Common use of Prohibition of Class and Representative Actions and Non-Individualized Relief Clause in Contracts

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate and issues that this Agreement to Arbitrate indicates that a court can resolve. Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwise.

Appears in 4 contracts

Sources: User Agreement, User Agreement, User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non- Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) under its rules and procedures, including the AAA’s 's Consumer Arbitration RulesRules (as applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s 's rules are available at ▇▇▇.▇▇▇.▇▇▇. In A party who intends to seek arbitration must first send the event that other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. PayPal will send any notice to you to the AAA address we have on file associated with your PayPal account; it is unavailable your responsibility to administer keep your address up to date. All information called for in the arbitrationnotice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, another administrator will be selected by you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the parties or by the courtAAA's website at ▇▇▇.▇▇▇.▇▇▇. Any The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator requires arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 4 contracts

Sources: User Agreement, User Agreement, User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any A party who intends to seek arbitration hearings must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 45 days after the notice is received by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at ▇▇▇.▇▇▇.▇▇▇. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator requires arbitrator(s) require otherwise.

Appears in 2 contracts

Sources: User Agreement, User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal Metal X agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class class, consolidated, collective, or representative action or proceeding. Unless both you and PayPal Metal X agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative representative, collective, or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other PayPal customersMetal X Users. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) under its rules and procedures, including the AAA’s 's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") (as applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇. In Notwithstanding any choice of law or other provision in these Terms, the event parties agree and acknowledge that this Agreement to Arbitrate evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA is unavailable Rules shall preempt all state laws to administer the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement to Arbitrate or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to Metal $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearings shall request for payment of fees by Metal X should be held in submitted by mail to the county in which you reside or at another mutually agreed locationAAA along with your Demand for Arbitration and Metal X will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $25,000 or less, 10,000 and you are able to demonstrate that the costs of accessing arbitration will be conducted based solely prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on written submissionsan individual basis, unless Metal X will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Metal X for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any party requests an inof the provisions in the Prohibition of Class and Representative Actions and Non-personIndividualized Relief section above, telephonic, or videoconference hearing or the arbitrator if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a hearing court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above is necessary. In cases where an in-person hearing is heldinvalid or unenforceable, you and/or PayPal may attend by telephone or videoconferencethen the entirety of this Agreement to Arbitrate shall be null and void, unless but the arbitrator requires otherwiseremainder of these Terms will continue to apply.

