Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 20 contracts
Sources: Service Agreement, Service Agreement, Heating Repair Program Terms and Conditions
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 14 contracts
Sources: Service Agreement, Service Agreement, Home Wiring Repair Terms and Conditions
Dispute Resolution; Arbitration. This Service Agreement requires (and You agree to) binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement of Covered Equipment arising from a BreakdownPower Surge). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any 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 arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the Power Surge occurred or the dispute on arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an “umpire.” Each party will each pay the application expense of this arbitration provision the arbitrator selected by that party. The expense of the umpire will be made shared equally by You and Us. Unless otherwise agreed to by You and Us, the local court of law arbitration will take place in the county and state where in which You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your disputereside. The Consumer arbitration shall be governed by the Federal Arbitration Rules Act (9 U.S.C.A. § 1 et. Seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois where You reside (without giving effect to its conflict of law principles) shall govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 3 contracts
Sources: Surge Protection Service Agreement, Service Agreement, Surge Protection Service Agreement
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation -consolidation of individual arbitrations. Any dispute on 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 application arbitrators will determine the outcome of this the arbitration provision will and the decision of the arbitrators shall be made by the local final and binding and cannot be reviewed or changed by, or appealed to, a court of law in the county and state where You live. Notwithstanding 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreementlaw. 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 demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 the American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 3 contracts
Sources: Area Rug Protection Plan Agreement, Premium Combination 5 Year Protection Plan Agreement, Sample Premium Combination 5 Year Protection Plan
Dispute Resolution; Arbitration. This Service Agreement Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement Contract (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member Customer in any class action litigation, 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 arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service AgreementContract. 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 demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement Contract and all transactions contemplated by this Service AgreementContract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretyContract.
Appears in 3 contracts
Sources: Monthly Vehicle Service Contract, Monthly Vehicle Service Contract, Monthly Vehicle Service Contract
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved Any question, dispute between You and Us concerning this Service Agreement (including the Cost of, lack or differences arising out of or actual repair in connection with this agreement or replacement arising from Breach, termination or validity hereof, shall be first endeavored to be settled through bipartite discussion or negotiations between the parties. If the dispute cannot be amicably settled either party, as soon as practicable, but not earlier than three months after a Breakdown). Under this Arbitration provisionrequest to settle the dispute amicably has been made to the other party, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitrationnote in writing or existence of such question, dispute or difference, specifying the nature and the point at issue, and the same shall be finally settled by Arbitration conducted in SSA- ___________ in accordance with The Arbitration and Conciliation Act 1996 any modifications or reenactments thereto and relevant laws and regulations in force at that time in India. You All such disputes and differences which may make written demand directly arise between the parties hereto as to Us at [the meaning, construction or effect of any of the terms and provisions of this agreement or as to the right or claim of either party under this agreement shall be referred to the sole arbitration of the Chief General Manager, ________ Telecom Circle/ District of the BSNL company or his nominee including any officer of Bharat ▇▇▇▇▇▇▇ ▇▇▇▇▇ Limited (BSNL) nominated by him and the Franchisee shall not raise any objection to such arbitration on the ground that the arbitrator is an officer of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., Chicago, IL 60604, Attn: Law Department]▇ Limited (BSNL) and as such is an interested party or that the Arbitrator so appointed has earlier dealt with the subject matter of this agreement. This demand must be made within one year Any order / Directions / Awards of the earlier of: I. The date Arbitrator shall be final and binding on both the Breakdown occurred or the date the dispute arose, or IIparties. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will proceedings shall take place in the county SSA- ________ and state in which You live. The procedural rules for arbitration shall will be governed by the Federal provisions of The Arbitration and Conciliation Act (9 U.S.C.A. § 1 et. seq.) and not by 1996 or of any state law concerning arbitrationstatutory amendment thereto or any reenactment thereof for the time being in force. The laws Arbitrator so appointed shall pass a speaking award. In case of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitationany dispute, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In SSA _______ Court alone shall have the event either party files a claim(s) against territorial jurisdiction to adjudicate upon the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretymatter.
