR MAY ONLY AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO DETERMINE OR PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION. Except for an action to compel arbitration or we may elect for a temporary restraining order or injunction related to this Agreement, neither party shall seek to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules Dispute in effect when the claim is filedcourt, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in a small claims court, so long court as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 hearingset forth above, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal process other than by arbitration as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesset forth above.
Appears in 8 contracts
Sources: Terms of Service, Terms of Service, Terms of Service
Arbitration. You UNLESS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE BETWEEN US WILL BE DECIDED BY BINDING ARBITRATION AND NOT IN COURT. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
a. In accordance with this section, any dispute, claim, or we may elect controversy arising out of or relating to resolve these Terms and Conditions, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, or relating to any claim of the subject matter of these Terms and Conditions shall be resolved by individual arbitration. Claims are decided neutral, binding arbitration and not by a neutral arbitratorcourt action. Before beginning If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. The party filing a demand for arbitration may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (▇▇▇ ▇▇▇-▇▇▇▇, ▇▇▇.▇▇▇▇▇▇▇.▇▇▇), the American Arbitration Association (▇▇▇ ▇▇▇-▇▇▇▇, ▇▇▇.▇▇▇.▇▇▇), or any other organization subject to the parties’ mutual approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
b. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we must first send a claim noticepay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Claims will Each party shall be referred to either JAMS or AAAresponsible for its own attorney, as selected expert, and other fees, unless awarded by the party electing arbitrationarbitrator under applicable law. Claims will be resolved pursuant to this Arbitration provision and If the selected chosen arbitration organization's rules in effect when the claim is filed, except where those ’s rules conflict with this Agreementclause, then the provisions of this clause shall control. If we choose The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, you and we may select only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the other Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.
c. You retain the right to seek remedies in small claims court for disputes or claims within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or Neither you nor we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including waive the right to arbitrate a claim, without waiving by filing suit. Any court having jurisdiction may enter judgment on the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not applyarbitrator’s award. This Arbitration provision Clause shall survive any termination of these Terms and Conditions. If any part of this Arbitration Clause, other than waivers of class action rights, is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply deemed or found to be unenforceable for any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitrationreason, 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, but you or we may notify any government authority of the claim as permitted or required by lawremainder shall remain enforceable. If your claim a waiver of class action rights is deemed or found to be unenforceable for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through any reason in a telephonic hearing, or by an in-person hearing. At any party's requestcase in which class action allegations have been made, the arbitrator will provide a brief written explanation remainder of the award. The arbitrator's award will this Arbitration Clause shall be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesunenforceable.
Appears in 7 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.and
Appears in 7 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.and
Appears in 7 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 7 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. The arbitration shall be administered by individual the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. Claims are decided by a neutral We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. Before beginning arbitrationIf We initiate arbitration against You, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAA, as selected by pay Your filing fee and all costs associated with the party electing arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims will to be resolved pursuant to this Arbitration provision and frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may not be set aside except upon the selected organization's rules limited circumstances set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. We will not elect The time for commencing an arbitration for asserting any claim you file in small claims court, so long as Claim shall be determined by reference to the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionapplicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (130) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesDAYS OF THE PURCHASE OF THIS AGREEMENT.
Appears in 7 contracts
Sources: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (( FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 5 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we may delay enforcing or agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot exercise rights under this Arbitration provision, including be used in any other case except to enforce the right to arbitrate a claim, without waiving the right to exercise or enforce those rightsaward. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 ArbitrationArbitration provisions, the arbitrator may otherwise award any relief available in court. You and we agree that the 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization will appoint a three- three arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 5 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 5 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 ArbitrationArbitration provisions, 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 5 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 4 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim If a Claim has not been settled by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision such discussions within thirty (30) days and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file pursued in small claims court, so long as either party may refer the claim Claim to arbitration before a single arbitrator at a location near you that we agree is individual and pending only in that courtreasonably convenient for both of us or, if we are unable to agree, at a location determined by the American Arbitration Association. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under Any question whether this Arbitration provisionprovision is enforceable or a Claim is subject to arbitration will be decided by the arbitrator. The arbitration, including the right to arbitrate selection of the arbitrator, will be governed by the Consumer Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration (the “AAA Rules”). If there is a claim, without waiving conflict between the right to exercise or enforce those rights. Notwithstanding any other provision AAA Rules and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire this Arbitration provision (this “Clause” or this “Arbitration Clause”), this Clause will control. The arbitration will be conducted pursuant to the Procedures for the Resolution of Disputes through Document Submission unless the arbitrator determines that an in-person or telephone hearing is necessary. You and we will each pay our own expenses (including attorneys’ fees). The costs of arbitration will be paid in accordance with the AAA Rules. If you prevail in the arbitration, we will reimburse you for any costs of the arbitration that you paid to the AAA (but not your attorneys’ fees). If we prevail in the arbitration, you are not required to reimburse us for any costs of arbitration that we paid. To initiate arbitration proceedings, a party must send a Demand for Arbitration to the other than this sentence) will not applyparty and submit a copy of the Demand and the filing fee to the AAA. This The form of Demand, the rules regarding payment of filing fees, the ways to submit a Demand to the AAA, and other information about the AAA Rules and the arbitration process are available from the American Arbitration provision Association. Contact the AAA through its website at ▇▇▇.▇▇▇.▇▇▇. Any claim or defense that could be asserted in a court proceeding can be asserted in the arbitration and the arbitrator is governed by entitled to award the FAAsame remedies that could be awarded in a court proceeding. Either party may ask the arbitrator for more information from the other party and the arbitrator shall decide such questions in his or her discretion, after allowing the other party an opportunity to object. The arbitrator will apply is required to follow all substantive law applicable substantive lawto any dispute, statutes including, without limitation, the applicable statute of limitations limitations, any applicable attorney-client or work-product privilege, and privilegesany other applicable privilege. The arbitrator will not apply is required to issue a written decision setting forth the decision and the reasons for that decision. If the arbitrator makes an error of law, the resulting award may be appealed in court. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state rules of civil procedure or evidence in matters relating to evidence or discoverycourt that has jurisdiction. Subject to Some rights (such as 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to obtain information prior to arbitration and the rights to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award decision) may be entered more limited in any arbitration than they would be in a court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesproceeding.
Appears in 4 contracts
Sources: Online and Mobile Banking Agreement, Online and Mobile Banking Agreement, Online and Mobile Banking Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 4 contracts
Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration. We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see ▇▇▇.▇▇▇). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At our option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). In addition, you or we may elect to resolve any bring an individual claim by individual arbitration. Claims are decided by in a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim but we do not hereby agree to any personal jurisdiction that is individual and pending only in that courtotherwise lacking. You agree that any arbitration shall not permit claims on a class, mass, representative, or we private attorney general basis. You further agree that no claims of other parties may otherwise elect to arbitrate be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under part of this Arbitration provisionclause is later deemed invalid as a matter of law, including then it shall be severed and the right to arbitrate a claimremaining portions of this section shall remain in effect, without waiving with the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving exception that if the right to appeal such decision, if any portion of these Limitations on Arbitration preceding paragraph is deemed invalid or unenforceableinvalid, then the this entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations section shall be deemed invalid 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 clause shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesvoid.
Appears in 3 contracts
Sources: Terms of Service, Terms of Service, Terms of Service
Arbitration. You and your financial institution agree that any claim or dispute (“Claim”) arising out of this Agreement between us (except for Claims relating to the terms, conditions, limitations, and exclusions of any insurance coverage document, or product repair or warranty benefits, if applicable, which are covered by a separate arbitration provision in the New Account Kit) shall, at the election of either You or your financial institution, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties’ intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims against your financial institution as well as its corporate affiliates. You agree that, by entering into this Agreement, You and your financial institution are each waiving the right to a trial by jury or to participate in a class action. At your request, we may elect to resolve any claim by individual arbitrationwill pay the first $125 of your arbitration fees. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims You will be referred solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. YOU AND YOUR FINANCIAL INSTITUTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and your financial institution agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding the foregoing, either JAMS or AAA, as selected by the party electing arbitrationmay bring an individual action in small claims court. Claims will be resolved The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to this Arbitration provision a transaction involving interstate commerce, and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may shall be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of governed by the Federal Arbitration Act, 9 U.S.C. sec§ 1 et seq. 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up The arbitrator shall follow substantive law to the amount extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for this Section shall survive any additional arbitration fees. At your written requesttermination, we will consider in good faith making a temporary advance cancellation or expiration of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Agreement.
Appears in 3 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
Arbitration. You or we If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may elect initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim by individual that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. Claims are decided by The arbitrator shall be empowered to grant whatever relief would be available in a neutral court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Before beginning arbitrationYou understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, you or we must first send a claim notice. Claims any arbitration hearing will be referred to either JAMS or AAA, as selected held in Delaware. You understand and agree that by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with entering into this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim each party is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise a jury trial or enforce those rightsa trial before a judge in a public court. Notwithstanding any other provision and without waiving Other rights that you would have if you went to court, such as the right to appeal such decisionand to certain types of discovery, if any portion may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating your decision to evidence or discovery. Subject opt out to the Limitations on Arbitrationfollowing address , 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 ▇▇▇▇▇▇ Street, Raleigh, North Carolina, 27601, within 30 days of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority date of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesAgreement.
Appears in 3 contracts
Sources: Terms of Service, Terms of Service, Terms of Service
Arbitration. a. You or we may elect to resolve any claim Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims are will be decided by one neutral arbitrator who will be a neutral arbitratorretired judicial officer or an attorney with at least ten (10) years of experience; however, if we both agree, we may select another person with different qualifications.
b. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
c. Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, as selected by if we choose one of those two organizations, you may choose the party electing other organization instead if you inform us of that choice within thirty (30) days after we elect arbitration. .
d. Claims will be resolved pursuant to this Arbitration provision section XI and the selected organization's ’s rules in effect when the claim Claim is filed, except where those rules conflict with this Agreementsection XI. If we choose the organizationrules conflict, you may select the other within 30 days after receiving notice terms of our selectionthis Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization organization, if you and we agree in writing writing, or to an arbitrator appointed pursuant to section Section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (the “FAA”). .
e. We will not elect arbitration for any claim Claim you file in small claims court, so long as the claim Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration arbitration provision, including the right to arbitrate a claimClaim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. .
f. This Arbitration arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Arbitrationlimitations of this section XI, the arbitrator may otherwise award any relief available in court. You and we agree that Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesClaim. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration Arbitration hearings will take place in Salt Lake County, Utah or, upon your request, in the federal judicial district of your residence. where you reside.
g. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim litigated in court. We will be responsible for any additional arbitration fees. At your written request, we We will consider in good faith making a temporary advance of your share of any arbitration fees, fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules , if you ask us in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money writing to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesdo so.
Appears in 3 contracts
Sources: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement
Arbitration. You Read the following arbitration provision carefully. It limits certain rights, including your right to obtain relief or we may elect to resolve any claim by individual arbitrationdamages through court action. Claims are decided by a neutral arbitrator. Before beginning arbitrationTo begin Arbitration, either you or we must first send make a claim noticewritten demand to the other party for arbitration. Claims The Arbitration will take place before a single arbitrator. It will be referred to either JAMS or administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association ("AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules ") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at ▇▇▇▇ ▇▇▇▇▇▇▇▇, except where those rules conflict with this Agreement▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or visiting ▇▇▇.▇▇▇.▇▇▇. If we choose We will advance to you all or part of the organization, you may select fees of the other within 30 days after receiving notice AAA and of our selectionthe arbitrator. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if Unless you and we agree otherwise, the arbitration will take place in writing or to an arbitrator appointed pursuant to section 5 of the county and state where you live. The Federal Arbitration Act, 9 U.S.C. sec§ 1, et seq., will govern and no state, local or other arbitration law will apply. 1-16 (FAA)YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any claim covered by this provision. We You also agree that any arbitration proceeding will only consider your Claims. Claims by, or on behalf of, other individuals will not elect arbitration be arbitrated in any proceeding that is considering your Claims. Please refer to the STATE SPECIFIC EXCEPTIONS section of this Agreement for any claim you file added requirements in small claims court, so long as your state. In the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under event this Arbitration provisionprovision is not approved by the appropriate state regulatory agency, including and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and we specifically agree to waive and forever give up the right to arbitrate a claimtrial by jury. Instead, without waiving in the right to exercise or enforce those rights. Notwithstanding event any other provision litigation arises between you and without waiving the right to appeal us, any such decisionlawsuit will be tried before a judge, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) and a jury will not applybe impaneled or struck. This Arbitration provision is governed by SERVICE PROMISE. In the FAA. The arbitrator will apply applicable substantive lawevent that we do not repair your Covered laundry, statutes of limitations kitchen or HVAC Product on our first (1st) in-home repair attempt 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 you will be confidential. You and we agree that we will not disclose without the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district use of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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 requestCovered Product, we will consider in good faith making provide you with a temporary advance of your share of any arbitration fees, one time rental reimbursement or paying for the reasonable fees of an expert appointed by the arbitrator for good causeallowance up to $50 at our sole discretion. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money To file a claim go to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.
Appears in 2 contracts
Sources: Protection Agreement, Protection Agreement
Arbitration. You or we may elect to resolve any claim If a Claim has not been settled by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision such discussions within thirty (30) days and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file pursued in small claims court, so long as either party may refer the claim Claim to arbitration before a single arbitrator at a location near you that we agree is individual and pending only in that courtreasonably convenient for both of us or, if we are unable to agree, at a location determined by the American Arbitration Association. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under Any question whether this Arbitration provisionprovision is enforceable or a Claim is subject to arbitration will be decided by the arbitrator. The arbitration, including the right selection of the arbitrator, will be governed by the Consumer Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration (the “AAA Rules”). If there is a conflict between the AAA Rules and this Arbitration provision (this “Clause” or this “Arbitration Clause”), this Clause will control. The arbitration will be conducted pursuant to arbitrate the Procedures for the Resolution of Disputes through Document Submission unless the arbitrator determines that an in-person or telephone hearing is necessary. You and we will each pay our own expenses (including attorneys’ fees). The costs of arbitration will be paid in accordance with the AAA Rules. If you prevail in the arbitration, we will reimburse you for any costs of the arbitration that you paid to the AAA (but not your attorneys’ fees). If we prevail in the arbitration, you are not required to reimburse us for any costs of arbitration that we paid. To initiate arbitration proceedings, a claimparty must send a Demand for Arbitration to the other party and submit a copy of the Demand and the filing fee to the AAA. The form of Demand, the rules regarding payment of filing fees, the ways to submit a Demand to the AAA, and other information about the AAA Rules and the arbitration process are available from the American Arbitration Association. Contact the AAA through its website at ▇▇▇.▇▇▇.▇▇▇. Any claim or defense that could be asserted in a court proceeding can be asserted in the arbitration and the arbitrator is entitled to award the same remedies that could be awarded in a court proceeding. Either party may ask the arbitrator for more information from the other party and the arbitrator shall decide such questions in his or her discretion, after allowing the other party an opportunity to object. The arbitrator is required to follow all substantive law applicable to any dispute, including, without waiving limitation, the applicable statute of limitations, any applicable attorney-client or work-product privilege, and any other applicable privilege. The arbitrator is required to issue a written decision setting forth the decision and the reasons for that decision. If the arbitrator makes an error of law, the resulting award may be appealed in court. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. Some rights (such as the right to exercise or enforce those rights. Notwithstanding any other provision obtain information prior to arbitration and without waiving the right to appeal such a decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered more limited in any arbitration than they would be in a court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesproceeding.
Appears in 2 contracts
Sources: Personal Deposit Account Agreement, Deposit Account Agreement
Arbitration. We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see ▇▇▇.▇▇▇). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets. In addition, you or we may elect to resolve any bring an individual claim by individual arbitration. Claims are decided by in a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim but we do not hereby agree to any personal jurisdiction that is individual and pending only in that courtotherwise lacking. You agree that any arbitration shall not permit claims on a class, mass, representative, or we private attorney general basis. You further agree that no claims of other parties may otherwise elect to arbitrate be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under part of this Arbitration provisionclause is later deemed invalid as a matter of law, including then it shall be severed and the right to arbitrate a claimremaining portions of this section shall remain in effect, without waiving with the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving exception that if the right to appeal such decision, if any portion of these Limitations on Arbitration preceding paragraph is deemed invalid or unenforceableinvalid, then the this entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations section shall be deemed invalid 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 clause shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesvoid.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 ArbitrationArbitration provisions, 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Arbitration. This Service Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Contract (including the Cost of, lack of or we may elect to resolve any claim by individual arbitration. Claims are decided by actual repair or replacement arising from a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAABreakdown). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under Under this Arbitration provision, including the You give up Your right to arbitrate resolve any dispute arising from this Service Contract by a claimjudge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, without waiving any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the right to exercise arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or enforce those rightschanged by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding any other provision and without waiving this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the right to appeal such decision, if any portion of these Limitations on American Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision Association (other than this sentence▇▇▇.▇▇▇.▇▇▇) will not applyapply to any arbitration under this Service Contract. To start arbitration, either You or We must make a written demand to the other party for arbitration. This Arbitration provision is governed by demand must be made within one (1) year of the FAA. The arbitrator will apply earlier of the date the breakdown occurred or the dispute arose or the applicable substantive law, statutes statute of 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 Arbitrationperiod, the arbitrator may otherwise award any relief available in courtwhichever is longer. You and we agree that We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an “umpire.” All costs and expenses of the arbitration will be confidential. shared equally by You and we agree that we will not disclose the content of Us. Unless otherwise agreed to by You and Us, the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of your residence. You the American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will be responsible for paying your share of apply to any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount under this Service Contract. The laws 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 requeststate of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Contract and all transactions contemplated by this Service Contract, we will consider in good faith making a temporary advance of your share of any arbitration feesincluding, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationwithout limitation, the arbitrator's award will include: (1) any money to which you are entitledvalidity, but in no case less than $5,000; interpretation, construction, performance and (2) any reasonable attorneys' fees, costs and expert and other witness feesenforcement of this Service Contract.
Appears in 2 contracts
Sources: Service Contract, Service Contract
Arbitration. This Agreement contains a pre-dispute arbitration clause. By entering into this Agreement, you and we agree that dis- putes related to this Agreement will be re- solved as follows:
A. You and we are giving up the right to ▇▇▇ each other in court, including the right to a trial by jury, except as provided by the rules of the arbitra- tion forum in which a claim is filed.
B. Arbitration awards are generally fi- nal and binding; a party’s ability to have a court reverse or we modify an arbitration award is very limited.
C. The ability of parties to obtain docu- ments, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
D. The arbitrators do not have to ex- plain the reason(s) for their award unless, in an eligible case, a joint re- quest for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date.
E. The panel of arbitrators may elect to resolve any in- clude a minority of arbitrators who were or are affiliated with the secu- rities industry.
F. The rules of some arbitration fo- rums may impose time limits for bringing a claim by individual in arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationIn some cases, you or we must first send a claim notice. Claims will that is ineligible for arbitration may be referred to either JAMS or AAA, as selected by brought in court.
G. The rules of the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules arbitration forum in effect when which the claim is filed, except where those rules conflict with and any amendments thereto, shall be incor- porated into this Agreement.
H. You agree that all controversies that may arise between us shall be deter- mined by arbitration. If we choose Such contro- versies include, but are not limited to, those involving any transaction in any of your accounts with us, or the organizationconstruction, you may select performance or breach of any agreement between us, whether entered into or occur- ring prior, on or subsequent to the other within 30 days after receiving notice of our selection. Contact JAMS date hereof.
I. Any arbitration pursuant to this provision shall be conducted only before FINRA or AAA to begin an arbitration fa- cility provided by any exchange of which we are or for other information. Claims also may be referred to another become a member, and in accordance with the respec- tive arbitration organization if you and we agree rules then in writing effect at FINRA or to an arbitrator appointed pursuant to section 5 such exchange.
