Common use of DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Clause in Contracts

DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You agree that all individual claims or disputes arising from or relating to this Plan, whether in contract, tort, pursuant to statute, regulation, ordinance or in equity or otherwise and whether Your dispute is with Administrator, Obligor, Selling Retailer, or the insurer listed in Section 12.4, Insurance, will be settled by impartial arbitration. To initiate arbitration, You must notify the Administrator in writing of Your desire to submit your issue to arbitration. You are responsible for providing the Administrator with at least three (3) proposed arbitrators. Administrator has the right to question the proposed arbitrators to confirm neutrality and select any of the three to act as the Arbitrator. If the Administrator demonstrates that none of the three proposed arbitrators are neutral, You may be asked to proffer additional arbitrators until one is selected. The Arbitrator is responsible for setting the ground rules and procedures for the arbitration. You agree to abide by the Arbitrator’s decision and share the cost of arbitration equally unless the Arbitrator directs otherwise. If this section conflicts with the statutory or regulatory arbitration provision in the state in which this Agreement was purchased, the state’s arbitration rules will govern.

Appears in 2 contracts

Sources: Service Agreement, Service Agreement

DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. To the extent permitted by applicable law, You agree that all individual claims or disputes arising from or relating to this Plan, whether in contract, tort, pursuant to statute, regulation, ordinance or in equity or otherwise and whether Your dispute is with the Administrator, Obligor, or Selling Retailer, or the insurer listed in Section 12.4, Insurance, will be settled by impartial arbitrationarbitration by a single arbitrator (the “Arbitrator”). To initiate arbitration, You must notify the Administrator in writing of Your desire to submit your Your issue to arbitration. You are responsible for providing the Administrator with at least three (3) proposed arbitratorsArbitrators. The Administrator has the right to question the proposed arbitrators Arbitrators to confirm neutrality and select any of the three to act as the Arbitrator. If the Administrator demonstrates that none of the three proposed arbitrators Arbitrators are neutral, You may be asked to proffer additional arbitrators Arbitrators until one is selected. The Arbitrator is responsible for setting the ground rules and procedures for the arbitration. You agree to abide by the Arbitrator’s decision and share the cost of arbitration equally unless the Arbitrator directs otherwise. If this section conflicts with the statutory or regulatory arbitration provision in the state in which this Agreement was purchased, the state’s arbitration rules will govern.

Appears in 1 contract

Sources: Furniture Service Agreement