Appears in 2 contracts

Sources: User Agreement, User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the ma other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or repres proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a pr consolidated, representative or class proceeding. Also, the pro arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking in relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration laws uses a neutral arbitrator or arbitrators instead of a judge or jury, and ins court review of an arbitration award is very limited. However, the arbitrator v arbitrator(s) can award the same damages and relief on an damage individual basis that a court can award to an individualarbitrator(s) also must follow the terms o court would. All issues are for the arbitrator to decide, except arbitr that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of sc this Agreement to Arbitrate Arbitrate, or the interp of Class and issues that this Agreement to Arbitrate indicates that Representative Actions a Relief section above, shall be for a court can resolveto decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) u procedures, including the AAA’s Consumer Arbitration Rules's Consu applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s Agreem rules are available at ▇▇▇.▇▇▇.▇▇▇. In A pa arbitration must first send the event that other party completed Notice of Dispute. You shou PayPal at: PayPal, Inc., Attn: Litigation Dispute, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇ send any notice to you to the AAA address we with your PayPal account; it is unavailable your resp address up to administer date. All information calle provided including a description of the arbitration, another administrator will be selected by n claims the parties or by party is asserting and the courtrelie If you and PayPal are unable to resolve t notice within 30 days after the notice is s initiate arbitration proceedings. Any A form f proceedings is available on the AAA's w The arbitration hearings shall be held in the county in which you reside or at count another mutually agreed location. If the $10,000 or less, you or PayPal may elect conducted by telephone or based solely which election shall be binding on you a discretion of the arbitrator(s) to require a circumstances warrant. In cases where a you and/or PayPal may attend by telepho require otherwise. Any settlement offer shall not be disclosed to the arbitrator(s) The arbitrator(s) will decide the substanc accordance with applicable law, includin equity, and will honor all claims of privi The arbitrator(s) shall not be bound by r involving different PayPal customers, bu prior arbitrations involving the same Pay required by applicable law. The award o final and binding, and judgment on the a arbitrator(s) may be entered in any court Costs of Arbitration Payment of all filing, administration, an governed by the AAA's rules, unless oth Agreement to Arbitrate. If the value of t or less, at your request, PayPal will pay and arbitrator fees associated with the ar payment of fees by PayPal should be sub along with your Demand for Arbitration arrangements to pay all necessary fees d value of the relief sought is more than $25,000 1 demonstrate that the costs of accessing a prohibitive as compared to the costs of a purposes of pursuing litigation on an ind pay as much of the filing, administration arbitrator(s) deem necessary to prevent t arbitration from being prohibitive. In the determine the claim(s) you assert in the you agree to reimburse PayPal for all fee arbitration paid by PayPal on your ▇▇▇▇▇ be obligated to pay under the AAA's rule Severability With the exception of any of the provisi Class and Representative Actions and Relief section above, if a court decides t Agreement to Arbitrate is invalid or lessune of this Agreement to Arbitrate shall still that any of the provisions in the Prohibi Representative Actions and Non-Indiv above is invalid or unenforceable becaus exercise of a non-waivable right to pursu then any dispute regarding the entitleme that relief) must be severed from arbitrat court. All other disputes subject to arbitr Agreement to Arbitrate shall be arbitrate Opt-Out Procedure If you are a new PayPal customer, you c Agreement to Arbitrate by mailing us a opt-out notice must be postmarked no la date you accept this user agreement for t mail the arbitration will be conducted based solely on written submissionsopt-out notice to PayPal, unless Inc., A ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ 95 For your convenience, we are providing must complete and mail to opt out of thi You must complete this form by providi calls for, including your name, address, email address(es) used to log in to the Pa the opt-out applies. You must sign the o effective. This procedure is the only way Agreement to Arbitrate. If you opt out o Arbitrate, all other parts of the user agre apply. Opting out of this Agreement to A any party requests an in-personprevious, telephonicother, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwisefuture arbitration have with us.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) under its rules and procedures, including the AAA’s 's Consumer Arbitration RulesRules (as applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s 's rules are available at ▇▇▇.▇▇▇.▇▇▇. In A party who intends to seek arbitration must first send the event that other party, by certified mail, a completed form Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. PayPal will send any notice to you to the AAA address we have on file associated with your PayPal account; it is unavailable your responsibility to administer keep your address up to date. All information called for in the arbitrationnotice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, another administrator will be selected by you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the parties or by the courtAAA's website at ▇▇▇.▇▇▇.▇▇▇. Any The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration, and arbitrator requires otherwisefees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. Opt-Out Procedure If you are a new PayPal customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice to PayPal, Inc., Attn: Litigation Department, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. For your convenience, we are providing an opt-out notice form you must complete and mail to opt out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any A party who intends to seek arbitration hearings shall must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be held valid, the Notice of Dispute must contain all information called for in the county in which you reside or at another mutually agreed location. If Notice of Dispute form, including the value email address and phone number associated with your PayPal account, a description of the nature and basis of the claims you are asserting, and the specific relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwisesought.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Classand Representative Actions and issues that this Agreement to Arbitrate indicates that Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) under its rules and procedures, including the AAA’s 's Consumer Arbitration RulesRules (as applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s 's rules are available at ▇▇▇.▇▇▇.▇▇▇. In A party who intends to seek arbitration must first send the event that other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. PayPal will send any notice to you to the AAA address we have on file associated with your PayPal account; it is unavailable your responsibility to administer keep your address up to date. All information called for in the arbitrationnotice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, another administrator will be selected by you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the parties or by the courtAAA's website at ▇▇▇.▇▇▇.▇▇▇. Any The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration, and arbitrator requires otherwisefees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in the Prohibition of Classand Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non- waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this user agreement as a court would. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, and issues that this Agreement to Arbitrate indicates that a court can resolvethe scope or interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section above. Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, includingConsumer Arbitration Rules in effect at the time the arbitration is commenced, as applicable, the AAA’s Consumer Arbitration Rules, and as modified by this Agreement to Arbitrate, shall apply, including the AAA’s rules regarding Multiple Consumer Case Filings. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearings shall Before bringing any dispute or claim, you or PayPal must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be held valid, the Notice of Dispute must contain all information called for in the county Notice of Dispute form, including the email address and phone number associated with the customer’s PayPal account, a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party. You and PayPal each agree to negotiate disputes and claims in which you reside good faith and to make a good faith effort to resolve disputes and claims. You and PayPal agree not to commence any arbitration or at another mutually agreed locationsmall claims court proceeding unless the parties are unable to resolve the claim within 45 days after the other party receives the Notice of Dispute. If you and PayPal are unable to resolve the value of claims described in the relief sought notice within 45 days after the notice is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is heldreceived, you and/or or PayPal may attend by telephone or videoconference, unless initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the arbitrator requires otherwiseAAA’s website at ▇▇▇.▇▇▇.▇▇▇.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate and issues that this Agreement to Arbitrate indicates that a court can resolve. Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-in- person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No court or arbitrator shall be bound by rulings in prior arbitrations involving different PayPal customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or PayPal’s claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. Opt-Out Procedure If you are a new PayPal customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt- out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice to PayPal, Inc., Attn: Litigation Department, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. For your convenience, we are providing an opt-out notice form you must complete and mail to opt out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt- out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) arbitrator may not consolidate or join more than one person’s 's or party’s 's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s 's individual claim(s). Any relief awarded cannot affect other PayPal customersPayPalcustomers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, and issues that this Agreement to Arbitrate indicates that a court can resolve. Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, includingConsumer Arbitration Rules in effect at the time the arbitration is commenced, as applicable, the AAA’s Consumer Arbitration Rules, and as modified by this Agreement to Arbitrate, shall apply. .The AAA’s 's rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable or unwilling to administer the arbitrationarbitration consistent with this Agreement to Arbitrate, another administrator will be selected by the parties or by the court. Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwise.. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No court or arbitrator shall be bound by rulings in prior arbitrations involving different PayPal customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in anycourt having jurisdiction thereof. Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitratordeems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section