J. Judgment upon the award of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award ar- bitrators may be entered in any court, state or federal, having juris- diction. No person shall bring a putative or cer- tified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has in- itiated in court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district a putative class action or who is a member of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount a putative class who has not opted out of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for class with respect to 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, or paying for the reasonable fees of an expert appointed claims encompassed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will includeputative class action until: (1i) any money to which you are entitled, but in no case less than $5,000the class certification is denied; and (2ii) any reasonable attorneys' fees, costs and expert and other witness fees.the class is decertified; or
Appears in 2 contracts
Sources: Customer Account Agreement, Customer Account Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (( FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's ’s right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's ’s award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's ’s appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 2 contracts
Sources: Cardmember Agreement, Cardmember Agreement
Arbitration. You Either you or we may elect choose to resolve have any claim dispute arising under this Note resolved by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by binding arbitration under the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules then in effect when of the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the American Arbitration Association (“AAA”) or any other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you choose and that we agree approve in writing or to an arbitrator appointed pursuant to section 5 (“the Arbitration Organization”). The arbitration shall be conducted under the then current rules of the Arbitration Organization and is governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not Either of us may elect arbitration for any claim you file to arbitrate even if an action has been filed in small claims court, so long as the claim is individual and pending only in no judgment has been rendered; provided however, that court. You or we may otherwise will not elect to arbitrate any individual claim (as opposed to any class action claim), not including any counter-claims, you bring against us with a total amount in controversy of $10,000 or less. A single arbitrator shall hold the arbitration hearing at any time unless it has been filed a location near where you signed this Note (or, if you have since moved, in court the federal judicial district where you live). The arbitrator shall apply applicable law. The arbitrator's award shall be final and trial has begun or final judgment has been enteredbinding on all parties, except that in the event of an award in excess of $100,000, the nonprevailing party may request a new arbitration under Arbitration Organization’s rules by a three-arbitrator panel. Either party may enter judgment on the award in the highest local, state or federal court or before any administrative body. We agree to pay any initial filing fee you may owe should you choose to arbitrate. Additionally, we agree for only the first day of arbitration to pay the following fees up to a maximum of $2500 in the aggregate: the arbitrator’s fee, those reasonable arbitration expenses or we may delay enforcing or costs (excluding attorney fees) assessed to you that you would not exercise rights under this Arbitration provisionpay if you had brought a dispute in court, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding and any other reasonable expense or cost unique to the arbitration process. We will also pay other amounts an arbitrator determines that we must pay in order to assure the enforceability of this arbitration provision. This arbitration provision shall survive termination or expiration of this Note. NO CLASS ACTION ARBITRATION MAY BE BROUGHT OR ORDERED UNDER THIS ARBITRATION PROVISION AND THERE SHALL BE NO JOINDER OF PARTIES, EXCEPT FOR JOINDER OF PARTIES TO THIS NOTE. IF EITHER YOU OR WE CHOOSE TO ARBITRATE, THE FOLLOWING WARNINGS APPLY: ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION; YOU WILL GIVE UP THE RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR BE EXAMINED WILL BE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT; AND, YOUR RIGHTS TO APPEAL OR CHANGE AN ARBITRATION AWARD IN COURT WILL BE VERY LIMITED. You and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than we agree that this sentence) will not applyNote evidences a transaction in interstate commerce. This Arbitration provision is governed by the FAAFederal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply by 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, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or lessyou don’t want this arbitration provision to apply, you may choose whether reject it by mailing us at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ a written rejection notice which identifies this Note and tells us that you are rejecting this arbitration provision. A rejection notice is effective only if it is signed by the borrower and all co-borrowers and the envelope the rejection is sent in has a postmark of 14 days or less after the date of this Note. The rejection of this arbitration provision will not affect any other provision of this Note or the status of your Note. If you don’t reject this arbitration provision, it 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 will provide a brief written explanation effective as of the awarddate of this Note.5 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAARECOVERY HEREUNDER BY THE DEBTOR SHALL BE LIMITED TO AMOUNTS PAID BY THE DEBTOR HEREUNDER. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.NOTICE TO BORROWER
Appears in 2 contracts
Sources: Simple Interest Note and Security Agreement, Simple Interest Note and Security Agreement
Arbitration. Read the following arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action. To begin Arbitration, either You or we may elect We must make a written demand to resolve any claim by individual the other party for arbitration. Claims are decided by The Arbitration will take place before a neutral single arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims It will be referred to either JAMS or administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules ") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at ▇▇▇▇ ▇▇▇▇▇▇▇▇, except where those rules conflict with this Agreement▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, calling ▇ (▇▇▇) ▇▇▇-▇▇▇▇ or visiting ▇▇▇.▇▇▇.▇▇▇. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA The filing fees to begin an and carry out arbitration or for other informationwill be shared equally between You and Us. Claims also may be referred to another arbitration organization if you This does not prohibit the arbitrator from giving the winning party their fees and we agree in writing or to an arbitrator appointed pursuant to section 5 expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. sec§ 1, et seq., will govern and no state, local or other arbitration law will apply. 1-16 (FAA)YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. We You also agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not elect arbitration be arbitrated in any proceeding that is considering Your Claims. Please refer to the State Disclosures for any claim you file added requirements in small claims court, so long as Your state. In the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under event this Arbitration provisionprovision is not approved by the appropriate state regulatory agency, including and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to arbitrate a claimtrial by jury. Instead, without waiving in the right to exercise or enforce those rights. Notwithstanding event any other provision litigation arises between You and without waiving the right to appeal Us, any such decisionlawsuit will be tried before a judge, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) and a jury will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal be impaneled 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesstruck.
Appears in 2 contracts
Sources: Service Contract, Xfinity Mobile Protection Plan Terms and Conditions
Arbitration. You PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. We agree that any dispute, claim or we may elect to resolve any claim disagreement between us (a “Dispute”) shall be resolved exclusively by individual arbitration. Claims are decided The arbitration, including the selecting of the arbitrator, will be administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules (the “Rules”) by a single neutral arbitratorarbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. Before beginning The arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). Either party may initiate the arbitration process by filing the necessary forms with AAA. To learn more about arbitration, you can call any AAA office or we must first send a claim noticereview the materials at ▇▇▇.▇▇▇.▇▇▇. Claims The arbitration shall be held in the location that is closest to your Home. If you initiate the arbitration, you will be referred required to either JAMS or AAA, as selected by pay all of the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision filing fees and all of the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreementarbitration fees and costs. If we choose initiate the organizationarbitration, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 will pay all of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)filing fees and all of the arbitration fees and costs. We will not elect each bear all of our own attorney’s fees and costs except that: (A) you are entitled to recover your attorney’s fees and costs from Sunnova if you prevail in the arbitration for any claim and the award you file receive from the arbitrator is higher than ▇▇▇▇▇▇▇’s last written settlement offer; and (B) Sunnova is entitled to recover its attorney’s fees and costs from you if it prevails in small claims courtthe arbitration or if the award you receive from the arbitrator is equal to or less than Sunnova’s last written settlement offer. When determining whether your award is higher, so long as the claim is individual equal to or lower than Sunnova’s last written settlement offer your attorney’s fees and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) costs will not applybe included. This Arbitration provision is governed by Only Disputes involving you and Sunnova may be addressed in the FAAarbitration. The arbitrator will apply applicable substantive lawDisputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, statutes of limitations and privilegesnon-representative) basis. The arbitrator will not apply award relief for or against anyone who is not a party. If either of us arbitrates a Dispute, neither of us, nor any federal other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or state rules other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court. Claims regarding any Dispute and remedies sought as part of civil procedure a class action, class arbitration, private attorney general or evidence in matters relating other representative action are subject to evidence or discovery. Subject to the Limitations arbitration on Arbitrationan individual (non-class, non-representative) basis, and the arbitrator may otherwise award any relief available in courtonly on an individual (non-class, non-representative) basis. You and we agree This means that the arbitration will be confidentialmay not address disputes involving other persons with disputes similar to the Disputes between you and Sunnova. You and we agree The arbitrator shall have the authority to award any legal or equitable remedy or relief that we will not disclose the content of the arbitration proceeding a court could order or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the awardgrant under this agreement. The arbitrator's , however, is not authorized to change or alter the terms of this agreement or to make any award will be final and binding, subject that would extend to each party's right any transaction other than yours. All statutes of limitations that are applicable to appeal as stated in this section and/or any dispute shall apply to challenge or appeal an any arbitration award pursuant to the 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 is issuedbetween us. The arbitration organization Arbitrator will appoint issue a three- arbitrator panel to decide anewdecision or award in writing, by majority vote based on written submissionsbriefly stating the essential findings of fact and conclusions of law. BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS PROVIDED FOR IN THE LAST PARAGRAPH OF THIS SECTION 18, any aspect of the decision objected toNEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesFURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. Judgment upon any award may be entered in any court having jurisdictionTHE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. At your electionOTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. NOTWITHSTANDING THE FOREGOING, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will includeNOTHING HEREIN CONTAINED SHALL BAR THE RIGHT OF SUNNOVA TO: (1I) any money to which you are entitledOBTAIN INJUNCTIVE RELIEF FROM A COURT AGAINST THREATENED CONDUCT THAT COULD CAUSE IT LOSS OR DAMAGES, but in no case less than $5,000UNDER THE USUAL EQUITY RULES, INCLUDING THE APPLICABLE RULES FOR OBTAINING RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS; and OR (2II) any reasonable attorneys' fees, costs and expert and other witness feesOBTAIN A JUDGMENT FROM A COURT HAVING JUSRISDICTION CONFIRMING THE AWARD OF THE ARBITRATORS.
Appears in 2 contracts
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, agree that either you or we must first send can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Eligible Transaction Account and credit issued thereunder (individually and collectively, a claim notice"Claim"). Claims This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:
(a) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.
(b) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
(c) The arbitration will be referred performed in accordance with this Section 33 (Arbitration) and the rules of the chosen arbitrator in effect when the Claim is filed.
(d) Other rights that you would have if you went to either JAMS or AAA, as selected by the party electing court might also not be available in arbitration. Claims If arbitration is elected, any claim will be resolved pursuant to this Arbitration provision and the selected organization's American Arbitration Association (“AAA”) rules and procedures (“Rules”) in effect when at the time the claim is filed, except where those rules conflict with this Agreement. If we choose for any reason the organizationAAA is unable or unwilling or ceases to serve as arbitration administrator, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another nationally recognized arbitration organization if you utilizing similar rules and we agree in writing or to an arbitrator appointed procedures will be substituted by us. This provision is made pursuant to section 5 of a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 U. S. C. §§ 1 et seq., as amended (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, law consistent with the FAA and applicable statutes of limitations and privileges. The arbitrator will not apply any federal or state rules honor claims 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, but you or we may notify any government authority of the claim as permitted or required by privilege recognized at law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any the award rendered by the arbitrator may be entered in any court having jurisdiction. At your electionThe arbitrator’s decision will be final and binding, arbitration hearings except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered by the AAA, which will take place reconsider de novo any aspect of the initial award requested by the appealing party. The decision of the panel will be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal. You may obtain rules and forms for the AAA by contacting the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇.▇▇▇.▇▇▇. Unless inconsistent with applicable law, each party will bear the expense of that party’s attorneys’, experts’ and witness fees, regardless of which party prevails in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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 courtarbitration. We will be responsible for also pay any additional arbitration feesfees or expenses that applicable law requires us to pay. At your written request, we This provision will consider in good faith making a temporary advance survive termination of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good causeAccount. If any portion of this provision is deemed invalid or unenforceable under any law or statute consistent with the arbitrator rules in your favor for an amount greater than any final offer we made before FAA, it will not invalidate the final hearing in arbitrationremaining portions of this arbitration provision or the Agreement. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, the arbitrator's award this provision will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesgovern.
Appears in 2 contracts
Sources: Zelle and Other Payment Services Terms and Conditions, Zelle and Other Payment Services Terms and Conditions
Arbitration. You i. Any controversy, dispute or we may elect claim arising out of or relating to resolve any claim this Agreement or the breach hereof which cannot be settled by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims mutual agreement will be referred to either JAMS finally settled by binding arbitration in the county where you performed your principal work duties for the Company, under the jurisdiction of the American Arbitration Association or AAAother mutually agreeable alternative arbitration dispute resolution service, before a single arbitrator appointed in accordance with the arbitration rules of the American Arbitration Association or other selected service, modified only as selected by herein expressly provided. You acknowledge receipt of the party electing arbitration. Claims will be resolved pursuant to this applicable AAA Employment Arbitration provision Rules and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also Mediation Procedures which may be referred found at the AAA website here ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/Rules. The arbitrator may enter a default decision against any party who fails to another participate in the arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the proceedings.
ii. The Federal Arbitration Act, 9 U.S.C. sec§§ 1 et seq. 1-16 (FAA). We will not elect shall govern the interpretation and enforcement of this arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAclause. The arbitrator will apply applicable substantive law, statutes decision of 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 on the points in court. You and we agree that the arbitration dispute will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyonefinal, but you or we may notify any government authority of the claim as permitted or required by law. 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 innon-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final appealable and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to and judgment on the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdictionjurisdiction thereof.
iii. At your election, The fees and expenses of the arbitration hearings will take place be borne as provided in the federal judicial district AAA Costs of Arbitration section, and each party will bear the fees and expenses of its own attorney, unless the arbitrator finds that a statutory award of attorneys’ fees and/or costs is appropriate.
iv. The parties waive their rights to a class or collective action. The parties agree that claims may not be joined, consolidated, or heard together with claims of any other current or former employee of the Company or other third party.
v. The parties agree that this Section 8(g) has been included to resolve any disputes between them with respect to this Agreement or your residence. You employment, and that this Section 8(g) will be responsible grounds for paying your share dismissal of any court action commenced by either party with respect to this Agreement, other than post-arbitration fees (including filing, administrative, hearing actions seeking to enforce an arbitration award or actions seeking an injunction or temporary restraining order and other than claims for unemployment insurance benefits or workers compensation benefits or other fees)claims which by law cannot be subject to a mandatory arbitration agreement. In the event that any court determines that this arbitration procedure is not binding, but only up or otherwise allows any litigation regarding a dispute, claim, or controversy covered by this Agreement to proceed, the parties hereto hereby waive, to the amount maximum extent allowed by law, any and all right to a class or collection action or a trial by jury in or with respect to such litigation.
vi. The parties will keep confidential, and will not disclose to any person, except as may be required by law or the rules and regulations 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 requestSecurities and Exchange Commission or other government agencies, we will consider in good faith making a temporary advance of your share the existence of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationcontroversy hereunder, the arbitrator's award will include: (1) referral of any money such controversy to which arbitration or the status or resolution thereof; notwithstanding the foregoing, nothing herein shall restrict you are entitled, but from communicating with a government agency or engaging in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesprotected concerted activity that cannot be waived by such an agreement not to disclose.
Appears in 2 contracts
Sources: Employment Agreement (Ribbon Communications Inc.), Employment Agreement (Ribbon Communications Inc.)
Arbitration. You agree that, except to the extent inconsistent with or we may elect preempted by federal law and except as otherwise stated in this Terms of Use Agreement, the laws of the State of Texas, without regard to resolve principles of conflict of laws, will govern this Customer Agreement and any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS dispute that has arisen or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if arise between you and we agree in writing or to an arbitrator appointed pursuant to section 5 Broxel, and regardless of the Federal Arbitration Act, 9 U.S.C. secyour location. 1-16 (FAA). We will not elect arbitration Except for any claim you file in disputes that qualify for small claims court, so long as all disputes arising out of or related to this Agreement or any aspect of the claim is individual relationship between you and pending only Broxel, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court Broxel and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without are each waiving the right to exercise or enforce those rightstrial by a jury. Notwithstanding You agree that any other provision arbitration under this Agreement will take place on an individual basis; class arbitrations and without waiving class actions are not permitted, and you are agreeing to give up the right ability to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) participate in a class action. The arbitration will not apply. This Arbitration provision is governed be administered by the FAAAmerican Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/Consumer%20Rules.pdf. The arbitrator will apply applicable substantive lawconduct hearings, statutes of limitations and privileges. The arbitrator will not apply any federal if any, by teleconference or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitrationvideoconference, rather than by personal appearances, unless 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, but determines upon request by you or we may notify any government authority of the claim as permitted or required by law. 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 us that an in-person hearinghearing is appropriate. At any party's requestAny in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator will provide a brief written explanation of AAA or by the awardarbitrator. The arbitrator's award ’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, subject to each party's right to appeal as stated in interim or permanent injunctive relief or relief providing for specific performance of this section and/or to challenge or appeal an arbitration award pursuant Agreement, but only to the FAA. To initiate an appeal, a party must notify extent necessary to provide relief warranted by the arbitration organization and all parties in writing within 35 days after individual claim before the arbitrator's award is issued. The arbitration organization will appoint a three- award rendered by the arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered confirmed and enforced in any court having jurisdictionjurisdiction thereof. At your electionNotwithstanding any of the foregoing, arbitration hearings nothing in this Agreement will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up preclude you from bringing issues to the amount attention of federal, state or local agencies and, if the filing fees you would have incurred if you had brought a claim in court. We will be responsible law allows, they can seek relief against us 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesyou.
Appears in 1 contract
Sources: Terms of Use
Arbitration. You Except for any controversy or we may elect claim (i) relating to your obligation to indemnify WatchFacts, set forth in "Your Representations, Warranties and Indemnification" Section above or (ii) properly filed and pursued in small claims court on an individual basis, any claim, dispute, or controversy between you and WatchFacts arising from or relating to this Agreement or the relationships which result from this Agreement that remains unresolved after you and WatchFacts attempt to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will them informally shall be resolved by binding arbitration brought on an individual basis as a "Common Claim" before the National Arbitration Forum (NAF) pursuant to this Arbitration provision and the selected organization's rules Code of Procedure then in effect when (or such other arbitration provider as is mutually agreeable to you and WatchFacts) in a manner consistent with the claim is filed, except where those rules conflict with terms in this Agreement. If we choose You and WatchFacts shall submit all available documents that support all claims, counterclaims, or defenses at the organizationtime of submission of the initial claim or response thereto. Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator’s approval. In the event the arbitrator requires an in-person proceeding, you may select the other within 30 days after receiving notice agree that such proceeding shall take place in Dade County of Miami, Florida. You and WatchFacts shall each pay our selectionown arbitration and hearing fees, costs, and expenses, including but not limited, to fees, costs, and expenses for attorneys, experts, discovery, and witnesses (as applicable). Contact JAMS or AAA to begin an The arbitration or for other informationshall be conducted by a single arbitrator. Claims also The arbitration may be referred to another arbitration organization held by telephone or by written submissions if you and we agree WatchFacts so elect. The arbitrator shall issue a written award. Any award of the arbitrator may be entered as a judgment in writing any court having jurisdiction. Information may be obtained at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ and claims may be filed electronically at ▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. After an arbitration is commenced, if the initiating party (the "Claimant") makes a written offer of settlement that is rejected by the other party ("Respondent"), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration up to $25,000. After an arbitrator appointed pursuant arbitration is commenced, if Respondent makes a written offer of settlement that is rejected by ▇▇▇▇▇▇▇▇, and Claimant either does not prevail in arbitration or does not recover more in the arbitration than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to section 5 of Claimant by the arbitrator), then Respondent shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and defending the claim in arbitration up to $25,000. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. sec. Sections 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees16.
Appears in 1 contract
Sources: Consignment Agreement
Arbitration. a. You or we may elect to resolve any claim Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims are will be decided by one neutral arbitrator who will be a neutral arbitratorretired judicial officer or an attorney with at least ten (10) years of experience; however, if we both agree, we may select another person with different qualifications.
b. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE
c. Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, as selected by if we choose one of those two organizations, you may choose the party electing other organization instead if you inform us of that choice within thirty (30) days after we elect arbitration. .
d. Claims will be resolved pursuant to this Arbitration provision section XI and the selected organization's ’s rules in effect when the claim Claim is filed, except where those rules conflict with this Agreementsection XI. If we choose the organizationrules conflict, you may select the other within 30 days after receiving notice terms of our selectionthis Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization organization, if you and we agree in writing writing, or to an arbitrator appointed pursuant to section Section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (the “FAA”). .
e. We will not elect arbitration for any claim Claim you file in small claims court, so long as the claim Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration arbitration provision, including the right to arbitrate a claimClaim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. .
f. This Arbitration arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Arbitrationlimitations of this section XI, the arbitrator may otherwise award any relief available in court. You and we agree that Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesClaim. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration Arbitration hearings will take place in Salt Lake County, Utah or, upon your request, in the federal judicial district of your residence. where you reside.
g. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim litigated in court. We will be responsible for any additional arbitration fees. At your written request, we We will consider in good faith making a temporary advance of your share of any arbitration fees, fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules , if you ask us in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money writing to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesdo so.
Appears in 1 contract
Sources: Deposit Account Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. The arbitration shall be administered by individual the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (▇▇▇) ▇▇▇–▇▇▇▇. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. Claims are decided by a neutral We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. Before beginning arbitrationIf We initiate arbitration against You, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAA, as selected by pay Your filing fee and all costs associated with the party electing arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims will to be resolved pursuant to this Arbitration provision and frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may not be set aside except upon the selected organization's rules limited circumstances set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. We will not elect The time for commencing an arbitration for asserting any claim you file in small claims court, so long as Claim shall be determined by reference to the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionapplicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (130) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesDAYS OF THE PURCHASE OF THIS AGREEMENT.