Appears in 1 contract
Sources: Franchise Agreement
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance performance, and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownclaim). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one year of the earlier of: I. The date the Breakdown loss giving rise to the claim occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part All costs and expenses of the fees of the AAA arbitration will be shared equally by You and of the arbitrator. The arbitrator may otherwise allocate these feesUs. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Sources: Service Agreement
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost Agreement Price of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, 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 arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 the American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Sources: Protection Plan Agreement
Dispute Resolution; Arbitration. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, the return premium is This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost cost of, lack of or actual repair or replacement arising from a Breakdownfailure). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute 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 arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a based upon one-hundred percent (100%) of the unearned pro-rata premium. We also may immediately cancel this Agreement and You will not be entitled to a refund if You fail to make any payment when due, if You fail to provide a location that is a home or office environment that is conducive to computer repair, if You insist on service to be provided at varying locations, if You fail to properly restrain a pet, if You threaten the application of this arbitration provision will Servicer either verbally or physically, if Your location or the general area where the System is located is dangerous, infested with insects, rodents pests, biohazards, human or animal excrement and/or chemicals as reasonably determined to be made unsafe by the local Servicer. court of law in the county and state where law. Neither We nor You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an may institute any action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. form arising out 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 demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown failure occurred or the date of this Agreement more than eighteen (18) months after the dispute arosecause of action has arisen, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by case of nonpayment, more than eighteen (18) months from the Federal Arbitration Act (9 U.S.C.A. § 1 et. seqdate of last payment.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved If You have a dispute with Company, You agree to contact us and try to resolve the dispute informally before pursuing other avenues. You and Company each agree that any and all disputes or claims that have arisen, or may arise, between You and Us concerning Company (or any related third parties) that relate in any way to or arise out of this Service Agreement (including the Cost ofor previous versions of this Agreement, lack Your use of or actual repair access to our Services, the actions of Company or replacement arising from a Breakdown)its agents, or otherwise related to our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Under The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration provisionagreement to arbitrate. To begin an arbitration proceeding, You give up Your right must send a letter requesting arbitration and describing your claim to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute Company at its then current address listed on the application of this Website. The arbitration provision will be made conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Streamlined Arbitration Rules of the American Arbitration Association (and procedures available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇) will apply /rules-streamlined- arbitration/ or any successor link made available by JAMS from time to any arbitration under this Service Agreement. To start arbitrationtime; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us available at [▇▇▇ ▇▇▇▇ ▇://▇▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇/rules-comprehensive-arbitration/ or any successor link made available by JAMS from time to time. JAMS’ rules are also available at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ or by calling JAMS at ▇▇▇-▇▇▇-▇▇▇▇, Chicagoor any successor website or phone number made available by JAMS from time to time. If JAMS is not available to arbitrate, IL 60604, Attn: Law Department]. This demand must the applicable dispute will be made within one year resolved in accordance with the rules of the earlier of: I. The date American Arbitration Association. You may choose to have the Breakdown occurred or the date the dispute arosearbitration conducted by telephone, based on written submissions, or IIin person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The applicable statute arbitrator shall have exclusive authority to (i) determine the scope and enforceability of limitations period this arbitration agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this arbitration agreement including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitration will decide the rights and liabilities, if that period is longerany, of You and Company. One mutually agreed upon The arbitrator will be identified. We will advance shall have the authority to You grant motions dispositive of all or part of the fees of the AAA and of the arbitratorany claim. The arbitrator may otherwise allocate these feesshall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Unless otherwise agreed The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of the limitations set forth in this Section 17 as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Chicago, Illinois. All other claims shall be arbitrated. You have the right to opt out of the provisions of this Agreement that mandate arbitration by You sending written notice of your decision to opt out to: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇, within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision. Your notice must include your name and Usaddress, Your Company username (if any), the email address You used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. If You opt out of arbitration, all other parts of this Agreement will take place continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that You may currently have, or may enter in the 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. seqfuture, with Company.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Sources: Online Terms of Use
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost of, of lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer. One mutually agreed upon arbitrator will be identified. We will advance to You all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance performance, and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Dispute Resolution; Arbitration. This Service Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the Cost Agreement Price of, lack of or actual repair or replacement arising from a Breakdownbreakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, 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 arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service Agreement. 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 demand must be made within one (1) year of the earlier of: I. The of the date the Breakdown breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an "umpire". All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 the American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entirety.
Appears in 1 contract
Sources: Protection Plan Agreement
Dispute Resolution; Arbitration. This Service Agreement Contract requires binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement Contract (including the Cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Agreement Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, 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 arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed 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 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 American Arbitration Association (▇▇▇.▇▇▇.▇▇▇) will apply to any arbitration under this Service AgreementContract. 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 demand must be made within one year of the earlier of: I. The of the date the Breakdown occurred or the date dispute arose or the dispute arose, or II. The applicable statute of limitations period if that period period, whichever is longer. One mutually agreed upon arbitrator will be identified. You and We will advance to You all or part of the fees of the AAA and of the each separately select an arbitrator. The two arbitrators will select a third arbitrator may otherwise allocate these feescalled an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the 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 laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Agreement Contract and all transactions contemplated by this Service AgreementContract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Agreement. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Agreement is unenforceable, the portion of this Service Agreement that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Agreement that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Agreement shall be unenforceable in its entiretyContract.
Appears in 1 contract
Sources: Mechanical Repair Service Contract