Appears in 1 contract

Sources: Platform Seller Account Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwise.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any A party who intends to seek arbitration hearings shall must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be held valid, the Notice of Dispute must contain all information called for in the county in which Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims you reside or at another mutually agreed locationare asserting, and the specific relief sought. If you and PayPal are unable to resolve the value of claims described in the relief sought notice within 45 days after the notice is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is heldreceived by PayPal, you and/or or PayPal may attend by telephone or videoconference, unless initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the arbitrator requires otherwiseAAA’s website at ▇▇▇.▇▇▇.▇▇▇.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any A party who intends to seek arbitration hearings must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, P.O. Box 45950, Omaha, NE 68145-0950. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 45 days after the notice is received by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at ▇▇▇.▇▇▇.▇▇▇. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator requires arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s).

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any A party who intends to seek arbitration hearings shall must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, P.O. Box 45950, Omaha, NE 68145-0950. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be held valid, the Notice of Dispute must contain all information called for in the county in which Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims you reside or at another mutually agreed locationare asserting, and the specific relief sought. If you and PayPal are unable to resolve the value of claims described in the relief sought notice within 45 days after the notice is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is heldreceived by PayPal, you and/or or PayPal may attend by telephone or videoconference, unless initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the arbitrator requires otherwiseAAA’s website at ▇▇▇.▇▇▇.▇▇▇.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal Metal X agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class class, consolidated, collective, or representative action or proceeding. Unless both you and PayPal Metal X agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative representative, collective, or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in courtMetal X Users. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) under its rules and procedures, including the AAA’s 's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") (as applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules AAA Rules are available at ▇▇▇.▇▇▇.▇▇▇. In Notwithstanding any choice of law or other provision in these Terms, the event parties agree and acknowledge that this Agreement to Arbitrate evidences a transaction involving interstate commerce and that the AAA Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is unavailable to administer the arbitration, another administrator will be selected by intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement to Arbitrate or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to Metal X at: General Counsel at Metallicus Inc. ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ #▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. We will send any notice to you to the courtaddress we have on file associated with your Account. Any It is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Metal X are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Metal X may initiate arbitration hearings proceedings. A form for initiating arbitration proceedings is available on the AAA's website at ▇▇▇.▇▇▇.▇▇▇. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or Metal X may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and Metal X subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal or Metal X may attend by telephone or videoconferencetelephone, unless the arbitrator requires arbitrator(s) require otherwise. Any settlement offer made by you or Metal X shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) will not be bound by rulings in prior arbitrations involving different customers of ours but is/are bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s 's or party’s 's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s 's individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA")) under its rules and procedures, as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s 's Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s 's rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any A party who intends to seek arbitration hearings must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Legal Specialists, Re: Notice of Dispute, ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 45 days after the notice is received by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at ▇▇▇.▇▇▇.▇▇▇. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personin- person hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration, and arbitrator requires otherwisefees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate and issues that this Agreement to Arbitrate indicates that a court can resolve. Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at ▇▇▇.▇▇▇.▇▇▇. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-in- person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No court or arbitrator shall be bound by rulings in prior arbitrations involving different PayPal customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or PayPal’s claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.

Appears in 1 contract

Sources: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator arbitrator(s) to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate Arbitrate, or the interpretation of the Prohibition of Class and issues that this Agreement to Arbitrate indicates that Representative Actions and Non-Individualized Relief section above, shall be for a court can resolveof competent jurisdiction to decide. Any The arbitration will be administered conducted by the American Arbitration Association (referred to as the "AAA"). For all claims in which the value of the relief sought is $10,000 or less) under its rules and procedures, including the AAA’s 's Consumer Arbitration RulesRules (as applicable), as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s 's rules are available at ▇▇▇.▇▇▇.▇▇▇. In A party who intends to seek arbitration must first send the event that other party, by certified mail, a completed form Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. PayPal will send any notice to you to the AAA address we have on file associated with your PayPal account; it is unavailable your responsibility to administer keep your address up to date. All information called for in the arbitrationnotice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, another administrator will be selected by you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the parties or by the courtAAA's website at ▇▇▇.▇▇▇.▇▇▇. Any The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $25,000 10,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, unless any party requests which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-personperson hearing, telephonic, or videoconference hearing or if the arbitrator decides that a hearing is necessarycircumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone or videoconferencetelephone, unless the arbitrator requires arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Sources: User Agreement