Appears in 1 contract
Sources: Extended Service Agreement
Arbitration. You or we may elect elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. Before beginning If you and we agree to proceed to arbitration, you or we must first send a claim notice. Claims claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 ArbitrationArbitration provisions, 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, but you or we may notify any government authority of the claim as permitted or required by law. 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-in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 1 contract
Sources: Cardmember Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to thi s Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim by individual arbitrationClaim within the jurisdiction of small claims court. Claims You acknowledge Your understanding that all Parties hereunder are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred waiving their rights to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant go to this Arbitration provision and the selected organization's rules in effect when the claim is filedcourt, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as to resolve any Claims arising under this Agreement between or among the claim Parties. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is individual and pending only in that courtcommenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or we via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may otherwise elect not be set aside except upon the limited circumstances set forth in t he Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionthe applicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (130) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesDAYS OF THE PURCHASE OF THIS AGREEMENT.
Appears in 1 contract
Sources: Firearms Extended Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitrationThis Agreement contains a pre‐dispute arbitration clause. Claims are decided by a neutral arbitrator. Before beginning arbitrationBy entering into this Agreement, you or and we must first send a claim notice. Claims will be referred agree that disputes related to either JAMS or AAA, as selected by the party electing arbitration. Claims this Agreement will be resolved pursuant as follows:
A. You and we are giving up the right to this sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
B. Arbitration provision awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
C. The ability of parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
D. The arbitrators do not have to explain the selected organization's reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
E. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
F. The rules of some arbitration forums may impose time limits for bringing a claim in effect when arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
G. The rules of the arbitration forum in which the claim is filed, except where those rules conflict with and any amendments thereto, shall be incorporated into this Agreement.
H. You agree that all controversies that may arise between us shall be determined by arbitration. If Such controversies include, but are not limited to, those involving any transaction in any of your accounts with us, or the construction, performance or breach of any agreement between us, whether entered into or occurring prior, on or subsequent to the date hereof.
I. Any arbitration pursuant to this provision shall be conducted only before FINRA or an arbitration facility provided by any exchange of which we choose are or become a member, and in accordance with the organizationrespective arbitration rules then in effect at FINRA or such exchange.
J. You may elect in the first instance whether arbitration shall be conducted before FINRA or another exchange of which we are or become a member, but if you may select fail to make such election by registered letter addressed to us at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ before the other within 30 expiration of five (5) days after receiving notice receipt of our selection. Contact JAMS or AAA a written request from us to begin an arbitration or for other information. Claims also make such election, then we may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 make such election.
K. Judgment upon the award of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award arbitrators may be entered in any court court, state or federal, having jurisdiction. At your electionNo person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre‐ dispute arbitration hearings will take place agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the federal judicial district of your residenceclass with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. You will be responsible for paying your share Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any arbitration fees (including filing, administrative, hearing or other fees), but only up rights under this Agreement except 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesextent stated herein.
Appears in 1 contract
Sources: Customer Agreement
Arbitration. i. You or we may elect to resolve any claim Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims are will be decided by a one neutral arbitratorarbitrator who
ii. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
iii. Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, as selected by if we choose one of those two organizations, you may choose the party electing other organization instead if you inform us of that choice within thirty (30) days after we elect arbitration.
iv. Claims will be resolved pursuant to this Arbitration provision section XI. and the selected organization's ’s rules in effect when the claim Claim is filed, except where those rules conflict with this Agreementsection XI. If we choose the organizationrules conflict, you may select the other within 30 days after receiving notice terms of our selectionthis Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization organization, if you and we agree in writing writing, or to an arbitrator appointed pursuant to section Section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (the “FAA”). .
v. We will not elect arbitration for any claim Claim you file in small claims court, so long as the claim Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration arbitration provision, including the right to arbitrate a claimClaim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
vi. This Arbitration arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Arbitrationlimitations of this section XI, the arbitrator may otherwise award any relief available in court. You and we agree that Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesClaim. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration Arbitration hearings will take place in the State of Connecticut or, upon your request, in the federal judicial district of your residencewhere you reside.
vii. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim litigated 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 1 contract
Sources: Bank Account Agreement
Arbitration. This Service Contract requires binding arbitration if there is an unresolved dispute between You and Us and or we may elect to resolve any claim by individual arbitration. Claims are decided by the Selling Store concerning this Service Contract (including the cost of, lack of or actual repair or replacement arising from a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAAbreakdown). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under Under this Arbitration provision, including the You give up Your right to arbitrate resolve any dispute arising from this Service Contract by a claimjudge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, without waiving any class arbitration or any consolidation of individual arbitrations. Any dispute on the right to exercise or enforce those rightsapplication of this arbitration provision will be made by the local court of law in the country and state where You live. Notwithstanding any other provision and without waiving this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the right to appeal such decision, if any portion of these Limitations on American Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision Association (other than this sentence▇▇▇.▇▇▇.▇▇▇) will not applyapply to any arbitration under this Service Contract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., Chicago, IL 60604, Attn: Law Department. This Arbitration provision demand must be made within one year of the earlier of I. The date the breakdown occurred or the dispute arose, or II. The applicable statute of limitations period if that period is governed by longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the FAAfees of the AAA and of the arbitrator. The arbitrator will apply applicable substantive law, statutes of limitations may otherwise allocate these fees. Unless otherwise agreed to by You 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 ArbitrationUs, 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residencecounty and state in which You live. You will The procedural rules for arbitration shall be responsible for paying your share of governed by the Federal Arbitration Act (9 U.S.C.A.§ 1 et. seq.) and not by any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount state law concerning arbitration. The laws 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 requeststate of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Contract and all transactions contemplated by this Service Contract, we will consider in good faith making a temporary advance of your share of any arbitration feesincluding, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationwithout limitation, the arbitrator's award will include: (1validity, interpretation, construction, performance and enforcement of this Service Contract. In the event either party files a claim(s) any money against the other, resulting in a ruling that a portion of this Service Contract is unenforceable, the portion of this Service Contract that has been ruled to which you are entitledbe unenforceable shall be severed, but and the remaining provisions shall be enforced. However, if the portion of the Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Agreement shall be unenforceable in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesits entirety.
Appears in 1 contract
Sources: Service Contract
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by The Participant hereby agrees that all claims and disputes of every type and matter between the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision Participant and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionCustodian, including the right but not limited to arbitrate a claimclaims in contract, without waiving the right tort, common law claims or alleged statutory violations, shall be submitted to exercise or enforce those rights. Notwithstanding any other provision binding arbitration with, and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAARules of, the American Arbitration Association. To initiate an appealthe extent not preempted by federal law, a party must notify Colorado law (including without limitation Colorado statutes governing trust companies) shall control during the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issuedarbitration. The Participant expressly waives any right he/ she may have to institute or conduct litigation or arbitration organization will appoint a three- arbitrator panel to decide anewin any other forum, or before any other body, whether individually, representatively or in another capacity. Arbitration is final and binding on the parties. An award rendered by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award arbitrator(s) may be entered confirmed in any court having jurisdictionjurisdiction over the parties. At your election, In an arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees)parties are entitled to a fair hearing, but only up to the amount of the filing fees you would have incurred if you had brought a claim arbitration procedures are simpler and more limited than rules applicable in court. We will be responsible for The arbitrator’s award is not required to include factual findings or legal reasoning, and any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance party’s right to appeal or to seek modification of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed rulings by the arbitrator for good causeis strictly limited. The Participant agrees to the Arbitration Statement above and to the Indemnification of the Custodian contained in the plan documents. The indemnification obligation specifically applies to claims brought by the Custodian. If the arbitrator rules Participant is married, and his or her spouse possesses a community property interest in your favor for an amount greater than any final offer we made before the final hearing in arbitrationAccount, the arbitrator's award Participant must have their spouse’s consent to name anyone but the spouse as primary beneficiary. He or she must complete the spousal consent section of the Traditional/SEP ▇▇▇ Application. If the Participant does not make a beneficiary designation, the ▇▇▇ will include: be distributed according to the default provisions of the Traditional/SEP ▇▇▇ Custodial Account Agreement. If the Participant dies, and there is a balance that remains in his or her Traditional ▇▇▇, the Account will be distributed to the Participant’s designated primary beneficiary(ies), or, if deceased, to their designated contingent beneficiary(ies). The Participant may designate as many beneficiaries as he or she wishes. Upon the Participant’s death, the Participant’s beneficiary or beneficiaries may take distributions from the ▇▇▇ over their life expectancies (1provided they make the election to do so by December 31 of the year following the year of death of the Participant), and the Participant’s beneficiaries (the first generation beneficiaries) any money may designate their own beneficiaries (the second generation beneficiaries) to which you receive the remaining amounts upon the death of the first generation beneficiaries. After the death of the Participant, if there are entitledmultiple beneficiaries and each desire to use their own life expectancy to calculate amounts that must be distributed; each beneficiary must establish a separate account pursuant to the terms described in the Traditional/ SEP ▇▇▇ Custodial Account Agreement and pursuant to Treasury Regulation 1.401(a)(9)-8 (Q&A-2). A Participant’s beneficiary designation must be on record with the Custodian prior to the Participant’s death to be considered an effective designation. If an Inherited ▇▇▇ is being established, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthese terms apply to the beneficiary establishing the Inherited ▇▇▇.
Appears in 1 contract
Sources: Custodial Account Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION.
i. Except for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration disputes that qualify for any claim you file in small claims court, so long as all disputes arising out of or related to this Agreement or any aspect of the claim is individual relationship between you and pending only Bank (or Program Manager), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court Bank and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without are each waiving the right to exercise trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by this Agreement.
i. The Consumer Arbitration Rules are available online at: ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/Consumer%20Rules.pdf.
ii. The arbitrator will conduct hearings, if any, by teleconference or enforce those rightsvideoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any other provision and without waiving of the right foregoing, nothing in this Agreement will preclude you from bringing issues to appeal such decisionthe attention of federal, state or local agencies and, if the law allows, they can seek relief against Bank for you.
iii. If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, then such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the entire contrary, the Class Action Waiver is not severable from the remainder of this Arbitration provision (other than this sentence) Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAAArbitration Provision.
i. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT USE THE CARD ACCOUNT. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees CALL +▇ (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1▇▇▇) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees▇▇▇-▇▇▇▇ TO CLOSE THE CARD ACCOUNT.
Appears in 1 contract
Sources: International Remittance and Person to Person Transfer Service Agreement
Arbitration. You Read the following arbitration provision carefully. It limits certain rights, including your right to obtain relief or we may elect to resolve any claim by individual arbitrationdamages through court action. Claims are decided by a neutral arbitrator. Before beginning arbitrationTo begin Arbitration, either you or we must first send make a claim noticewritten demand to the other party for arbitration. Claims The Arbitration will take place before a single arbitrator. It will be referred to either JAMS or administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association ("AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules ") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at ▇▇▇▇ ▇▇▇▇▇▇▇▇, except where those rules conflict with this Agreement▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ or visiting ▇▇▇.▇▇▇.▇▇▇. If we choose We will advance to you all or part of the organization, you may select fees of the other within 30 days after receiving notice AAA and of our selectionthe arbitrator. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if Unless you and we agree otherwise, the arbitration will take place in writing or to an arbitrator appointed pursuant to section 5 of the county and state where you live. The Federal Arbitration Act, 9 U.S.C. sec§ 1, et seq., will govern and no state, local or other arbitration law will apply. 1-16 (FAA)YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any claim covered by this provision. We You also agree that any arbitration proceeding will only consider your Claims. Claims by, or on behalf of, other individuals will not elect arbitration be arbitrated in any proceeding that is considering your Claims. Please refer to the STATE SPECIFIC EXCEPTIONS section of this Agreement for any claim you file added requirements in small claims court, so long as your state. In the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under event this Arbitration provisionprovision is not approved by the appropriate state regulatory agency, including and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and we specifically agree to waive and forever give up the right to arbitrate a claimtrial by jury. Instead, without waiving in the right to exercise or enforce those rights. Notwithstanding event any other provision litigation arises between you and without waiving the right to appeal us, any such decisionlawsuit will be tried before a judge, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) and a jury will not applybe impaneled or struck. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 In addition to the Limitations on Arbitrationprovisions above, the arbitrator may otherwise award any relief available in courtfollowing Protection Plans also include the following coverage benefits and limitations: MASTER PROTECTION AGREEMENT (“MPA”) SERVICE PROMISE. You In the event that we do not repair your Covered laundry, kitchen or HVAC Product on our first (1st) in-home repair attempt and we agree that the arbitration you will be confidential. You and we agree that we will not disclose without the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district use of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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 requestCovered Product, we will consider in good faith making provide you with a temporary advance of your share of any arbitration fees, one time rental reimbursement or paying for the reasonable fees of an expert appointed by the arbitrator for good causeallowance up to $50 at our sole discretion. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money To file a claim go to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ .
Appears in 1 contract
Sources: Sears Protection Agreement
Arbitration. You or we If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may elect initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim by individual that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. Claims are decided by The arbitrator shall be empowered to grant whatever relief would be available in a neutral court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Before beginning arbitrationYou understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, you or we must first send a claim notice. Claims any arbitration hearing will be referred to either JAMS or AAA, as selected held in Delaware. You understand and agree that by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with entering into this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim each party is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise a jury trial or enforce those rightsa trial before a judge in a public court. Notwithstanding any other provision and without waiving Other rights that you would have if you went to court, such as the right to appeal such decisionand to certain types of discovery, if any portion may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating your decision to evidence or discovery. Subject opt out 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 following address [address] within 30 days of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority date of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesAgreement.
Appears in 1 contract
Sources: Terms of Service
Arbitration. You This provision contains the terms of how a dispute between you and the Bank will be resolved. Please read this provision carefully since it specifically limits your rights in the event of such dispute. By this provision, at the request of you or we may elect to resolve any claim the Bank, disputes must be resolved by individual arbitration. Claims are decided by Arbitration is a neutral arbitratormeans of having an independent third party resolve a dispute without using the court system. Before beginning With arbitration, you there is no right to appeal the decision of the arbitrator as there is normally in the court system. BY THIS AGREEMENT YOU UNDERSTAND THAT EACH OF US IS WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Either of us may submit a dispute concerning this Agreement to binding arbitration at any reasonable time, notwithstanding that a lawsuit or we must first send other proceeding has been commenced. If either of us fails to submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. Any controversy or claim notice. Claims arising out of or relating to this Agreement, or the account(s) covered by this Agreement, will be referred to either JAMS or AAA, as selected settled by arbitration administered by the party electing arbitration. Claims will be resolved pursuant to this American Arbitration provision and the selected organization's Association (“AAA”) in accordance with its arbitration rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose amount in controversy exceeds the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA amount subject to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file jurisdiction in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any the award rendered by the arbitrator may be entered in any court having jurisdiction. At your electionAll statutes of limitation and rules of law that would otherwise be applicable to this Agreement, arbitration hearings will take place including those provided in the California Commercial Code, shall apply to any arbitration proceeding. To the extent that there is any variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Nothing in this “Arbitration” Section shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. AUTHORIZED SIGNERS An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits, and to otherwise transact on your account and receive account information. Merely by designating an authorized signer you do not give any ownership rights in the account. Any one of the authorized signers may sign checks or withdrawal orders and give us instructions regarding the account, including an instruction to close the account. However, if there is a conflict, we reserve the right to require all authorized signers to sign an item, withdrawal order, or other instruction on the account. Even if the authorized signers on an account change, we may continue to honor checks, withdrawal orders, and other instructions by authorized signers until we are notified in writing not to do so. BUSINESS DAYS For the purpose of this Agreement, our business days are Monday through Friday, excluding Saturdays, Sundays, and federal judicial district holidays. CASH REPORTING REQUIREMENT The Bank Secrecy Act (“BSA”), a federal law, requires all financial institutions to report currency transactions of more than $10,000 to the Financial Crimes Enforcement Network (“FinCEN”). In addition, we may report to FinCEN multiple cash transactions which together total more than $10,000 in any one day. In order to better comply with the law, we may maintain a log of all sales of Bank checks or drafls, Cashier’s Checks, money orders, gifl cards or traveler’s checks for $3,000-$10,000 in currency. We may also report to FinCEN or other government agency transactions that may be structured to avoid the reporting requirement and other transactions that appear to involve illegal activity. In order to satisfy the BSA’s requirement, we may, and, in many cases, must request certain information about the individual presenting the transaction, as well as the organization or individual for whom the transaction is being conducted. This includes the individual’s/organization’s full name, permanent street address, social security number, identification number (such as a driver’s license or passport), date of birth (if applicable), and business, occupation or professions. CHANGE OF ADDRESS OR NAME You agree to notify the Bank in writing of any change of address, including your residenceemail address (if provided), or change of name, which will be effective afler we have had a reasonable time to react. We may also change the mailing address of record we have for you if we receive an address change notice from the U.S. Postal Service. Each account holder is responsible for submitting their own signed change of address request. The address is changed only for the accounts you specify and does not affect your other account relationships with us unless you specify that you want the address changed for those accounts as well. The Bank is only required to attempt to communicate with you using the address you have provided to the Bank. If you fail to notify us of a change of address, an undeliverable statement fee may be assessed (see Business Fee Schedule for details). If sent statements or other Bank documents are returned indicating an incorrect address, and we are not notified of the new address afler 90 days, you authorize us, at our discretion, to block your account until we can verify your correct address. CHECK PRINTING We offer checks in a number of styles and at various prices. The cost of any checks purchased through us will be automatically charged to your account. See the Business Fee Schedule. If you create your own checks, or obtain them from someone else, and we cannot accurately verify your signature on an item by comparing it with an item that posted to your account, you are responsible for any losses that may result from our inability to use that check to verify your signature. You agree not to print special limitations on checks, withdrawal orders or other items drawn on your account, such as “void over $100” or “paid in full” or “void afler 90 days.” If you do print any special limitations, you agree that we are not bound by such limitations. You authorize us to pay such items without regard to the stated limitation(s). You further agree to indemnify us and hold us harmless for any claims or losses arising out of our refusal to honor said restrictions. CHECK PROCESSING We have automated collection and payment procedures. These automated procedures rely primarily on information encoded on each check or item in magnetic ink. In paying or processing an item, we may rely on the information encoded on the check’s magnetic ink character recognition (MICR) line, according to general banking standards, whether or not that information is consistent with the other information on the check. You will reimburse us for any loss or expense we incur because you issue or deposit an item containing altered or extra information in the MICR line. You agree that automated check processing is reasonable and that you have responsibility for preventing and reporting forgeries, alterations, and other unauthorized use of your account. We do not fail to exercise ordinary care by posting or paying checks without sight examination of checks. We will not be obligated to monitor items deposited to, or drawn against, accounts held by a trustee or other fiduciary to determine whether a trustee or fiduciary is acting consistently with or in breach of any fiduciary duty. When we take an item for processing by automated means, “ordinary care” does not require that we examine each item. “Ordinary care” requires only that we follow standards prevailing in the area in which we are located and that do not vary unreasonably from the general standards followed by similarly-situated financial institutions. A mere clerical error, or an honest mistake, is not considered a failure of the Bank to perform any of our obligations. The Bank’s own policies and procedures are used solely for our internal reasons and do not establish a higher standard of care for the Bank other than that which is provided by law or regulation. The Bank is not responsible for paying your share the neglect, mistake or fault of any arbitration fees (another financial institution or person, including filingfor the loss or destruction of an item or misrouting of an item in transit or in the possession of others. If a deposited item is lost or misrouted and we gave you provisional credit for that item, administrative, hearing or other fees), but only up to you agree that we may charge back the amount of the filing fees you would item to your account if we do not receive payment for the item, even if the item is not timely returned. CHECKS PRESENTED IN PERSON FOR PAYMENT BY A NON-AC- COUNT ▇▇▇▇▇▇ If an item drawn against your account is presented for payment in person for payment by a payee who is not an account holder of the Bank, the Bank may charge a fee to the person presenting the check as a condition for cashing the check. See the Business Fee Schedule. The Bank may also require identification acceptable to the Bank and not prohibited by law, including a fingerprint of the person presenting the check or other fraud prevention methods. You agree that the Bank may refuse to honor payment for checks presented for payment in person by a non-account holder, if the person refuses to pay the fee or provide the identification requested by the Bank. You agree that none of the foregoing will be deemed to be wrongful dishonor by us. CHOICE OF LAW Except as stated herein or as otherwise may be required by applicable law, the provisions of this Agreement are governed by the bylaws of the Bank, federal laws and regulations, the laws and regulations of the State of California (excluding choice of law rules), and applicable local clearinghouse rules, as amended from time to time. In addition, our rights under this Agreement may be limited by laws, rules or regulations; to the extent this is so, this Agreement is modified to the extent needed to prevent representing that a transaction confers or involves rights, remedies, or obligations which we do not have incurred or which are prohibited by law. CLOSING OR SUSPENDING ACCOUNTS The Bank may, at any time and in our sole discretion, close or suspend your account or any service we are providing to you. We may do so for cause or without cause. We may deliver the balance afler an account is closed by any means chosen by us, including mailing a check for the balance by U.S. Postal Service, sent postage prepaid, to your last address as shown on our records. We may remit the balance by check payable to the name on the account as shown on our records, even if you had brought a claim in courtcontrary evidence of account ownership has been given to us. We will provide you with notice before or afler taking this action, unless prior notice is required by law, in which case we will provide you with such notice as is required by law. For example, we may close your account if your balance falls to zero, without advance notice. Except to the extent otherwise agreed with us, you may close your account at any time upon notice to us, unless your account has a scheduled maturity date, subject to any applicable early withdrawal penalty. You will remain liable for the payment of accrued fees on the account and for checks in the process of collection, as well as any other obligations relating to actions or inaction prior to account closure. If you close an account, it may be responsible subject to accrued or prorated fees or charges. You agree to reimburse us immediately upon request for any additional arbitration feesoverdrafls that arise afler an account is closed, whether closed by you or by us. We may honor any account holder’s or authorized signer’s request to close or suspend an account or transaction. At your written requestour discretion, we may require the signatures of all account holders and/or authorized signers before permitting the withdrawal of funds or the closing or suspension of an account. Without limiting any of the foregoing, you authorize us, in our sole discretion, to “freeze” or place a hold on the balance in your account(s) at the Bank if we suspect that there is irregular activity or we receive conflicting instructions involving your account(s). Should the Bank place a “freeze” on your account(s) to reasonably investigate our concerns, you agree that we shall not be liable to you for any claims you might have, including but not limited to claims of wrongful dishonor. We may dishonor any check, withdrawal order, item or transaction presented for payment afler an account is closed or frozen by you or by us. At our option, we may honor checks, withdrawal orders, items or transactions afler an account is closed or frozen if the transaction was guaranteed by us under any check guarantee program or was part of an electronic fund transfer system, if you fail to place a stop payment order for any outstanding checks or other items or if we otherwise elect to honor the transaction in our discretion. You shall remain responsible and liable for such checks, items, and transactions. If an interestbearing account is closed for any reason before accrued interest is actually paid, interest may not be paid for the last interest period. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS You agree to comply with all laws, rules, and regulations applicable to you, to your activities and to your use of our services. This includes your agreement to comply with (to the extent applicable to you and your actions) federal anti-money laundering laws, sanctions laws administered by the Office of Foreign Assets Control, currency transaction or Bank Secrecy Act reporting and recordkeeping requirements, and any state counterpart of the same. You must inform us about and disclose to us the identity of all persons who have a beneficial interest in you (if you are a non-natural person) and in your transactions. You represent and warrant that you will consider not use, and agree not to use, your account or any service we provide to you for any unlawful purpose. For example, you represent, warrant and agree not to accept or make payments in good faith making connection with the participation of any person (including yourself) in unlawful Internet gambling. You acknowledge that “restricted transactions” (as defined in the Unlawful Internet Gambling Enforcement Act and its implementing regulations) are prohibited from being processed through your accounts or your relationships with us. We reserve the right to deny transactions or authorization from merchants apparently engaging in the Internet gambling business or identifying themselves through card transaction records or otherwise as engaged in that or any other illegal or improper business. Further, we reserve the right to block or close any account which we believe may be involved in any such restricted transactions. You represent and warrant that you are not, and you agree to take no action that would result in your being deemed or treated as, a temporary advance money service business under any applicable state or federal law, except to the extent that you have specifically and in writing previously informed us that you are a money service business. You covenant, and represent and warrant that the foregoing is true and correct, as of the opening of your share account and again each time you make a deposit or withdrawal or otherwise use a service offered by us. You agree to provide us with evidence showing that you are in compliance with the above, reasonably satisfactory to us, upon our request. CONVERTING ACCOUNT AND REVOKING PRIVILEGES Without limiting our ability to close your account, we may alternatively convert your account to another type of any arbitration feesaccount or revoke privileges when we consider it appropriate or necessary to do so. For example, we may revoke privileges, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in convert your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money account to which another account type if you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.make frequent transactions on a mon
Appears in 1 contract
Sources: Business Deposit Account Agreement
Arbitration. You and we agree that upon the election of either of us, any dispute relating in any way to your Card, account or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims transactions will be resolved by binding arbitration as discussed below, and not through litigation in any court (except for matters in small claims court). This arbitration agreement is entered into pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (“FAA”). We will not elect YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT. Claims or disputes between you and us about your account, Card, other transactions and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement or the advertising, the application for, or the approval or establishment of your Card are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist or may arise in the future. All such claims or disputes are referred to in this section as “Claims.” The only exception to arbitration for any claim of Claims is that both you file and we have the right to pursue a Claim in a small claims courtcourt instead of arbitration, so long as if the claim Claim is individual and pending only in that court’s jurisdiction and proceeds on an individual basis. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including have the right to opt out of this agreement to arbitrate a claimif you tell us within 60 days of your Card being issued. If you want to opt out, without waiving the right call us at ▇-▇▇▇-▇▇▇-▇▇▇▇. Otherwise this agreement to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator arbitrate will apply applicable substantive lawwithout limitation, statutes regardless of limitations and privilegeswhether 1) your Card is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The arbitrator will not apply any federal or state rules of civil procedure or evidence Claims 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 proceed on an individual basis, on behalf of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by lawnamed parties only. 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 hearingYOU AND WE AGREE NOT TO:
1. At any party's request, the arbitrator will provide a brief written explanation of the awardSEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING;
2. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS (including filing, administrative, hearing or other feesEXCEPT FOR CLAIMANTS WHO ARE ON THE SAME ACCOUNT), 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.UNLESS ALL PARTIES AGREE;
Appears in 1 contract
Arbitration. Please read this arbitration provision carefully. It affects Your rights. Most of your concerns about this Protection Agreement can be addressed by contacting the Administrator at [▇-▇▇▇-▇▇▇-▇▇▇▇]. If We cannot resolve any disputes with You related to this Protection Agreement, including Claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Protection Agreement is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Protection Agreement. By purchasing this Protection Agreement You agree to the following dispute resolution protocol. Any and all claims, disputes, or controversies of any nature whatsoever or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with (1) this Protection Agreement or any prior Agreement or product, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Agreement (“Dispute”), shall be resolved by binding arbitration before a single arbitrator All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Dispute is filed. The terms of this provision shall control any inconsistency between the AAA’s Rules and this provision. You may obtain a copy of the AAA’s Rules by calling [▇-▇▇▇-▇▇▇-▇▇▇▇]. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAAresponsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, as reasoned findings of fact and conclusion of law. The arbitration shall be held at a location selected by Us with the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules state in effect when the claim is filed, except where those rules conflict with which You purchased this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice This provision is part of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may a transaction involving interstate commerce and shall be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of governed by the Federal Arbitration Act, 9 U.S.C. secI.S.C § et. 1-16 (FAA)Seq. We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on Arbitration this provision is deemed invalid or unenforceable, then it shall not invalidate the entire Arbitration remaining portions of the provision, except that in no event shall this provision (be modified or construed to permit or mandate arbitration on behalf of a class of claimants or individuals other than this sentence) will not applyYou, or to apply to Dispute other than Yours. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 shall inure to the Limitations benefit of and be binding on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that Us and its provision shall continue in full force and effect subsequent to and notwithstanding the arbitration will be confidential. You and we agree that we will not disclose the content expiration of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority termination of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesAgreement.
Appears in 1 contract
Sources: Protection Agreement
Arbitration. 24.1 You and the Company are agreeing to give up any rights to litigate claims in a court or we before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may elect to resolve any claim by individual also be unavailable or may be limited in arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationAny claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or we must first send a claim notice. Claims will be referred relating in any way to either JAMS or AAAyour use of the Website, as selected by the party electing arbitration. Claims will be resolved pursuant to this exclusively and finally by binding arbitration.
24.2 Arbitration provision and Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the selected organization's arbitration under its rules available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, then in effect when the claim is filedeffect, except where those rules conflict with as modified by this AgreementSection 24. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the The Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We Act will not elect arbitration for any claim you file in small claims court, so long as govern the claim is individual interpretation and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under enforcement of this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAASection 24. The arbitrator will apply applicable substantive lawhave exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, statutes of limitations and privilegesincluding any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will not apply be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any federal or state rules court of civil procedure or evidence in matters relating to evidence or discoverycompetent jurisdiction. Subject to If you prevail on any claim that affords the Limitations on Arbitrationprevailing party legal fees, the arbitrator may otherwise award any relief available reasonable fees to you under the standards for fee shifting provided by law.
24.3 You may elect to pursue your claim in court. You and we agree that the small-claims court rather than arbitration will be confidential. You and we agree that we will not disclose the content if you provide us with written notice of your intention do so within 60 days of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. If date 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issuedarose. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any or small-claims court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You proceeding will be responsible for paying limited solely to your share individual dispute or controversy.
24.4 You agree to an arbitration on an individual basis. In any dispute, neither you nor
24.5 If any provision of any arbitration fees (including filingthis Section 24 is found unenforceable, administrative, 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 unenforceable provision will be responsible for any additional severed, and the remaining arbitration fees. At your written request, we terms will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesbe enforced.
Appears in 1 contract
Sources: Terms of Service
Arbitration. You or and we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant agree to this Arbitration provision (the “Arbitration Provision”). This Arbitration Provision significantly affects your rights in any dispute with us. Please read this Arbitration Provision carefully before you sign this Lease. EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION PROVISION EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.EITHERPARTY'SDECISION TOARBITRATESHALLBEBINDING UPONTHEOTHERPARTY IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US. THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this arbitration provision and the arbitrability of any issue), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to this Lease or any resulting relationship (including any such relationship with third parties who do not sign this Arbitration Provision, such as an assignee of the Lease) shall, at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. This is called the “Class Action Waiver.” Youmay choose the applicable rules of either the American Arbitration Association (“AAA”), JAMS, or another arbitration organization, subject to our approval. We waive the right to require you to arbitrate an individual claim if the amount you seek to recover qualifies as a small claim under applicable law. You may obtain a copy of the rules of the AAA by visiting its website (▇▇▇.▇▇▇.▇▇▇) or of JAMS by visiting its website (▇▇▇.▇▇▇▇▇▇▇.▇▇▇). You can also refer to the websites to learn how to file for arbitration. The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules of the chosen arbitration organization's . The arbitrator shall apply substantive governing law and the applicable statute of limitations. The arbitration award shall be in writing. The arbitration hearing shall be conducted in the federal district in which you reside, or such other place convenient to you as required by the rules in effect when of the claim is filed, except where those rules conflict with this Agreementchosen arbitration organization. If we choose the organizationyou demand arbitration first, you may select will pay the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another filing fee if the chosen arbitration organization if you requires it.We will advance and/or pay your filing, administration, service or case management fee and we agree in writing your arbitrator or hearing fee all up to an arbitrator appointed pursuant a maximum of $2000, unless the law or the rules of the chosen arbitration organization require us to section 5 of pay more. The arbitrator’s award shall be final and binding on all parties. There shall be a limited right to appeal to the extent allowed by the Federal Arbitration Act. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law.Each party shall be responsible for its own attorney, 9 U.S.C. secexpert and other fees, unless awarded by the arbitrator under applicable law. 1-16 (FAA). We will not elect arbitration for any claim Neither you file in small claims court, so long as the claim is individual and pending only in that court. You or nor we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including waive the right to arbitrate by exercising selfhelp remedies, filing suit, or seeking or obtaining provisional remedies from a claim, without waiving court. Judgment on the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed award rendered by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your electionIf any part of this Arbitration Provision other than the Class Action Waiver is found by a court or arbitrator to be unenforceable, arbitration hearings will take place in the federal judicial district of your residence. You will remainder shall be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good causeenforceable. If the Class Action Waiver is found by a court or arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationto be unenforceable, the arbitrator's award will include: (1) remainder of this Arbitration Provision shall be unenforceable. This Arbitration Provision shall survive the termination of any money to which contractual agreement between you are entitledand us, but whether by default or repayment in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesfull.
Appears in 1 contract
Sources: Lease Agreement
Arbitration. You Either you or we may elect choose to resolve have any claim dispute arising under this Note resolved by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by binding arbitration under the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules then in effect when of the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the American Arbitration Association (“AAA”) or any other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you choose and that we agree approve in writing or to an arbitrator appointed pursuant to section 5 (“the Arbitration Organization”). The arbitration shall be conducted under the then current rules of the Arbitration Organization and is governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not Either of us may elect arbitration for any claim you file to arbitrate even if an action has been filed in small claims court, so long as the claim is individual and pending only in no judgment has been rendered; provided however, that court. You or we may otherwise will not elect to arbitrate any individual claim (as opposed to any class action claim), not including any counter-claims, you bring against us with a total amount in controversy of $10,000 or less. A single arbitrator shall hold the arbitration hearing at any time unless it has been filed a location near where you signed this Note (or, if you have since moved, in court the federal judicial district where you live). The arbitrator shall apply applicable law. The arbitrator's award shall be final and trial has begun or final judgment has been enteredbinding on all parties, except that in the event of an award in excess of $100,000, the nonprevailing party may request a new arbitration under Arbitration Organization’s rules by a three-arbitrator panel. Either party may enter judgment on the award in the highest local, state or federal court or before any administrative body. We agree to pay any initial filing fee you may owe should you choose to arbitrate. Additionally, we agree for only the first day of arbitration to pay the following fees up to a maximum of $2500 in the aggregate: the arbitrator’s fee, those reasonable arbitration expenses or we may delay enforcing or costs (excluding attorney fees) assessed to you that you would not exercise rights under this Arbitration provisionpay if you had brought a dispute in court, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding and any other reasonable expense or cost unique to the arbitration process. We will also pay other amounts an arbitrator determines that we must pay in order to assure the enforceability of this arbitration provision. This arbitration provision shall survive termination or expiration of this Note. NO CLASS ACTION ARBITRATION MAY BE BROUGHT OR ORDERED UNDER THIS ARBITRATION PROVISION AND THERE SHALL BE NO JOINDER OF PARTIES, EXCEPT FOR JOINDER OF PARTIES TO THIS NOTE. IF EITHER YOU OR WE CHOOSE TO ARBITRATE, THE FOLLOWING WARNINGS APPLY: ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION; YOU WILL GIVE UP THE RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR BE EXAMINED WILL BE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT; AND, YOUR RIGHTS TO APPEAL OR CHANGE AN ARBITRATION AWARD IN COURT WILL BE VERY LIMITED. You and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than we agree that this sentence) will not applyNote evidences a transaction in interstate commerce. This Arbitration provision is governed by the FAAFederal Arbitration Act, 9 U.S.C. §§ 1 et seq. and not by any state arbitration law. only if it is signed by the borrower and all co-borrowers and the envelope the rejection is sent in has a postmark of 14 days or less after the date of this Note. The arbitrator will apply applicable substantive law, statutes rejection of limitations and privileges. The arbitrator this arbitration provision will not apply affect any federal other provision of this Note or state rules the status of civil procedure or evidence in matters relating to evidence or discoveryyour Note. Subject to the Limitations on ArbitrationIf you don’t reject this arbitration provision, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration it will be confidential. You and we agree that we will not disclose the content effective as of the arbitration proceeding or its outcome to anyonedate of this Note. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL BE LIMITED TO AMOUNTS PAID BY THE DEBTOR HEREUNDER. IMPORTANT: THE TERMS AND CONDITIONS ON PAGES 2, but you or we may notify any government authority of the claim as permitted or required by law3 AND 4 OF THIS DOCUMENT ARE PART OF THIS NOTE. If your claim is for $10,000 or lessREAD THESE TERMS AND CONDITIONS BEFORE SIGNING BELOW. YOU ACKNOWLEDGE THAT THIS NOTE CONTAINS AN ARBITRATION CLAUSE, 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesAND THAT YOU HAVE READ THE CLAUSE AND UNDERSTAND AND AGREE TO IT.
Appears in 1 contract
Arbitration. You If you are a consumer in the EEA or we may elect United Kingdom (UK), Section 11 doesn't apply to you. For any dispute you have with us, you agree to first contact us and try to resolve the dispute informally. To the extent permitted by law, neither party may initiate any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning legal proceeding—whether in court, arbitration, or any other forum—until the Notice of Dispute and Informal Dispute Resolution processes described below are completed. Nothing in this Section, however, will prevent either you or we us from seeking temporary injunctive relief in court (or in arbitration) to preserve the status quo or to help enforce this arbitration clause at the outset of any dispute. A party with a dispute must first send us a claim noticeNotice of Dispute, which must include your full name; your Kaboo profile name; the email address associated with your Kaboo account; your country of residence and, if you are a U.S. resident, your state of residence; your counsel, if you are represented by counsel; a detailed description of both the dispute and the alleged harm; and your signature. Claims That information should be emailed to ▇▇▇▇▇@▇▇▇▇▇.▇▇▇. The notice can only be sent on behalf of an individual party; a Notice of Dispute that asserts the rights of more than one party is ineffective. After receiving the Notice of Dispute, ▇▇▇▇▇ will be referred respond within 60 days to attempt to resolve the dispute amicably. After the 60-day period has elapsed, either JAMS or AAA, as selected by the party electing may initiate arbitration. Claims will be resolved pursuant Arbitration is a more informal way to this Arbitration provision and the selected organization's rules resolve our disagreements than a lawsuit in effect when the claim is filed, except where those rules conflict with this Agreementcourt. If we choose the organizationBy accepting these Terms, you may select agree that the other within 30 days after receiving notice U.S. Federal Arbitration Act governs the interpretation and enforcement of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if this Section, and that you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without Kaboo are each waiving the right to exercise a trial by jury or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAparticipate in a class action. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Any arbitration will apply be administered by the American Arbitration Association ("AAA") under the applicable substantive lawrules then in effect for the AAA. If the AAA rules conflict in any way with these Terms, statutes of limitations and privilegesthe Terms will govern. You can find AAA’s forms at ▇▇▇.▇▇▇.▇▇▇. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discoveryshall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. 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, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely A judgment on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any ’s award may be entered in any court having of competent jurisdiction. At your electionWhere the AAA’s Consumer Arbitration Rules apply, if the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration hearings will take place to that party. All disputes must be brought in the federal judicial district of your residenceparty's individual capacity, and not as a member in any class or representative proceeding. You agree that, by entering into these Terms, you are waiving the right to a trial by jury or to participate in a class action. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute isn’t arbitrable under applicable laws or otherwise, you agree that the dispute will be responsible for paying your share resolved exclusively in accordance with Section 12 of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthese Terms.
Appears in 1 contract
Sources: Terms of Service
Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT. Notwithstanding the foregoing, You have the right to opt out of this Agreement to arbitrate by providing written notice of your intention to do so to Administrator via certified mail within thirty days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes, or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes, and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim by individual arbitrationClaim within the jurisdiction of small claims court. Claims You acknowledge Your understanding that all Parties hereunder are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred waiving their rights to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant go to this Arbitration provision and the selected organization's rules in effect when the claim is filedcourt, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate resolve any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights Claims arising under this Arbitration provision, including Agreement between or among the right to arbitrate a claim, without waiving the right to exercise or enforce those rightsParties. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed The arbitration shall be administered by the FAAAmerican Arbitration Association (“AAA”). The arbitrator will apply applicable substantive law, statutes of 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 shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award governed pursuant to the FAA. To initiate an appeal, a party must notify AAA Consumer Arbitration Rules (the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued“Code”). The arbitration organization will appoint occur before a three- single, neutral arbitrator panel selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to decide anewattend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, by majority vote based on written submissionsthe closest AAA location to Your residence, any aspect of or via telephone. For information about how to initiate arbitration with the decision objected to. The appeal will otherwise proceed pursuant AAA, the Parties shall refer to the arbitration organization's appellate rulesAAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be Each Party is responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the their own 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness expenses associated with an arbitration, including attorney’s fees.
Appears in 1 contract
Sources: Extended Service Agreement
Arbitration. You or we a. Either party may elect to resolve any claim Claim by individual binding arbitration. Claims are will be decided by one neutral arbitrator who will be a neutral retired judicial officer or an attorney with at least 10 years of experience. If both parties agree, we may select another person with different qualifications.
b. If arbitration is chosen by any party, neither will have the right to litigate that claim in court or have a jury trial on that claim. Further, neither party will have the right to participate in a representative capacity or as a member of any class pertaining to that claim. Arbitration procedures are generally simpler than court rules, and discovery is more limited. Other rights available in court may not be available in arbitration. The arbitrator. ’s decisions are final and binding, and subject to limited review by a court.
c. Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, as selected by if we select the party electing organization, you may choose the other organization if you inform us of that choice within thirty days after we elect arbitration. Claims may be referred to another organization, if both parties agree in writing or an arbitrator is appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).
d. Claims will be resolved pursuant to this Arbitration provision section and the selected organization's ’s rules in effect when the claim Claim is filed, except where those rules conflict with this Agreement. If we choose the organizationrules conflict, you may select the other within 30 days after receiving notice terms of our selectionthis Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). .
e. We will not elect arbitration for any claim Claim you file in small claims court, so long as court if the claim Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time time, unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing Delay of enforcement or not exercise exercising rights under this Arbitration provision, including the right to arbitrate a claim, without waiving arbitration provision does not waive the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. .
f. This Arbitration arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations 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 Arbitrationlimitations of this section, the arbitrator may otherwise award any relief available in court. You and we agree that Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesClaim. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration hearings .
g. We will take place pay any fees charged by JAMS or AAA in the federal judicial district of your residenceconnection with any Claims. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees costs that you would have incurred if you had brought incur in connection with any Claim.
h. If we make a claim in court. We will be responsible for any additional arbitration fees. At your final written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by settlement offer before the arbitrator for good cause. If is selected and the arbitrator rules in your favor for an amount greater than any that final offer, or if we do not make a final written settlement offer we made before the final hearing arbitrator is selected and the arbitrator rules in arbitrationyour favor on the merits of your Claim, then the arbitrator's award will include: (1i) any money to which you are entitled, but in no case less than $5,00010,000; (ii) twice the amount of your reasonable attorneys' fees or the amount of attorneys’ fees to which you are entitled under applicable law, whichever is greater; and (2iii) any reasonable attorneys' fees, your costs and for expert and other witness fees. If we prevail in arbitration, we will not seek recovery of attorneys’ fees even if permitted under applicable law.
i. Please note that if you do not want this arbitration provision to apply to you, you must opt-out as provided below. Even if you have previously opted-out of arbitration for a different product or service offered by Fruitful, you must separately opt out of this arbitration provision if you do not want it to apply to you because ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA manages your arbitration opt-out at the product or service level.
Appears in 1 contract
Sources: Deposit Account Agreement
Arbitration. You Except for our claims against you for indemnification or we may elect actions seeking to resolve enjoin you from using any of our Intellectual Property (including the Brand Mark) or the Choice- Related Words in violation of this Agreement or any other related agreements (including the ChoiceAdvantage Software Terms of Use), any controversy or claim arising out of or relating to this Agreement or any other related agreements, or the breach of this Agreement or any other related agreements, including any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationthat this Agreement or any part of this Agreement or any related agreements is invalid, illegal, or otherwise voidable or void, as well as any claim that we violated any laws in connection with the execution or enforcement of this Agreement or any related agreements and any claim for declaratory relief, will be sent to final and binding arbitration in the state of Maryland before either the American Arbitration Association, J.A.M.S., or National Arbitration Forum in accordance with the Commercial Arbitration Rules of the American Arbitration Association, including its rules for emergency measures of protection, except to the extent that the Commercial Rules of the American Arbitration Association may be interpreted to require you or we must first send us to produce documents, witnesses, or information at a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when time other than at a hearing on the claim without our mutual consent. In the event more than one demand for arbitration is filed, except where those rules conflict filed in connection with this Agreement. If we choose Agreement or any related agreements, the organizationdemand filed with the American Arbitration Association, you may select the other within 30 days after receiving notice of our selection. Contact JAMS J.A.M.S., or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you National Arbitration Forum office having jurisdiction over Maryland proceedings shall take precedence, and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision demand shall be withdrawn and without waiving presented in the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAMaryland filing. The arbitrator will apply applicable the substantive lawlaws of Maryland, statutes without reference to its conflict of limitations laws provision, except that nothing herein shall be construed to establish independently your right to pursue claims under Maryland’s Franchise Registration and privilegesDisclosure Law. 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 Judgment 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your electionIf any party fails to appear at any properly noticed arbitration proceeding, an award may be entered against the party, notwithstanding its failure to appear. Any arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of conducted at our headquarters office in Maryland and the parties agree that any state laws attempting to prohibit arbitration fees (including filing, administrative, hearing in Maryland are pre-empted by the Federal Arbitration Act. Nothing in this Section 21 will be construed as requiring you or other fees), but only up us to the amount of the filing fees you would have incurred if you had brought make a claim in court. We will be responsible for arbitration before exercising any additional arbitration fees. At your written request, rights you or we will consider may have to give notice of default or termination in good faith making a temporary advance accordance with the terms of your share of this Agreement or any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesrelated agreements.
Appears in 1 contract
Sources: Franchise Agreement
Arbitration. You Subject to the terms of this Arbitration Agreement, you agree that if you have a dispute or we claim that has arisen or may elect arise between you and us (which, for the purposes of this Arbitration Agreement, includes Current) or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Card, your Card Account, or services provided under this Agreement, any advertising, any communications, and any aspect of the relationship or transactions between you and us, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”), and you are not able to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationthe Dispute informally, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree that upon demand by you, us, or any other Indemnified Party, the Dispute will be resolved exclusively through final and binding arbitration, rather than a court, in writing or to an arbitrator appointed pursuant to section 5 accordance with the terms of the Federal this Arbitration ActAgreement. However, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim as provided below, you file may assert individual Disputes in small claims court, so long as the claim is individual if your Dispute qualifies and pending only remains in that small claims court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under Further, this Arbitration provisionAgreement does not preclude you from bringing issues to the attention of federal, including state, or local agencies, and such agencies can, if the right to arbitrate a claimlaw allows, without seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and we are each waiving the right to exercise a trial by jury or enforce those rightsto participate in a class action. Notwithstanding any other provision and without waiving the right to appeal such decisionYour rights will be determined by a neutral arbitrator, if any portion of these Limitations on Arbitration is deemed invalid not a judge or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAjury. The arbitrator will apply applicable substantive lawFederal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. For the avoidance of doubt, statutes “Dispute” in the context of limitations and privileges. The arbitrator will not apply this Arbitration Agreement shall also include Disputes that arose or involve facts occurring before the effective date of this Agreement (including during 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 prior versions of the arbitration proceeding or its outcome to anyone, but you or we Agreement) as well as Disputes that may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days arise after the arbitrator's award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect termination of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Agreement.
Appears in 1 contract
Sources: Credit Card Agreement
Arbitration. You This provision contains the terms of how a dispute between you and the Bank will be resolved. Please read this provision carefully since it specifically limits your rights in the event of such dispute. By this provision, at the request of you or we may elect to resolve any claim the Bank, disputes must be resolved by individual arbitration. Claims are decided by Arbitration is a neutral arbitratormeans of having an independent third party resolve a dispute without using the court system. Before beginning With arbitration, you there is no right to appeal the decision of the arbitrator as there is normally in the court system. BY THIS AGREEMENT YOU UNDERSTAND THAT EACH OF US IS WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Either of us may submit a dispute concerning this Agreement to binding arbitration at any reasonable time, notwithstanding that a lawsuit or we must first send other proceeding has been commenced. If either of us fails to submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. Any controversy or claim notice. Claims arising out of or relating to this Agreement, or the account(s) covered by this Agreement, will be referred to either JAMS or AAA, as selected settled by arbitration administered by the party electing arbitration. Claims will be resolved pursuant to this American Arbitration provision and the selected organization's Association (“AAA”) in accordance with its arbitration rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose amount in controversy exceeds the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA amount subject to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file jurisdiction in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any the award rendered by the arbitrator may be entered in any court having jurisdiction. At your electionAll statutes of limitation and rules of law that would otherwise be applicable to this Agreement, arbitration hearings will take place including those provided in the California Commercial Code, shall apply to any arbitration proceeding. To the extent that there is any variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Nothing in this “Arbitration” Section shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. AUTHORIZED SIGNERS An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits, and to otherwise transact on your account and receive account information. Merely by designating an authorized signer you do not give any ownership rights in the account. Any one of the authorized signers may sign checks or withdrawal orders and give us instructions regarding the account, including an instruction to close the account. However, if there is a conflict, we reserve the right to require all authorized signers to sign an item, withdrawal order, or other instruction on the account. Even if the authorized signers on an account change, we may continue to honor checks, withdrawal orders, and other instructions by authorized signers until we are notified in writing not to do so. BUSINESS DAYS For the purpose of this Agreement, our business days are Monday through Friday, excluding Saturdays, Sundays, and federal judicial district holidays. CASH REPORTING REQUIREMENT The Bank Secrecy Act (“BSA”), a federal law, requires all financial institutions to report currency transactions of more than $10,000 to the Financial Crimes Enforcement Network (“FinCEN”). In addition, we may report to FinCEN multiple cash transactions which together total more than $10,000 in any one day. In order to better comply with the law, we may maintain a log of all sales of bank checks or drafts, ▇▇▇▇▇▇▇’s Checks, money orders, gift cards or traveler’s checks for $3,000-$10,000 in currency. We may also report to the FinCEN or other government agency transactions that may be structured to avoid the reporting requirement and other transactions that appear to involve illegal activity. In order to satisfy the BSA’s requirement, we may, and, in many cases, must request certain information about the individual presenting the transaction, as well as the organization or individual for whom the transaction is being conducted. This includes the individual’s/organization’s full name, permanent street address, social security number, identification number (such as a driver’s license or passport), date of birth (if applicable), and business, occupation or professions. CHANGE OF ADDRESS OR NAME You agree to notify the Bank in writing of any change of address, including your residenceemail address (if provided), or change of name, which will be effective after we have had a reasonable time to react. We may also change the mailing address of record we have for you if we receive an address change notice from the U.S. Postal Service. Each account holder is responsible for submitting their own signed change of address request. The address is changed only for the accounts you specify and does not affect your other account relationships with us unless you specify that you want the address changed for those accounts as well. The Bank is only required to attempt to communicate with you using the address you have provided to the Bank. If you fail to notify us of a change of address, an undeliverable statement fee may be assessed (see Consumer Fee Schedule for details). If sent statements or other Bank documents are returned indicating an incorrect address, and we are not notified of the new address after 90 days, you authorize us, at our discretion, to block your account until we can verify your correct address. CHECK PRINTING We offer checks in a number of styles and at various prices. The cost of any checks purchased through us will be automatically charged to your account. See the Consumer Fee Schedule. If you create your own checks, or obtain them from someone else, and we cannot accurately verify your signature on an item by comparing it with an item that posted to your account, you are responsible for any losses that may result from our inability to use that check to verify your signature. You agree not to print special limitations on checks, withdrawal orders or other items drawn on your account, such as “void over $100” or “paid in full” or “void after 90 days.” If you do print any special limitations, you agree that we are not bound by such limitations. You authorize us to pay such items without regard to the stated limitation(s). You further agree to indemnify us and hold us harmless for any claims or losses arising out of our refusal to honor said restrictions. CHECK PROCESSING We have automated collection and payment procedures. These automated procedures rely primarily on information encoded on each check or item in magnetic ink. In paying or processing an item, we may rely on the information encoded on the check’s magnetic ink character recognition (MICR) line, according to general banking standards, whether or not that information is consistent with the other information on the check. You will reimburse us for any loss or expense we incur because you issue or deposit an item containing altered or extra information in the MICR line. You agree that automated check processing is reasonable and that you have responsibility for preventing and reporting forgeries, alterations, and other unauthorized use of your account. We do not fail to exercise ordinary care by posting or paying checks without sight examination of checks. We will not be obligated to monitor items deposited to, or drawn against, accounts held by a trustee or other fiduciary to determine whether a trustee or fiduciary is acting consistently with or in breach of any fiduciary duty. When we take an item for processing by automated means, “ordinary care” does not require that we examine each item. “Ordinary care” requires only that we follow standards prevailing in the area in which we are located and that do not vary unreasonably from the general standards followed by similarly-situated financial institutions. A mere clerical error, or an honest mistake, is not considered a failure of the Bank to perform any of our obligations. The Bank’s own policies and procedures are used solely for our internal reasons and do not establish a higher standard of care for the Bank other than that which is provided by law or regulation. The Bank is not responsible for paying your share the neglect, mistake or fault of any arbitration fees (another financial institution or person, including filingfor the loss or destruction of an item or misrouting of an item in transit or in the possession of others. If a deposited item is lost or misrouted and we gave you provisional credit for that item, administrative, hearing or other fees), but only up to you agree that we may charge back the amount of the filing fees you would item to your account if we do not receive payment for the item, even if the item is not timely returned. CHECKS PRESENTED IN PERSON FOR PAYMENT BY A NON-ACCOUNT HOLDER If an item drawn against your account is presented for payment in person for payment by a payee who is not an account holder of the Bank, the Bank may charge a fee to the person presenting the check as a condition for cashing the check. See the Consumer Fee Schedule. The Bank may also require identification acceptable to the Bank and not prohibited by law, including a fingerprint of the person presenting the check or other fraud prevention methods. You agree that the Bank may refuse to honor payment for checks presented for payment in person by a non-account holder, if the person refuses to pay the fee or provide the identification requested by the Bank. You agree that none of the foregoing will be deemed to be wrongful dishonor by us. CHOICE OF LAW Except as stated herein or as otherwise may be required by applicable law, the provisions of this Agreement are governed by the bylaws of the Bank, federal laws and regulations, the laws and regulations of the State of California (excluding choice of law rules), and applicable local clearinghouse rules, as amended from time to time. In addition, our rights under this Agreement may be limited by laws, rules or regulations; to the extent this is so, this Agreement is modified to the extent needed to prevent representing that a transaction confers or involves rights, remedies, or obligations which we do not have incurred or which are prohibited by law. CLOSING OR SUSPENDING ACCOUNTS The Bank may, at any time and in our sole discretion, close or suspend your account or any service we are providing to you. We may do so for cause or without cause. We may deliver the balance after an account is closed by any means chosen by us, including mailing a check for the balance by U.S. Postal Service, sent postage prepaid, to your last address as shown on our records. We may remit the balance by check payable to the name on the account as shown on our records, even if you had brought a claim in courtcontrary evidence of account ownership has been given to us. We will provide you with notice before or after taking this action, unless prior notice is required by law, in which case we will provide you with such notice as is required by law. For example, we may close your account if your balance falls to zero, without advance notice. Except to the extent otherwise agreed with us, you may close your account at any time upon notice to us, unless your account has a scheduled maturity date, subject to any applicable early withdrawal penalty. You will remain liable for the payment of accrued fees on the account and for checks in the process of collection, as well as any other obligations relating to actions or inaction prior to account closure. If you close an account, it may be responsible subject to accrued or prorated fees or charges. You agree to reimburse us immediately upon request for any additional arbitration feesoverdrafts that arise after an account is closed, whether closed by you or by us. We may honor any account holder’s or authorized signer’s request to close or suspend an account or transaction. At your written requestour discretion, we may require the signatures of all account holders and/or authorized signers before permitting the withdrawal of funds or the closing or suspension of an account. Without limiting any of the foregoing, you authorize us, in our sole discretion, to “freeze” or place a hold on the balance in your account(s) at the Bank if we suspect that there is irregular activity or we receive conflicting instructions involving your account(s). Should the Bank place a “freeze” on your account(s) to reasonably investigate our concerns, you agree that we shall not be liable to you for any claims you might have, including but not limited to claims of wrongful dishonor. We may dishonor any check, withdrawal order, item or transaction presented for payment after an account is closed or frozen by you or by us. At our option, we may honor checks, withdrawal orders, items or transactions after an account is closed or frozen if the transaction was guaranteed by us under any check guarantee program or was part of an electronic fund transfer system, if you fail to place a stop payment order for any outstanding checks or other items or if we otherwise elect to honor the transaction in our discretion. You shall remain responsible and liable for such checks, items, and transactions. If an interest bearing account is closed for any reason before accrued interest is actually paid, interest may not be paid for the last interest period. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS You agree to comply with all laws, rules, and regulations applicable to you, to your activities and to your use of our services. This includes your agreement to comply with (to the extent applicable to you and your actions) federal anti-money laundering laws, sanctions laws administered by the Office of Foreign Assets Control, currency transaction or Bank Secrecy Act reporting and recordkeeping requirements, and any state counterpart of the same. You must inform us about and disclose to us the identity of all persons who have a beneficial interest in you (if you are a non-natural person) and in your transactions. You represent and warrant that you will consider not use, and agree not to use, your account or any service we provide to you for any unlawful purpose. For example, you represent, warrant, and agree not to accept or make payments in good faith making a temporary advance connection with the participation of any person (including yourself) in unlawful Internet gambling. You acknowledge that “restricted transactions” (as defined in the Unlawful Internet Gambling Enforcement Act and its implementing regulations) are prohibited from being processed through your accounts or your relationships with us. We reserve the right to deny transactions or authorization from merchants apparently engaging in the Internet gambling business or identifying themselves through card transaction records or otherwise as engaged in that or any other illegal or improper business. Further, we reserve the right to block or close any account which we believe may be involved in any such restricted transactions. You covenant, and represent and warrant that the foregoing is true and correct, as of the opening of your share account and again each time you make a deposit or withdrawal or otherwise use a service offered by us. You agree to provide us with evidence showing that you are in compliance with the above, reasonably satisfactory to us, upon our request. CONVERTING ACCOUNT AND REVOKING PRIVILEGES Without limiting our ability to close your account, we may alternatively convert your account to another type of any arbitration feesaccount or revoke privileges when we consider it appropriate or necessary to do so. For example, we may revoke privileges, or paying convert your account to another account type if you make frequent transactions on a money market or savings account, if your account frequently has debits against uncollected funds, if your account has excessive deposit activity or if you use a personal account for the reasonable fees of an expert appointed by the arbitrator for good causebusiness purposes. If the arbitrator rules in your favor for an amount greater than any final offer CREDIT VERIFICATION From time to time we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which may obtain credit information about you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.from check or credit reporting agencies
Appears in 1 contract
Sources: Consumer Deposit Account Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. The arbitration shall be administered by individual the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. Claims are decided by a neutral We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. Before beginning arbitrationIf We initiate arbitration against You, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAA, as selected by pay Your filing fee and all costs associated with the party electing arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims will to be resolved pursuant to this Arbitration provision and frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award shall not be set aside except upon the selected organization's rules limited circumstances set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. We will not elect The time for commencing an arbitration for asserting any claim you file in small claims court, so long as Claim shall be determined by reference to the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionapplicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees (including filingParty, administrativebe invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Arbitration Provision governs.
Appears in 1 contract
Sources: Extended Service Plan Agreement
Arbitration. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION. In the event of any dispute between You and Us or we may elect You and Your attorneys or law firm regarding any provision of this Agreement, or Your or Our attorneys or law firms conduct under this Agreement, the parties shall first consult one another in an attempt to resolve such dispute. In the event the dispute is not resolved, the parties agree to submit any dispute first to mediation. If mediation is unsuccessful, the parties agree to resolve any claim by individual disputes through binding arbitration. Claims Mediation of disputes under this Agreement shall be conducted in Dallas, Texas using an agreed upon neutral mediator. In the event the parties cannot agree on a neutral mediator, the parties agree to allow the then duly elected TTLA President to recommend three mediators, from which the parties shall select a mediator. If the parties are decided still unable to agree to a mediator from the TTLA President’s three mediator list, the parties agree that the then duly elected TTLA President may select a mediator from the mediator list previously provided and that the TTLA selected mediator shall mediate between the parties. In the event arbitration is required, arbitration of any disputes under this Agreement shall be by written submission before an agreed-upon neutral arbitrator. In the event the parties are not able to reach agreement on a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims the arbitrator will be referred to either JAMS or AAA, as selected by the party electing TTLA President. Any dispute shall be considered submitted to arbitration, only after an unsuccessful mediation followed thereafter by the receipt by all parties of a written communication specifically demanding the dispute be submitted to arbitration. Claims In any arbitration proceeding, the arbitrator will be resolved pursuant not have the authority to consolidate the claims of other persons who are parties to agreements similar to this Arbitration provision Agreement into a proceeding originally filed by either the Provider or You. The arbitrator may hear only Your individual claim and does not have the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS authority to fashion a proceeding as a class or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing collective action or to an arbitrator appointed pursuant award relief to section 5 a group or class of parties to a contract with the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)Provider in one arbitration proceeding. We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share the cost of any arbitration between You and Us. Each party shall bear their own attorney fees (including filing, administrative, hearing and costs related to mediation and arbitration. This agreement shall survive any termination or other fees), but only up to the amount expiration of the filing fees you would have incurred if you had brought a claim in courtAgreement. 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationNOTE: By entering into this Agreement, the arbitrator's award will include: (1) any money parties agree that they are waiving their respective rights to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesa trial by judge or jury.
Appears in 1 contract
Sources: Vehicle Service Agreement
Arbitration. You This provision contains the terms of how a dispute between you and the Bank will be resolved. Please read this provision carefully since it specifically limits your rights in the event of such dispute. By this provision, at the request of you or we may elect to resolve any claim the Bank, disputes must be resolved by individual arbitration. Claims are decided by Arbitration is a neutral arbitratormeans of having an independent third party resolve a dispute without using the court system. Before beginning With arbitration, you there is no right to appeal the decision of the arbitrator as there is normally in the court system. BY THIS AGREEMENT YOU UNDERSTAND THAT EACH OF US IS WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Either of us may submit a dispute concerning this Agreement to binding arbitration at any reasonable time, notwithstanding that a lawsuit or we must first send other proceeding has been commenced. If either of us fails to submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. Any controversy or claim notice. Claims arising out of or relating to this Agreement, or the account(s) covered by this Agreement, will be referred to either JAMS or AAA, as selected settled by arbitration administered by the party electing arbitration. Claims will be resolved pursuant to this American Arbitration provision and the selected organization's Association (“AAA”) in accordance with its arbitration rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose amount in controversy exceeds the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA amount subject to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file jurisdiction in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any the award rendered by the arbitrator may be entered in any court having jurisdiction. At your electionAll statutes of limitation and rules of law that would otherwise be applicable to this Agreement, arbitration hearings will take place including those provided in the California Commercial Code, shall apply to any arbitration proceeding. To the extent that there is any variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Nothing in this “Arbitration” Section shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. AUTHORIZED SIGNERS An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits, and to otherwise transact on your account and receive account information. Merely by designating an authorized signer you do not give any ownership rights in the account. Any one of the authorized signers may sign checks or withdrawal orders and give us instructions regarding the account, including an instruction to close the account. However, if there is a conflict, we reserve the right to require all authorized signers to sign an item, withdrawal order, or other instruction on the account. Even if the authorized signers on an account change, we may continue to honor checks, withdrawal orders, and other instructions by authorized signers until we are notified in writing not to do so. BUSINESS DAYS For the purpose of this Agreement, our business days are Monday through Friday, excluding Saturdays, Sundays, and federal judicial district holidays. CASH REPORTING REQUIREMENT The Bank Secrecy Act (“BSA”), a federal law, requires all financial institutions to report currency transactions of more than $10,000 to the Financial Crimes Enforcement Network (“FinCEN”). In addition, we may report to FinCEN multiple cash transactions which together total more than $10,000 in any one day. In order to better comply with the law, we may maintain a log of all sales of Bank checks or drafls, Cashier’s Checks, money orders, gifl cards or traveler’s checks for $3,000-$10,000 in currency. We may also report to FinCEN or other government agency transactions that may be structured to avoid the reporting requirement and other transactions that appear to involve illegal activity. In order to satisfy the BSA’s requirement, we may, and, in many cases, must request certain information about the individual presenting the transaction, as well as the organization or individual for whom the transaction is being conducted. This includes the individual’s/organization’s full name, permanent street address, social security number, identification number (such as a driver’s license or passport), date of birth (if applicable), and business, occupation or professions. CHANGE OF ADDRESS OR NAME You agree to notify the Bank in writing of any change of address, including your residenceemail address (if provided), or change of name, which will be effective afler we have had a reasonable time to react. We may also change the mailing address of record we have for you if we receive an address change notice from the U.S. Postal Service. Each account holder is responsible for submitting their own signed change of address request. The address is changed only for the accounts you specify and does not affect your other account relationships with us unless you specify that you want the address changed for those accounts as well. The Bank is only required to attempt to communicate with you using the address you have provided to the Bank. If you fail to notify us of a change of address, an undeliverable statement fee may be assessed (see Business Fee Schedule for details). If sent statements or other Bank documents are returned indicating an incorrect address, and we are not notified of the new address afler 90 days, you authorize us, at our discretion, to block your account until we can verify your correct address. CHECK PRINTING We offer checks in a number of styles and at various prices. The cost of any checks purchased through us will be automatically charged to your account. See the Business Fee Schedule. If you create your own checks, or obtain them from someone else, and we cannot accurately verify your signature on an item by comparing it with an item that posted to your account, you are responsible for any losses that may result from our inability to use that check to verify your signature. You agree not to print special limitations on checks, withdrawal orders or other items drawn on your account, such as “void over $100” or “paid in full” or “void afler 90 days.” If you do print any special limitations, you agree that we are not bound by such limitations. You authorize us to pay such items without regard to the stated limitation(s). You further agree to indemnify us and hold us harmless for any claims or losses arising out of our refusal to honor said restrictions. CHECK PROCESSING We have automated collection and payment procedures. These automated procedures rely primarily on information encoded on each check or item in magnetic ink. In paying or processing an item, we may rely on the information encoded on the check’s magnetic ink character recognition (MICR) line, according to general banking standards, whether or not that information is consistent with the other information on the check. You will reimburse us for any loss or expense we incur because you issue or deposit an item containing altered or extra information in the MICR line. You agree that automated check processing is reasonable and that you have responsibility for preventing and reporting forgeries, alterations, and other unauthorized use of your account. We do not fail to exercise ordinary care by posting or paying checks without sight examination of checks. We will not be obligated to monitor items deposited to, or drawn against, accounts held by a trustee or other fiduciary to determine whether a trustee or fiduciary is acting consistently with or in breach of any fiduciary duty. When we take an item for processing by automated means, “ordinary care” does not require that we examine each item. “Ordinary care” requires only that we follow standards prevailing in the area in which we are located and that do not vary unreasonably from the general standards followed by similarly-situated financial institutions. A mere clerical error, or an honest mistake, is not considered a failure of the Bank to perform any of our obligations. The Bank’s own policies and procedures are used solely for our internal reasons and do not establish a higher standard of care for the Bank other than that which is provided by law or regulation. The Bank is not responsible for paying your share the neglect, mistake or fault of any arbitration fees (another financial institution or person, including filingfor the loss or destruction of an item or misrouting of an item in transit or in the possession of others. If a deposited item is lost or misrouted and we gave you provisional credit for that item, administrative, hearing or other fees), but only up to you agree that we may charge back the amount of the filing fees you would item to your account if we do not receive payment for the item, even if the item is not timely returned. CHECKS PRESENTED IN PERSON FOR PAYMENT BY A NON-ACCOUNT HOLDER If an item drawn against your account is presented for payment in person for payment by a payee who is not an account holder of the Bank, the Bank may charge a fee to the person presenting the check as a condition for cashing the check. See the Business Fee Schedule. The Bank may also require identification acceptable to the Bank and not prohibited by law, including a fingerprint of the person presenting the check or other fraud prevention methods. You agree that the Bank may refuse to honor payment for checks presented for payment in person by a non-account holder, if the person refuses to pay the fee or provide the identification requested by the Bank. You agree that none of the foregoing will be deemed to be wrongful dishonor by us. CHOICE OF LAW Except as stated herein or as otherwise may be required by applicable law, the provisions of this Agreement are governed by the bylaws of the Bank, federal laws and regulations, the laws and regulations of the State of California (excluding choice of law rules), and applicable local clearinghouse rules, as amended from time to time. In addition, our rights under this Agreement may be limited by laws, rules or regulations; to the extent this is so, this Agreement is modified to the extent needed to prevent representing that a transaction confers or involves rights, remedies, or obligations which we do not have incurred or which are prohibited by law. CLOSING OR SUSPENDING ACCOUNTS The Bank may, at any time and in our sole discretion, close or suspend your account or any service we are providing to you. We may do so for cause or without cause. We may deliver the balance afler an account is closed by any means chosen by us, including mailing a check for the balance by U.S. Postal Service, sent postage prepaid, to your last address as shown on our records. We may remit the balance by check payable to the name on the account as shown on our records, even if you had brought a claim in courtcontrary evidence of account ownership has been given to us. We will provide you with notice before or afler taking this action, unless prior notice is required by law, in which case we will provide you with such notice as is required by law. For example, we may close your account if your balance falls to zero, without advance notice. Except to the extent otherwise agreed with us, you may close your account at any time upon notice to us, unless your account has a scheduled maturity date, subject to any applicable early withdrawal penalty. You will remain liable for the payment of accrued fees on the account and for checks in the process of collection, as well as any other obligations relating to actions or inaction prior to account closure. If you close an account, it may be responsible subject to accrued or prorated fees or charges. You agree to reimburse us immediately upon request for any additional arbitration feesoverdrafls that arise afler an account is closed, whether closed by you or by us. We may honor any account holder’s or authorized signer’s request to close or suspend an account or transaction. At your written requestour discretion, we may require the signatures of all account holders and/or authorized signers before permitting the withdrawal of funds or the closing or suspension of an account. Without limiting any of the foregoing, you authorize us, in our sole discretion, to “freeze” or place a hold on the balance in your account(s) at the Bank if we suspect that there is irregular activity or we receive conflicting instructions involving your account(s). Should the Bank place a “freeze” on your account(s) to reasonably investigate our concerns, you agree that we shall not be liable to you for any claims you might have, including but not limited to claims of wrongful dishonor. We may dishonor any check, withdrawal order, item or transaction presented for payment afler an account is closed or frozen by you or by us. At our option, we may honor checks, withdrawal orders, items or transactions afler an account is closed or frozen if the transaction was guaranteed by us under any check guarantee program or was part of an electronic fund transfer system, if you fail to place a stop payment order for any outstanding checks or other items or if we otherwise elect to honor the transaction in our discretion. You shall remain responsible and liable for such checks, items, and transactions. If an interestbearing account is closed for any reason before accrued interest is actually paid, interest may not be paid for the last interest period. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS You agree to comply with all laws, rules, and regulations applicable to you, to your activities and to your use of our services. This includes your agreement to comply with (to the extent applicable to you and your actions) federal anti-money laundering laws, sanctions laws administered by the Office of Foreign Assets Control, currency transaction or Bank Secrecy Act reporting and recordkeeping requirements, and any state counterpart of the same. You must inform us about and disclose to us the identity of all persons who have a beneficial interest in you (if you are a non-natural person) and in your transactions. You represent and warrant that you will consider not use, and agree not to use, your account or any service we provide to you for any unlawful purpose. For example, you represent, warrant and agree not to accept or make payments in good faith making connection with the participation of any person (including yourself) in unlawful Internet gambling. You acknowledge that “restricted transactions” (as defined in the Unlawful Internet Gambling Enforcement Act and its implementing regulations) are prohibited from being processed through your accounts or your relationships with us. We reserve the right to deny transactions or authorization from merchants apparently engaging in the Internet gambling business or identifying themselves through card transaction records or otherwise as engaged in that or any other illegal or improper business. Further, we reserve the right to block or close any account which we believe may be involved in any such restricted transactions. You represent and warrant that you are not, and you agree to take no action that would result in your being deemed or treated as, a temporary advance money service business under any applicable state or federal law, except to the extent that you have specifically and in writing previously informed us that you are a money service business. You covenant, and represent and warrant that the foregoing is true and correct, as of the opening of your share account and again each time you make a deposit or withdrawal or otherwise use a service offered by us. You agree to provide us with evidence showing that you are in compliance with the above, reasonably satisfactory to us, upon our request. CONVERTING ACCOUNT AND REVOKING PRIVILEGES Without limiting our ability to close your account, we may alternatively convert your account to another type of any arbitration feesaccount or revoke privileges when we consider it appropriate or necessary to do so. For example, we may revoke privileges, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in convert your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money account to which another account type if you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.make frequent transactions on a money
Appears in 1 contract
Sources: Business Deposit Account Agreement
Arbitration. We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the National Arbitration and Mediation (“NAM”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable rules and procedures established by the NAM (for information on the NAM and its rules, see ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/). You agree that the arbitration shall be held in New York, NY, unless the NAM or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the NAM or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the NAM shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At Avibra’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). In addition, you or we may elect to resolve any bring an individual claim by individual arbitration. Claims are decided by in a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim but we do not hereby agree to any personal jurisdiction that is individual and pending only in that courtotherwise lacking. You agree that any arbitration shall not permit claims on a class, mass, representative, or we private attorney general basis. You further agree that no claims of other parties may otherwise elect to arbitrate be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any claim at any time unless part of this arbitration clause is later deemed invalid as a matter of law, then it has been filed shall be severed and the remaining portions of this section shall remain in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisioneffect, including with the right to arbitrate a claim, without waiving exception that if the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration preceding paragraph is deemed invalid or unenforceableinvalid, then the this entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations section shall be deemed invalid 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 clause shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesvoid.
Appears in 1 contract
Sources: Terms of Service
Arbitration. You If you are a customer of the Family Zone and you are based in a country that has a statutory small claims or arbitration process for dealing with disputes then you agree that, by agreeing to these Customer Terms, the relevant acts govern the interpretation and enforcement of this provision we may both waive our rights to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Family Zone Services. If you elect to seek arbitration or file a small claim court action, you must first send to Family Zone, by certified mail, a written Notice of your claim ("Notice") to us at our contact address available on our website. If we initiate arbitration, we will send a written Notice to the email address we have on our records A Notice, whether sent by you or us must:
(a) Describe the nature and basis of the claim or dispute;
(b) Set out the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve any a claim by individual arbitration. Claims are decided by within 30 days after a neutral arbitrator. Before beginning arbitrationNotice is received, you or we must first send may commence a relevant arbitration proceeding or file a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the any arbitration proceedings will be conducted solely on the basis of documentsdocuments submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. At YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesindividual claim.
Appears in 1 contract
Sources: Customer Terms
Arbitration. You i. Any controversy, dispute or we may elect claim arising out of or relating to resolve any claim this Agreement or the breach hereof which cannot be settled by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims mutual agreement will be referred to either JAMS finally settled by binding arbitration in the county where you performed your principal work duties for the Company, under the jurisdiction of the American Arbitration Association or AAAother mutually agreeable alternative arbitration dispute resolution service, before a single arbitrator appointed in accordance with the arbitration rules of the American Arbitration Association or other selected service, modified only as selected by herein expressly provided. You acknowledge receipt of the party electing arbitration. Claims will be resolved pursuant to this applicable AAA Employment Arbitration provision Rules and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also Mediation Procedures which may be referred found at the AAA website here h▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇. The arbitrator may enter a default decision against any party who fails to another participate in the arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the proceedings.
ii. The Federal Arbitration Act, 9 U.S.C. sec§§ 1 et seq. 1-16 (FAA). We will not elect shall govern the interpretation and enforcement of this arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAclause. The arbitrator will apply applicable substantive law, statutes decision of 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 on the points in court. You and we agree that the arbitration dispute will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyonefinal, but you or we may notify any government authority of the claim as permitted or required by law. 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 innon-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final appealable and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to and judgment on the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdictionjurisdiction thereof.
iii. At your election, The fees and expenses of the arbitration hearings will take place be borne as provided in the federal judicial district AAA Costs of Arbitration section, and each party will bear the fees and expenses of its own attorney, unless the arbitrator finds that a statutory award of attorneys’ fees and/or costs is appropriate.
iv. The parties waive their rights to a class or collective action. The parties agree that claims may not be joined, consolidated, or heard together with claims of any other current or former employee of the Company or other third party.
v. The parties agree that this Section 8(g) has been included to resolve any disputes between them with respect to this Agreement or your residence. You employment, and that this Section 8(g) will be responsible grounds for paying your share dismissal of any court action commenced by either party with respect to this Agreement, other than post-arbitration fees (including filing, administrative, hearing actions seeking to enforce an arbitration award or actions seeking an injunction or temporary restraining order and other than claims for unemployment insurance benefits or workers compensation benefits or other fees)claims which by law cannot be subject to a mandatory arbitration agreement. In the event that any court determines that this arbitration procedure is not binding, but only up or otherwise allows any litigation regarding a dispute, claim, or controversy covered by this Agreement to proceed, the parties hereto hereby waive, to the amount maximum extent allowed by law, any and all right to a class or collection action or a trial by jury in or with respect to such litigation.
vi. The parties will keep confidential, and will not disclose to any person, except as may be required by law or the rules and regulations 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 requestSecurities and Exchange Commission or other government agencies, we will consider in good faith making a temporary advance of your share the existence of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationcontroversy hereunder, the arbitrator's award will include: (1) referral of any money such controversy to which arbitration or the status or resolution thereof; notwithstanding the foregoing, nothing herein shall restrict you are entitled, but from communicating with a government agency or engaging in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesprotected concerted activity that cannot be waived by such an agreement not to disclose.
Appears in 1 contract
Arbitration. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION. In the event of any dispute between You and Us or we may elect You and Your attorneys or law firm regarding any provision of this Agreement, or Your or Our or Your attorneys or law firms conduct under this Agreement, the parties shall first consult one another in an attempt to resolve such dispute. In the event the dispute is not resolved, the parties agree to submit any dispute first to mediation. If mediation is unsuccessful, the parties agree to resolve any claim by individual disputes through binding arbitration. Claims Mediation of disputes under this Agreement shall be conducted in Dallas, Texas using an agreed upon neutral mediator. In the event the parties cannot agree on a neutral mediator, the parties agree to allow the then duly elected TTLA President to recommend three mediators, from which the parties shall select a mediator. If the parties are decided still unable to agree to a mediator from the TTLA President’s three mediator list, the parties agree that the then duly elected TTLA President may select a mediator from the mediator list previously provided and that the TTLA selected mediator shall mediate between the parties. In the event arbitration is required, arbitration of any disputes under this Agreement shall be by written submission before an agreed-upon neutral arbitrator. In the event the parties are not able to reach agreement on a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide be selected by the TTLA President. Any dispute shall be considered submitted to arbitration, only after an unsuccessful mediation followed thereafter by the receipt by all parties of a brief written explanation communication specifically demanding the dispute be submitted to arbitration. In any arbitration proceeding, the arbitrator will not have the authority to consolidate the claims of other persons who are parties to agreements similar to this Agreement into a proceeding originally filed by either the awardProvider or You. The arbitrator's arbitrator may hear only Your individual claim and does not have the authority to fashion a proceeding as a class or collective action or to award will be final and binding, subject relief to each party's right a group or class of parties to appeal as stated a contract with the Provider in this section and/or to challenge or appeal an one arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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 courtproceeding. 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 the cost of any arbitration fees, between You and Us. Each party shall bear their own attorney fees and costs related to mediation and arbitration. This agreement shall survive any termination or paying for expiration of the reasonable fees of an expert appointed by the arbitrator for good causeAgreement. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitrationNOTE: By entering into this Agreement, the arbitrator's award will include: (1) any money parties agree that they are waiving their respective rights to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesa trial by judge or jury.
Appears in 1 contract
Sources: Vehicle Service Agreement
Arbitration. Please read this arbitration provision carefully. It affects Your rights. Most of your concerns about this Protection Agreement can be addressed by contacting the Administrator at [1-866-222- 0158]. If We cannot resolve any disputes with You related to the Protection Agreement, including Claims, You and We agree to resolve those disputes through binding arbitration or small claims court instead of through courts of general jurisdiction. Further, You and We agree to waive our rights to a trial by jury and to not participate in any class arbitrations or class actions. This Protection Agreement is evidence of a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the enforcement of any arbitration hereunder. The provisions of this ARBITRATION section shall survive the termination of this Protection Agreement. By purchasing this Protection Agreement you agree to the following dispute resolution protocol. Any and all claims, disputes, or controversies of any nature whatsoever or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with (1) this Protection Agreement or any prior Agreement or product, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this provision or of the entire Agreement (“Dispute”), shall be resolved by binding arbitration before a single arbitrator All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Dispute is filed. The terms of this provision shall control any inconsistency between the AAA’s Rules and this provision. You may obtain a copy of the AAA;s Rules by calling [▇-▇▇▇-▇▇▇-▇▇▇▇]. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims We will be referred to either JAMS or AAAresponsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, as reasoned findings of fact and conclusion of law. The arbitration shall be held at a location selected by Us with the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules state in effect when the claim is filed, except where those rules conflict with which You purchased this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice This provision is part of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may a transaction involving interstate commerce and shall be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of governed by the Federal Arbitration Act, 9 U.S.C. secI.S.C § et. 1-16 (FAA)Seq. We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on Arbitration this provision is deemed invalid or unenforceable, then it shall not invalidate the entire Arbitration remaining portions of the provision, except that in no event shall this provision (be modified or construed to permit or mandate arbitration on behalf of a class of claimants or individuals other than this sentence) will not applyYou, or to apply to Disputes other than Yours. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Provision shall inure to the Limitations benefit of and be binding on ArbitrationYou and Us and its provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Agreement. Insurance Securing this Protection Agreement: This Protection Agreement is not an insurance policy. It is secured by contractual liability policies provided by Arch Insurance Company located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ [▇▇▇-▇▇▇-▇▇▇▇]. If within sixty (60) days, We have not paid a covered Claim, provided You with a refund or You are otherwise dissatisfied, You may make a claim directly to the arbitrator may otherwise award any relief available in courtinsurance company. You and we agree that are not required to purchase this Protection Agreement as a condition of a loan or a condition for 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share sale of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesproperty.
Appears in 1 contract
Sources: Protection Agreement
Arbitration. Read the following arbitration provision carefully. It limits certain of Your rights, including Your right to obtain relief or damages through court action. Any legal dispute between YOU and ADMINISTRATOR relating to this CONTRACT shall be resolved by binding arbitration. To begin Arbitration, either You or we may elect We must make a written demand to resolve any claim by individual arbitrationthe other party for Arbitration. Claims are decided by The Arbitration will take place before a neutral single arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims It will be referred to either JAMS or AAA, as selected by administered in keeping with the party electing arbitration. Claims will be resolved pursuant to this Binding Pre-Dispute Arbitration provision and Rules ("Rules") of the selected organization's rules Better Business Bureau ("BBB") in effect when the claim Claim is filed. You may get a copy of the BBB's Rules by contacting BBB at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Rd, except where those rules conflict with this AgreementBuilding A, Suite 202, ▇▇▇▇▇▇▇▇ Township, NJ 08690, calling (▇▇▇) ▇▇▇-▇▇▇▇, or visiting ▇▇▇.▇▇▇.▇▇▇. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA The filing fees to begin an and carry out arbitration or for other informationwill be shared equally between You and Us. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the The Federal Arbitration Act, 9 U.S.C. sec§ 1, et seq., will govern and not any state law on arbitration. 1-16 (FAA)You agree and understand that this arbitration provision means that You give up Your right to go to court on any Claim covered by this provision. We will The parties agree to arbitrate solely on an individual basis, and that this CONTRACT does not elect permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Please refer to the Special State Disclosures section of this Contract for any claim you file added requirements in small claims court, so long as Your state. In the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under event this Arbitration provisionprovision is not approved by the appropriate state regulatory agency, including and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to arbitrate a claimtrial by jury. Instead, without waiving in the right to exercise or enforce those rights. Notwithstanding event any other provision litigation arises between You and without waiving the right to appeal Us, any such decisionlawsuit will be tried before a judge, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) and a jury will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal be impaneled 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesstruck.
Appears in 1 contract
Sources: Vehicle Service Agreement
Arbitration. You This provision contains the terms of how a dispute between you and the Bank will be resolved. Please read this provision carefully since it specifically limits your rights in the event of such dispute. By this provision, at the request of you or we may elect to resolve any claim the Bank, disputes must be resolved by individual arbitration. Claims are decided by Arbitration is a neutral arbitratormeans of having an independent third party resolve a dispute without using the court system. Before beginning With arbitration, you there is no right to appeal the decision of the arbitrator as there is normally in the court system. BY THIS AGREEMENT YOU UNDERSTAND THAT EACH OF US IS WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Either of us may submit a dispute concerning this Agreement to binding arbitration at any reasonable time, notwithstanding that a lawsuit or we must first send other proceeding has been commenced. If either of us fails to submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. Any controversy or claim notice. Claims arising out of or relating to this Agreement, or the account(s) covered by this Agreement, will be referred to either JAMS or AAA, as selected settled by arbitration administered by the party electing arbitration. Claims will be resolved pursuant to this American Arbitration provision and the selected organization's Association (“AAA”) in accordance with its arbitration rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose amount in controversy exceeds the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA amount subject to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file jurisdiction in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any the award rendered by the arbitrator may be entered in any court having jurisdiction. At your electionAll statutes of limitation and rules of law that would otherwise be applicable to this Agreement, arbitration hearings will take place including those provided in the California Commercial Code, shall apply to any arbitration proceeding. To the extent that there is any variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Nothing in this “Arbitration” Section shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. AUTHORIZED SIGNERS An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits, and to otherwise transact on your account and receive account information. Merely by designating an authorized signer you do not give any ownership rights in the account. Any one of the authorized signers may sign checks or withdrawal orders and give us instructions regarding the account, including an instruction to close the account. However, if there is a conflict, we reserve the right to require all authorized signers to sign an item, withdrawal order, or other instruction on the account. Even if the authorized signers on an account change, we may continue to honor checks, withdrawal orders, and other instructions by authorized signers until we are notified in writing not to do so. BUSINESS DAYS For the purpose of this Agreement, our business days are Monday through Friday, excluding Saturdays, Sundays, and federal judicial district holidays. CASH REPORTING REQUIREMENT The Bank Secrecy Act (“BSA”), a federal law, requires all financial institutions to report currency transactions of more than $10,000 to the Financial Crimes Enforcement Network (“FinCEN”). In addition, we may report to FinCEN multiple cash transactions which together total more than $10,000 in any one day. In order to better comply with the law, we may maintain a log of all sales of bank checks or drafls, Cashier’s Checks, money orders, gifl cards or traveler’s checks for $3,000-$10,000 in currency. We may also report to the FinCEN or other government agency transactions that may be structured to avoid the reporting requirement and other transactions that appear to involve illegal activity. In order to satisfy the BSA’s requirement, we may, and, in many cases, must request certain information about the individual presenting the transaction, as well as the organization or individual for whom the transaction is being conducted. This includes the individual’s/organization’s full name, permanent street address, social security number, identification number (such as a driver’s license or passport), date of birth (if applicable), and business, occupation or professions. CHANGE OF ADDRESS OR NAME You agree to notify the Bank in writing of any change of address, including your residenceemail address (if provided), or change of name, which will be effective afler we have had a reasonable time to react. We may also change the mailing address of record we have for you if we receive an address change notice from the U.S. Postal Service. Each account holder is responsible for submitting their own signed change of address request. The address is changed only for the accounts you specify and does not affect your other account relationships with us unless you specify that you want the address changed for those accounts as well. The Bank is only required to attempt to communicate with you using the address you have provided to the Bank. If you fail to notify us of a change of address, an undeliverable statement fee may be assessed (see Consumer Fee Schedule for details). If sent statements or other Bank documents are returned indicating an incorrect address, and we are not notified of the new address afler 90 days, you authorize us, at our discretion, to block your account until we can verify your correct address. CHECK PRINTING We offer checks in a number of styles and at various prices. The cost of any checks purchased through us will be automatically charged to your account. See the Consumer Fee Schedule. If you create your own checks, or obtain them from someone else, and we cannot accurately verify your signature on an item by comparing it with an item that posted to your account, you are responsible for any losses that may result from our inability to use that check to verify your signature. You agree not to print special limitations on checks, withdrawal orders or other items drawn on your account, such as “void over $100” or “paid in full” or “void afler 90 days.” If you do print any special limitations, you agree that we are not bound by such limitations. You authorize us to pay such items without regard to the stated limitation(s). You further agree to indemnify us and hold us harmless for any claims or losses arising out of our refusal to honor said restrictions. CHECK PROCESSING We have automated collection and payment procedures. These automated procedures rely primarily on information encoded on each check or item in magnetic ink. In paying or processing an item, we may rely on the information encoded on the check’s magnetic ink character recognition (MICR) line, according to general banking standards, whether or not that information is consistent with the other information on the check. You will reimburse us for any loss or expense we incur because you issue or deposit an item containing altered or extra information in the MICR line. You agree that automated check processing is reasonable and that you have responsibility for preventing and reporting forgeries, alterations, and other unauthorized use of your account. We do not fail to exercise ordinary care by posting or paying checks without sight examination of checks. We will not be obligated to monitor items deposited to, or drawn against, accounts held by a trustee or other fiduciary to determine whether a trustee or fiduciary is acting consistently with or in breach of any fiduciary duty. When we take an item for processing by automated means, “ordinary care” does not require that we examine each item. “Ordinary care” requires only that we follow standards prevailing in the area in which we are located and that do not vary unreasonably from the general standards followed by similarly-situated financial institutions. A mere clerical error, or an honest mistake, is not considered a failure of the Bank to perform any of our obligations. The Bank’s own policies and procedures are used solely for our internal reasons and do not establish a higher standard of care for the Bank other than that which is provided by law or regulation. The Bank is not responsible for paying your share the neglect, mistake or fault of any arbitration fees (another financial institution or person, including filingfor the loss or destruction of an item or misrouting of an item in transit or in the possession of others. If a deposited item is lost or misrouted and we gave you provisional credit for that item, administrative, hearing or other fees), but only up to you agree that we may charge back the amount of the filing fees you would item to your account if we do not receive payment for the item, even if the item is not timely returned. CHECKS PRESENTED IN PERSON FOR PAYMENT BY A NON-ACCOUNT HOLDER If an item drawn against your account is presented for payment in person for payment by a payee who is not an account holder of the Bank, the Bank may charge a fee to the person presenting the check as a condition for cashing the check. See the Consumer Fee Schedule. The Bank may also require identification acceptable to the Bank and not prohibited by law, including a fingerprint of the person presenting the check or other fraud prevention methods. You agree that the Bank may refuse to honor payment for checks presented for payment in person by a non-account holder, if the person refuses to pay the fee or provide the identification requested by the Bank. You agree that none of the foregoing will be deemed to be wrongful dishonor by us. CHOICE OF LAW Except as stated herein or as otherwise may be required by applicable law, the provisions of this Agreement are governed by the bylaws of the Bank, federal laws and regulations, the laws and regulations of the State of California (excluding choice of law rules), and applicable local clearinghouse rules, as amended from time to time. In addition, our rights under this Agreement may be limited by laws, rules or regulations; to the extent this is so, this Agreement is modified to the extent needed to prevent representing that a transaction confers or involves rights, remedies, or obligations which we do not have incurred or which are prohibited by law. CLOSING OR SUSPENDING ACCOUNTS The Bank may, at any time and in our sole discretion, close or suspend your account or any service we are providing to you. We may do so for cause or without cause. We may deliver the balance afler an account is closed by any means chosen by us, including mailing a check for the balance by U.S. Postal Service, sent postage prepaid, to your last address as shown on our records. We may remit the balance by check payable to the name on the account as shown on our records, even if you had brought a claim in courtcontrary evidence of account ownership has been given to us. We will provide you with notice before or afler taking this action, unless prior notice is required by law, in which case we will provide you with such notice as is required by law. For example, we may close your account if your balance falls to zero, without advance notice. Except to the extent otherwise agreed with us, you may close your account at any time upon notice to us, unless your account has a scheduled maturity date, subject to any applicable early withdrawal penalty. You will remain liable for the payment of accrued fees on the account and for checks in the process of collection, as well as any other obligations relating to actions or inaction prior to account closure. If you close an account, it may be responsible subject to accrued or prorated fees or charges. You agree to reimburse us immediately upon request for any additional arbitration feesoverdrafls that arise afler an account is closed, whether closed by you or by us. We may honor any account holder’s or authorized signer’s request to close or suspend an account or transaction. At your written requestour discretion, we may require the signatures of all account holders and/or authorized signers before permitting the withdrawal of funds or the closing or suspension of an account. Without limiting any of the foregoing, you authorize us, in our sole discretion, to “freeze” or place a hold on the balance in your account(s) at the Bank if we suspect that there is irregular activity or we receive conflicting instructions involving your account(s). Should the Bank place a “freeze” on your account(s) to reasonably investigate our concerns, you agree that we shall not be liable to you for any claims you might have, including but not limited to claims of wrongful dishonor. We may dishonor any check, withdrawal order, item or transaction presented for payment afler an account is closed or frozen by you or by us. At our option, we may honor checks, withdrawal orders, items or transactions afler an account is closed or frozen if the transaction was guaranteed by us under any check guarantee program or was part of an electronic fund transfer system, if you fail to place a stop payment order for any outstanding checks or other items or if we otherwise elect to honor the transaction in our discretion. You shall remain responsible and liable for such checks, items, and transactions. If an interest bearing account is closed for any reason before accrued interest is actually paid, interest may not be paid for the last interest period. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS You agree to comply with all laws, rules, and regulations applicable to you, to your activities and to your use of our services. This includes your agreement to comply with (to the extent applicable to you and your actions) federal anti-money laundering laws, sanctions laws administered by the Office of Foreign Assets Control, currency transaction or Bank Secrecy Act reporting and recordkeeping requirements, and any state counterpart of the same. You must inform us about and disclose to us the identity of all persons who have a beneficial interest in you (if you are a non-natural person) and in your transactions. You represent and warrant that you will consider not use, and agree not to use, your account or any service we provide to you for any unlawful purpose. For example, you represent, warrant, and agree not to accept or make payments in good faith making a temporary advance connection with the participation of any person (including yourself) in unlawful Internet gambling. You acknowledge that “restricted transactions” (as defined in the Unlawful Internet Gambling Enforcement Act and its implementing regulations) are prohibited from being processed through your accounts or your relationships with us. We reserve the right to deny transactions or authorization from merchants apparently engaging in the Internet gambling business or identifying themselves through card transaction records or otherwise as engaged in that or any other illegal or improper business. Further, we reserve the right to block or close any account which we believe may be involved in any such restricted transactions. You covenant, and represent and warrant that the foregoing is true and correct, as of the opening of your share account and again each time you make a deposit or withdrawal or otherwise use a service offered by us. You agree to provide us with evidence showing that you are in compliance with the above, reasonably satisfactory to us, upon our request. CONVERTING ACCOUNT AND REVOKING PRIVILEGES Without limiting our ability to close your account, we may alternatively convert your account to another type of any arbitration feesaccount or revoke privileges when we consider it appropriate or necessary to do so. For example, we may revoke privileges, or paying convert your account to another account type if you make frequent transactions on a money market or savings account, if your account frequently has debits against uncollected funds, if your account has excessive deposit activity or if you use a personal account for the reasonable fees of an expert appointed by the arbitrator for good causebusiness purposes. If the arbitrator rules in your favor for an amount greater than any final offer CREDIT VERIFICATION From time to time we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which may obtain credit information about you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.from check or credit reporting agencies
Appears in 1 contract
Sources: Consumer Deposit Account Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS AMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's organi ation s rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organizationorgani ation, you may select the other within 30 days after receiving notice of our selection. Contact JAMS AMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization organi ation if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment udgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. The arbitrator s authority is limited to claims between you and us alone. Claims may not be oined or consolidated unless you and we agree in writing. An arbitration award and any udgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Sub ect to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the 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, but you or we may notify any government authority of the claim as permitted or required by lawyour claim. 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 requestparty s re uest, the arbitrator will provide a brief written explanation of the award. The arbitrator's arbitrator s award will be final and binding, subject to each party's except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal as stated in this section and/or to challenge or appeal an arbitration the award pursuant to the FAA. To initiate an appeal, a party must notify by notifying the arbitration organization organi ation and all parties in writing within 35 days after the arbitrator's award is issuedwriting. The arbitration organization organi ation will appoint a three- three-arbitrator panel to decide anew, by majority ma ority vote based on written submissions, any aspect of the decision objected ob ected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment udgment upon any award may be entered in any court having jurisdictionurisdiction. At your election, arbitration hearings will take place in the federal judicial udicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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 requestre uest, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's arbitrator s award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.:
Appears in 1 contract
Sources: Cardmember Agreement
Arbitration. i. You or we may elect to resolve any claim Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims are will be decided by a neutral arbitratorone neutral
ii. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
iii. Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, as selected by if we choose one of those two organizations, you may choose the party electing other organization instead if you inform us of that choice within thirty (30) days after we elect arbitration.
iv. Claims will be resolved pursuant to this Arbitration provision Section XI. and the selected organization's ’s rules in effect when the claim Claim is filed, except where those rules conflict with this AgreementSection XI. If we choose the organizationrules conflict, you may select the other within 30 days after receiving notice terms of our selectionthis Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization organization, if you and we agree in writing writing, or to an arbitrator appointed pursuant to section Section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (the “FAA”). .
v. We will not elect arbitration for any claim Claim you file in small claims court, so long as the claim Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration arbitration provision, including the right to arbitrate a claimClaim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
vi. This Arbitration arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Arbitrationlimitations of this Section XI, the arbitrator may otherwise award any relief available in court. You and we agree that Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesClaim. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration Arbitration hearings will take place in Newark, New Jersey or, upon your request, in the federal judicial district of your residencewhere you reside.
vii. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim litigated in court. We will be responsible for any additional arbitration fees. At your written request, we We will consider in good faith making a temporary advance of your share of any arbitration fees, fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules , if you ask us in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money writing to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesdo so.
Appears in 1 contract
Sources: E Sign Agreement
Arbitration. You or we may elect to resolve To the extent permitted under applicable law, in the interest of resolving disputes between you and AlphaTheta in the most expedient and cost effective manner, you and AlphaTheta agree that any claim and all disputes arising in connection with this Agreement shall be resolved by individual binding arbitration. Claims are decided Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALPHATHETA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, UNLESS SUCH WAIVER IS INVALID UNDER APPLICABLE LAW. YOU AND ▇▇▇▇▇▇▇▇▇▇ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AlphaTheta agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a neutral court of competent jurisdiction and not by an arbitrator. Before beginning arbitration11.2 • Arbitrator. Any arbitration between you and AlphaTheta will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, you “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at ▇▇▇.▇▇▇.▇▇▇, by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇, or we by contacting AlphaTheta. • Notice; Process. A party who intends to seek arbitration must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving written notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 dispute to the Limitations on Arbitrationother, by certified mail or Federal Express (signature required), or in the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree event that we will do not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is have a physical address on file 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anewyou, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees electronic mail (including filing, administrative, hearing or other fees“Notice”), 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 1 contract
Sources: Software End User License Agreement
Arbitration. You or we may elect The parties to resolve this Agreement agree that final and binding arbitration shall be the sole recourse to settle any claim by individual or controversy arising out of or relating to a breach or the interpretation of this Agreement, except as either party may be seeking injunctive relief. Either party may file for arbitration. Claims are decided A claimant seeking relief on a claim for benefits, however, must first follow the procedure in Section 11 hereof and may file for arbitration within sixty (60) days following claimant’s receipt of the Administrator’s written decision on review under Section 11(c) hereof, or if the Administrator fails to provide any written decision under Section 11 hereof, within 60 days of the date on which such written decision was required to be delivered to the claimant as therein provided. The arbitration shall be held at a mutually agreeable location, and shall be subject to and in accordance with the arbitration rules then in effect of the American Arbitration Association; provided that if the location cannot be agreed upon the arbitration shall be held in Nashville, Tennessee. The arbitrator may award any and all remedies allowable by a neutral arbitrator. Before beginning the cause of action subject to the arbitration, you or we must first send a claim notice. Claims will but the arbitrator’s sole authority shall be referred to either JAMS or AAA, as selected by interpret and apply the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with provisions of this Agreement. If we choose In reaching its decision the organization, you may select arbitrator shall have no authority to change or modify any provision of this Agreement or other written agreement between the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAparties. The arbitrator will apply applicable substantive lawshall have the power to compel the attendance of witnesses at the hearing. Any court having jurisdiction may enter a judgment based upon such arbitration. All decisions of the arbitrator shall be final and binding on the parties without appeal to any court. Upon execution of this Agreement, statutes the Executive shall be deemed to have waived any right to commence litigation proceedings regarding this Agreement outside of limitations and privilegesarbitration or injunctive relief without the express consent of ProAssurance. The arbitrator will not apply any federal or state rules of civil procedure or evidence Companies shall pay all arbitration fees and the arbitrator’s compensation. If the Executive prevails in matters relating to evidence or discovery. Subject to the Limitations on Arbitrationarbitration proceeding, the arbitrator may otherwise award any relief available in court. You and we agree that require the arbitration will be confidential. You and we agree that we will not disclose Companies to reimburse the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying Executive for the reasonable fees and expenses of an expert appointed by Executive’s personal counsel for his or her professional services rendered to the arbitrator Executive in connection with the enforcement of this Agreement. The amount of expenses eligible for good cause. If reimbursement during one calendar year may not affect the arbitrator rules expenses eligible for reimbursement in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feescalendar year.
Appears in 1 contract
Sources: Release and Severance Compensation Agreement (Proassurance Corp)
Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Administrator via certified mail within thirty days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim by individual arbitrationClaim within the jurisdiction of small claims court. Claims You acknowledge Your understanding that all Parties hereunder are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred waiving their rights to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant go to this Arbitration provision and the selected organization's rules in effect when the claim is filedcourt, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate resolve any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights Claims arising under this Arbitration provision, including Agreement between or among the right to arbitrate a claim, without waiving the right to exercise or enforce those rightsParties. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed The arbitration shall be administered by the FAAAmerican Arbitration Association (“AAA”). The arbitrator will apply applicable substantive law, statutes of 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 shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award governed pursuant to the FAA. To initiate an appeal, a party must notify AAA Consumer Arbitration Rules (the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued“Code”). The arbitration organization will appoint occur before a three- single, neutral arbitrator panel selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to decide anewattend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, by majority vote based on written submissionsthe closest AAA location to Your residence, any aspect of or via telephone. For information about how to initiate arbitration with the decision objected to. The appeal will otherwise proceed pursuant AAA, the Parties shall refer to the arbitration organization's appellate rulesAAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be Each Party is responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the their own 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness expenses associated with an arbitration, including attorney’s fees.
Appears in 1 contract
Sources: Extended Service Agreement
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved This arbitration provision is made pursuant to this Arbitration provision a transaction involving interstate commerce and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may shall be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You agree that any and all disputes which in any way arise out of or we may otherwise elect relate to arbitrate this agreement, shall be resolved solely by binding arbitration before the American Arbitration Association ("AAA") before a single arbitrator in arbitration commenced as close as possible to where you reside. Any and all disputes must be brought in the parties' individual capacity, and not as a plaintiff or class member in any claim at any time unless it has been filed in court and trial has begun purported class or final judgment has been enteredrepresentative proceeding. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including Judgment on the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed award rendered by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdictionjurisdiction thereof. At your election, Each party to any such arbitration hearings will take place shall bear its own separate costs and expenses of the arbitration and shall share equally in the federal judicial district charges of your residencethe AAA, including the fee of the arbitrator. However, if you are unable to pay any fee of the AAA or the arbitrator, we agree to pay those fees for you. By agreeing to arbitration, you and we are waiving our rights to file a lawsuit and proceed in court and to have a jury trial to resolve disputes. The word "disputes" is given its broadest possible meaning, and includes all claims, disputes or controversies, including without limitation any claim or attempt to set aside this arbitration provision. SIGNATURES: By signing below, you represent that everything you have stated in this Agreement is true and correct. You will be responsible for paying your share represent that you have read and understand each of any arbitration fees (including filingthe terms and conditions herein and that you agree to each of these terms and conditions. You acknowledge receiving a completed copy of this Agreement and, administrativeamong other things, hearing or other fees), but only up consent to the amount collection authorization in Section 7 above and the Arbitration Provision in Section 12 above which may substantially limit your rights in the event of the filing fees you would have incurred if you had brought a claim in courtdispute. 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.Taxpayer/Applicant Date Joint Taxpayer/Co-Applicant Date
Appears in 1 contract
Arbitration. i. You or we may elect to resolve any claim Claim by individual binding arbitration. This election may be made by the party asserting the Claim or the party defending the Claim. Claims are will be decided by one neutral arbitrator who will be a neutral arbitratorretired judicial officer or an attorney with at least ten (10) years of experience; however, if we both agree, we may select another person with different qualifications.
ii. IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO THAT CLAIM. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS
iii. Before beginning arbitration, you or we must first send a claim noticeClaim Notice. Claims will be referred The party electing arbitration must choose to arbitrate before either JAMS or AAA. However, as selected by if we choose one of those two organizations, you may choose the party electing other organization instead if you inform us of that choice within thirty (30) days after we elect arbitration.
iv. Claims will be resolved pursuant to this Arbitration provision Section XI. and the selected organization's ’s rules in effect when the claim Claim is filed, except where those rules conflict with this AgreementSection XI. If we choose the organizationrules conflict, you may select the other within 30 days after receiving notice terms of our selectionthis Agreement will apply. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization organization, if you and we agree in writing writing, or to an arbitrator appointed pursuant to section Section 5 of the Federal Arbitration Act, 9 U.S.C. sec. §§ 1-16 (the “FAA”). .
v. We will not elect arbitration for any claim Claim you file in small claims court, so long as the claim Claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim Claim at any time unless it has been filed in court and trial has begun or unless final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration arbitration provision, including the right to arbitrate a claimClaim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
vi. This Arbitration arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Arbitrationlimitations of this Section XI, the arbitrator may otherwise award any relief available in court. You and we agree that Any award of punitive damages will be subject to the same limitations as an award of punitive damages in court. 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rulesClaim. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration Arbitration hearings will take place in Newark, New Jersey or, upon your request, in the federal judicial district of your residencewhere you reside.
vii. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim litigated in court. We will be responsible for any additional arbitration fees. At your written request, we We will consider in good faith making a temporary advance of your share of any arbitration fees, fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules , if you ask us in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money writing to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesdo so.
Appears in 1 contract
Sources: E Sign Agreement
Arbitration. You This Agreement contains a pre-dispute arbitration clause. By signing this Agreement, the parties agree as follows: All parties to this Agreement are giving up the right to ▇▇▇ each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or we modify an arbitration award is very limited. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. The arbitrators do not have to explain the reason(s) for their award. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. The rules of some arbitration forums may elect to resolve any impose time limits for bringing a claim by individual in arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationIn some cases, you or we must first send a claim noticethat is ineligible for arbitration may be brought in court. Claims will be referred to either JAMS or AAA, as selected by The rules of the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules arbitration forum in effect when which the claim is filed, except where those rules conflict with and any amendments thereto, shall be incorporated into this Agreement. If we choose the organizationThe arbitration proceeding will be held at such location as may be required by applicable regulations. You agree to settle by arbitration any controversy, dispute, claim or grievance between you may select the other within 30 days after receiving notice or your officers, directors, employees or agents, and us, any of our selection. Contact JAMS affiliates or AAA to begin an arbitration our or for other information. Claims also may be referred to another arbitration organization if you and we agree their shareholders, officers, directors, employees or agents arising out of, or relating to, this Agreement, your Brokerage Account or account transactions, or in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not applyway arising from your relationship with us. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the Such arbitration will be conducted solely before and in accordance with the rules then prevailing of the American Arbitration Association, unless (i) the rules of the Financial Industry Regulatory Authority (FINRA), (ii) another United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member or (iii) an order of court require that the arbitration be conducted under differing rules. The results of any arbitration proceeding shall be final and may be enforced by a court of competent jurisdiction. Either of us may initiate arbitration by serving or mailing a written notice to the other. The notice must specify which rules will apply to the arbitration, and such specification will be binding on the basis both of documents, through a telephonic hearing, or by an in-person hearingus. At any party's request, Any award the arbitrator will provide a brief written explanation of the award. The arbitrator's award makes will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based judgment on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award it may be entered in any court having of competent jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Appears in 1 contract
Arbitration. You and the Company agree that any controversy, claim, or we may elect dispute arising out of or relating to resolve the Terms and Conditions and the attached Agreement, or arising out of or relating to your employment relationship with the Company or any claim of its Affiliates, or the termination of such relationship, shall be resolved by individual arbitration. Claims are decided by binding arbitration before a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's arbitrator under rules set forth in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, except for claims by the Company relating to your breach of any of the covenants set forth in Section 9 U.S.C. secabove. 1-16 (FAA). We will not elect arbitration for any claim you file in small By way of example only, claims courtsubject to the agreement to arbitrate include claims litigated under federal, so long state and local statutory or common law, such as the claim is individual and pending only Age Discrimination in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionEmployment Act, Title VII of the Civil Rights Act of 1964, as amended, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion Civil Rights Act of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of 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 Arbitration1994, the arbitrator may otherwise award any relief available in courtAmericans with Disabilities Act, the law of contract and the law of tort. You and we the Company agree that such claims may be brought in an appropriate administrative forum, but at the point at which you or the Company seek a judicial forum to resolve the matter, the agreement for binding arbitration will be confidentialbecomes effective, and you and the Company hereby knowingly and voluntarily waive any right to have any such dispute tried and adjudicated by a judge or jury. The foregoing not to the contrary, the Company may seek to enforce the covenants set forth in Section 9 above, in any court of competent jurisdiction. The agreement to arbitrate shall continue in full force and effect despite the forfeiture of this Award of Restricted Stock or the termination of your employment relationship with the Company or any of its Affiliates. You and we the Company agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required award rendered by law. 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 will provide a brief written explanation of the award. The arbitrator's award will shall be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to binding and that judgment upon the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any final award may be entered in any court having jurisdictionjurisdiction thereof. At your electionThe arbitrator may grant any remedy or relief that the arbitrator deems just and equitable, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of including any arbitration fees (including filing, administrative, hearing remedy or other fees), but only up to the amount of the filing fees you relief that would have incurred if you been available to you, the Company or any of its Affiliates had brought a claim the matter been heard in court. We will be responsible for any additional arbitration fees. At your written requestAll expenses of the arbitration, we will consider in good faith making a temporary advance including the required travel and other expenses of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If and any witnesses, and the costs relating to any proof produced at the direction of the arbitrator, shall be borne equally by you and the Company unless otherwise mutually agreed or unless the arbitrator rules directs otherwise in your favor for an amount greater than any final offer we made before the final hearing in arbitration, award. The arbitrator’s compensation shall be borne equally by you and the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesCompany unless otherwise mutually agreed or unless the law provides otherwise.
Appears in 1 contract
Arbitration. You or we may elect to resolve and ABG agree that any claim by individual arbitration. or dispute (“Claim”) between us (except for Claims relating to the terms, conditions, limitations, and exclusions of any insurance coverage document, or product repair or warranty benefits, if applicable, which are decided covered by a neutral arbitratorseparate arbitration provision in the New Account Kit) shall, at the election of either of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. Before beginning arbitrationIt is the parties’ intent that this arbitration provision be construed broadly, you including that this arbitration agreement include any Claims against ABG as well as its corporate affiliates. You agree that, by entering into this Agreement, You and ABG are each waiving the right to a trial by jury or to participate in a class action. At your request, we must will pay the first send a claim notice$125 of your arbitration fees. Claims You will be referred solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to either JAMS the extent necessary to provide relief warranted by that party’s individual Claim. YOU AND ABG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and ABG agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreementclass proceeding. If we choose the organizationspecific provision in the preceding sentence is found to be unenforceable, you then the entirety of this arbitration provision shall be null and void. Notwithstanding the foregoing, either party may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin bring an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is shall be governed by the Federal ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇ ▇.▇.▇. §▇ et. seq., (“FAA. The arbitrator will apply applicable substantive law, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules”). Judgment upon any arbitration award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up The arbitrator shall follow substantive law to the amount extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for this Section shall survive any additional arbitration fees. At your written requesttermination, we will consider in good faith making a temporary advance cancellation or expiration of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Agreement.
Appears in 1 contract
Sources: Package Overlay Terms and Conditions
Arbitration. You or we may elect Unless you exercise your right to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved opt out of arbitration pursuant to Section E of this Arbitration provision and the selected organization's rules in effect when the claim is filedProvision, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree cannot resolve a Claim as set forth in writing the Dispute Provision, then either you or we may submit the Claim to an formal arbitration in accordance with this Arbitration Provision. To the fullest extent permitted by applicable law, a Claim will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the procedures for Large, Complex Commercial Disputes, and the provisions of this Agreement, but the requirements of this Arbitration Provision will be followed if there is disagreement between the Arbitration Provision and AAA’s procedures. The arbitrator appointed pursuant or arbitration panel, as the case may be, sitting without a jury, will: apply applicable law, statutes of limitation, and privileges and the provisions of this Bank Account Agreement; determine any Claim according to section 5 of the applicable law and facts based upon the record and no other basis; and issue a reasoned award. The arbitrator or arbitration panel’s decision will be final and binding except for any review allowed by the Federal Arbitration Act, 9 U.S.C. sec. Sections 1-16 ("FAA"). We will not elect arbitration for any claim you file However, if more than $100,000 was genuinely in small claims courtdispute, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either then either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right choose to appeal such decisionto a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with AAA (or, if applicable, a different arbitration organization) not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. If AAA is for any portion of these Limitations on Arbitration is deemed invalid reason unwilling or unenforceableunable to serve, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating parties may agree 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration comparable substitute organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than parties are unable to agree, then a court shall appoint a substitute organization. For the avoidance of doubt, any final offer we made before action or proceeding seeking appointment of a substitute organization shall be subject to the final hearing in arbitrationprovisions of Section C of this Arbitration Provision. You can obtain AAA procedures, the arbitrator's award will includerules, and fee information as follows: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesAAA: 800.778.7879 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/
Appears in 1 contract
Sources: Bank Account Agreement
Arbitration. We will attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other users of the Service) shall be resolved exclusively by final and binding arbitration administered by the National Arbitration and Mediation (“NAM”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable rules and procedures established by the NAM (for information on the NAM and its rules, see ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/). You agree that the arbitration shall be held in New York, NY, unless the NAM or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the NAM or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the NAM shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At AllWell’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). In addition, you or we may elect to resolve any bring an individual claim by individual arbitration. Claims are decided by in a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim but we do not hereby agree to any personal jurisdiction that is individual and pending only in that courtotherwise lacking. You agree that any arbitration shall not permit claims on a class, mass, representative, or we private attorney general basis. You further agree that no claims of other parties may otherwise elect to arbitrate be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any claim at any time unless part of this arbitration clause is later deemed invalid as a matter of law, then it has been filed shall be severed and the remaining portions of this section shall remain in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisioneffect, including with the right to arbitrate a claim, without waiving exception that if the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration preceding paragraph is deemed invalid or unenforceableinvalid, then the this entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations section shall be deemed invalid 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 clause shall be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesvoid.
Appears in 1 contract
Sources: Terms of Service
Arbitration. You Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Sponsor and limits the manner in which you can seek relief from Sponsor. Except for small claims disputes in which you or we may elect Sponsor seek to resolve any claim by bring an individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationaction in small claims court located in the county of your billing address or disputes in which you or Sponsor seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Sponsor waive your rights to a jury trial and to have any dispute arising out of or we must first send a claim noticerelated to this Agreement or the Competition resolved in court. Claims will be referred Instead, all disputes arising out of or relating to either JAMS this Agreement or AAA, as selected by the party electing arbitration. Claims Competition will be resolved pursuant through confidential binding arbitration held in Denver, Colorado in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and Sponsor agree that any dispute arising out of or related to this Arbitration provision and Agreement or the selected organization's rules in effect when the claim Competition is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA personal to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we Sponsor and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Sponsor agree in writing or to an arbitrator appointed pursuant to that this Agreement affects interstate commerce and that the enforceability of this section 5 of will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. sec§ 1, et seq. 1-16 (the "FAA"), to the maximum extent permitted by applicable law. We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed As limited by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations this Agreement 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 requestJAMS Rules, the arbitrator will provide have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a brief written explanation class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Sponsor agree that for any arbitration you initiate, you will pay the filing fee and Sponsor will pay the remaining JAMS fees and costs. For any arbitration initiated by Sponsor, Sponsor will pay all JAMS fees and costs. You and Sponsor agree that the state or federal courts of the State of Colorado and the United States sitting in Denver, Colorado have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitrator's award will be final and bindingANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE COMPETITION MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appealTHE CLAIM IS PERMANENTLY BARRED, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesWHICH MEANS THAT YOU AND SPONSOR WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
Appears in 1 contract
Sources: Competition Agreement
Arbitration. You PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Arbitration is a method of resolving any claim, dispute or we may elect controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any claim by individual arbitrationClaim within the jurisdiction of small claims court. Claims You acknowledge Your understanding that all Parties hereunder are decided by a neutral arbitrator. Before beginning arbitration, you or we must first send a claim notice. Claims will be referred waiving their rights to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant go to this Arbitration provision and the selected organization's rules in effect when the claim is filedcourt, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as to resolve any Claims arising under this Agreement between or among the claim Parties. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is individual and pending only in that courtcommenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or we via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at ▇▇▇.▇▇▇.▇▇▇ or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award may otherwise elect not be set aside except upon the limited circumstances set forth in t he Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provisionthe applicable statute(s) of limitations, including the right applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to arbitrate a claim, without waiving the right to exercise same extent it would be barred if it were asserted in court of law or enforce those rightsequity rather than in arbitration. Notwithstanding any other provision and without waiving the right to appeal such decision, if If any portion of these Limitations on this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then the entire this Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive lawProvision shall, statutes of 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, but you or we may notify any government authority of the claim as permitted or required by law. 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share election of any arbitration fees (including filingParty, administrativebe invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feesthis Arbitration Provision governs.
Appears in 1 contract
Sources: Firearms Extended Service Agreement
Arbitration. You understand and agree that any disputes which may arise regarding the interpretation or we may elect application of this Agreement, or that in any way relate to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitrationyour employment relationship with the Company or the termination of that relationship, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filedthrough a process of binding arbitration (“Potential Claims”), except where those rules conflict with this Agreement. If we choose claims for temporary, preliminary, or interim injunctive relief arising in the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to period before an arbitrator appointed pursuant is selected, including temporary restraining orders or preliminary injunctions, based, for example, on restrictive covenants and/or trade secrets. You agree not to section 5 bring or participate in any class arbitration, class action or collective action against the Company that asserts any of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. This Arbitration provision is governed by the FAAPotential Claims. The arbitrator will apply applicable substantive law, statutes be chosen from among a randomly selected panel of limitations and privilegesfive retired Hennepin County or Minnesota federal judges who are registered Rule 114 qualified neutral arbitrators. Each side shall have the right to strike two arbitrators from the list. The remaining arbitrator will shall arbitrate any dispute in accordance with the Employment Arbitration Rules of the American Arbitration Association (“AAA”) and the Uniform Arbitration Act. The prevailing party in any arbitration shall be entitled to recover its attorneys’ fees and costs incurred to enforce this Agreement. This Agreement does not apply affect your right to file a charge with, make a complaint to, participate in a charge made to, or bring any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject matter to the Limitations on Arbitrationattention of a federal, state, or local agency or administrative body; however, you can only seek monetary relief for a Potential Claim through the arbitrator may otherwise award any relief available arbitration procedure outlined in courtthis Agreement. You agree to waive any and we agree that all rights to a trial by jury on the arbitration will be confidentialPotential Claims. You and we agree not to bring or participate in any class action or collective action against the Company in any forum, including but not limited to arbitration or court, that we will asserts, in whole or in part, any claims that arose before you signed this Agreement, whether or not disclose the content of the arbitration proceeding or its outcome to anyone, but such claims (if brought by you or we may notify any government authority of the claim as permitted or required individually) are covered by lawthis Agreement. If your claim is for $10,000 or lessHowever, 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 will provide a brief written explanation of the award. The arbitrator's award will be final and binding, subject to each party's are not releasing your right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the 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 is issued. The arbitration organization will appoint a three- arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered participate in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing putative or other fees), but only up to the amount of the filing fees certified class actions that were filed before 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness feessigned this Agreement.
Appears in 1 contract
Sources: Separation Agreement (Life Time Group Holdings, Inc.)
Arbitration. You a. Compatibility and you agree to arbitrate all disputes and claims between us except for claims seeking injunctive relief in connection with the intellectual property of Compatibility. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: • claims arising out of or we relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); • claims that may elect arise after the termination of this Agreement.
b. A party who intends to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. Before beginning arbitration, you or we seek arbitration must first send to the other a claim noticewritten Notice of Dispute ("Notice"). Claims will be referred to either JAMS or AAA, as selected by The Notice must (a) describe the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision nature and the selected organization's rules in effect when basis of the claim is filed, except where those rules conflict with this Agreementor dispute; and (b) set forth the specific relief sought ("Demand"). If we choose Compatibility and you do not reach an agreement to resolve the organization, you may select the other claim within 30 days after receiving notice of our selection. Contact JAMS the Notice is received, you or AAA to begin Compatibility may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Compatibility or for other information. Claims also may you shall not be referred disclosed to another arbitration organization the arbitrator until after the arbitrator determines the amount, if you and we agree in writing or any, to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either which you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration Compatibility is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) entitled.
c. The arbitration will not apply. This Arbitration provision is be governed by the FAACommercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at ▇▇▇.▇▇▇.▇▇▇ or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. The arbitrator will apply applicable substantive lawis bound by the terms of this Agreement. All issues are for the arbitrator to decide, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters except that issues relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You scope and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content enforceability of the arbitration proceeding or its outcome provision are for the court to anyonedecide. Unless Compatibility and you agree otherwise, but you or we may notify any government authority of the claim as permitted or required by lawarbitration hearings will take place in Skokie, Illinois. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documentsdocuments submitted to the arbitrator, through a telephonic hearing, or by an in-person hearinghearing as established by the AAA Rules. At any party's requestIf your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of arbitration fees will provide a brief written explanation be governed by the AAA rules.
d. The arbitrator may award declaratory or injunctive relief only in favor of the award. The arbitrator's award will be final individual party seeking relief and binding, subject only to each the extent necessary to provide relief warranted by that party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAAindividual claim. To initiate an appealYOU AND COMPATIBILITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, a party must notify the arbitration organization AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three- arbitrator panel to decide anewCompatibility agree otherwise, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. You will be responsible for paying your share of any arbitration fees (including filing, administrative, 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, or paying for the reasonable fees of an expert appointed by the arbitrator for good causemay not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; entirety of this arbitration provision shall be null and (2) any reasonable attorneys' fees, costs and expert and other witness feesvoid.
Appears in 1 contract
Sources: Terms of Service Agreement