Common use of Arbitration Clause in Contracts

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 68 contracts

Samples: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement

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Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own If You initiate arbitration with AAA, You must pay any AAA filing fees, fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with an the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including attorneys all attorney's fees. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES. If any portion of this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT.

Appears in 29 contracts

Samples: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own If You initiate arbitration with AAA, You must pay any AAA filing fees, fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with an the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including attorneys all attorney's fees. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES. If any portion of this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs.

Appears in 14 contracts

Samples: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own If You initiate arbitration with AAA, You must pay any AAA filing fees, fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with an the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including attorneys all attorney's fees. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES. If any portion of this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT.

Appears in 12 contracts

Samples: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own If You initiate arbitration with AAA, You must pay any AAA filing fees, fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with an the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including attorneys all attorney's fees. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES. If any portion of this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs.

Appears in 10 contracts

Samples: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES YOU AND VERIZON AGREE THAT ANY CLAIM ISSUE OR DISPUTE THAT YOU MAY HAVE ARISES, RESULTS FROM, OR IN ANY WAY RELATES TO THE FUTURE RELATING SERVICES OR THIS AGREEMENT ("DISPUTES") SHALL BE RESOLVED ONLY BY BINDING INDIVIDUAL ARBITRATION AND THAT THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONAGREEMENT. Notwithstanding Either party may initiate arbitration by notifying the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days other Party of the purchase Dispute in writing at least 30 days in advance of this Agreementinitiating the Arbitration. Arbitration is a method Notice to Verizon should be sent to xxxxxxxxxxxxxxx@xxxxxxx.xxx or to Verizon Dispute Resolution Manager, Xxx Xxxxxxx Xxx, XX00X000, Basking Ridge, NJ 07920. We will notify you at the billing address for your account. The notice must describe the nature of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, the claim and the Administrator (relief being sought. If the “Parties”) parties are irrevocably waiving unable to resolve our rights dispute within 30 days, either party may then proceed to go to court and are agreeing instead to submit file a claim for arbitration. Verizon will pay any claims, disputes or controversies between filing fee that the Parties to binding arbitration AAA charges You for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding initiating arbitration. The Parties agree and acknowledge that Arbitration will take place before a single arbitrator in the transaction evidenced by this Agreement affects interstate commerce county where Service is provided and the Federal AAA Commercial Rules of Arbitration Act (“Act”) applies shall apply. You may also bring a claim in small claims court subject to this Arbitration Provisionthat court’s jurisdictional limit. The Parties agree YOU AND WE AGREE THAT ANY ARBITRATION OR CLAIM IN SMALL CLAIMS COURT WILL ONLY BE ON AN INDIVIDUAL BASIS AND THAT NO CLASS CLAIMS, PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR CLASS ARBITRATION MAY BE MAINTAINED. THE ARBITRATOR MAY ONLY AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO DETERMINE OR PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION. Except for an action to resolve all claims, disputes and controversies (collectively “Claims”) compel arbitration or for a temporary restraining order or injunction related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherneither party shall seek to resolve any Dispute in court, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in except a small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residenceas set forth above, or via telephone. For information about how to initiate by any process other than by arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESas set forth above.

Appears in 8 contracts

Samples: Carefully, Carefully, Carefully

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES YOU HEREBY AGREE THAT ANY CLAIM DISPUTE ARISING NOW OR DISPUTE IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF THE ACTION ASSERTED, SHALL BE RESOLVED BY BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE HAD TO A JURY TRIAL OR TO LITIGATE ANY CLAIM IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT HAVE THE RIGHT TO BRING, OR PARTICIPATE AS A CLASS MEMBER IN, A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER FORM OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, ) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTJURY. The binding arbitration provisions apply to any and all claims that you have against the Association or its affiliates, successors, or assigns, and all of their respective directors, employees, agents, or assigns, or that the Association has against you, including any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement in whole or in part. This Agreement is made pursuant to a transaction involving interstate commerce, and shall be administered governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended. The party filing a claim in arbitration must file before the American Arbitration Association (AAA”). The arbitration shall be governed pursuant to ) under the rules of the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commencedclaim was filed. You have The parties hereto may agree upon one arbitrator. Otherwise, there shall be three arbitrators, one named by you, a right second arbitrator named by the Association, and a third arbitrator selected by the two arbitrators so named. The decision of a majority of the arbitrators shall be final with respect to attend the matters in dispute. Any arbitration hearing shall be held at a place chosen by the arbitrator within the federal district in personwhich you reside at the time the claim is filed or at some other place to which you and the Association agree in writing. You may choose to have Judgment upon any arbitration hearing held award may be entered in any court having jurisdiction. This arbitration provision shall survive termination or modification of the county in which You liveAgreement, the closest AAA location to Your residence, and any bankruptcy or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx similar proceeding initiated by you or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESon your behalf.

Appears in 7 contracts

Samples: Electronic Disclosure Agreement, Electronic Disclosure Agreement, Authorization and Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoing, You have the right to opt out event of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In lawsuit by Tenant against Landlord (or Landlord against Tenant) arising from Tenant’s rental or use of the storage space or this Arbitration ProvisionRental Agreement, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes claim or controversies between the Parties lawsuit shall be submitted to binding arbitration for resolution. This Arbitration Provision sets forth upon the terms request of either party and conditions the service of our agreement to binding arbitrationthat request on the other party. The Parties parties agree and acknowledge that the transaction evidenced arbitration shall be conducted and heard by this Agreement affects interstate commerce and a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND TENANT AND LANDLORD AGREE NOT TO ACT AS A CLASS- REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Landlord will not request to arbitrate any claim, dispute or lawsuit that Tenant brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Landlord may then choose to arbitrate. The arbitration must be brought within the time set by the applicable statute of limitations or within two years of Tenant vacating the premises, whichever occurs first. The Federal Arbitration Act (“Act”FAA) applies to shall govern this Arbitration Provisionarbitration agreement. The Parties agree Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found xxx.xxxxxx.xxx. <xxxx://xxx.xxxxxx.xxx/>Tenant understands that Tenant is entitled to resolve all claims, a judicial adjudication of disputes and controversies (collectively “Claims”) related in any way with the Landlord with respect to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equityis waiving that right. Notwithstanding this agreement to arbitrate, each The parties are aware of the Parties retains limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Landlord and Tenant stipulate and agree that they have had sufficient time and opportunity to consider the right implications of their decision to seek remedies in small claims court to resolve any Claim within arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the jurisdiction consequences of small claims courtentering into this addendum. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtIF LANDLORD CHOOSES ARBITRATION, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY TENANT SHALL NOT HAVE THE RIGHT YOU MAY HAVE TO LITIGATE SUCH CLAIM OR LAWSUIT IN SMALL CLAIMS COURT, STATE, COUNTY COURT OR FEDERAL COURT ANY CLAIM ON TO HAVE A CLASS-JURY TRIAL. TENANT IS ALSO GIVING UP TENANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION BASIS OR IN ANY OTHER COLLECTIVE ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.#pb

Appears in 7 contracts

Samples: Rental Agreement, Rental Agreement, Rental Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right Arbitration shall be subject to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. state arbitration law.The arbitration shall be administered conducted before one commercial arbitrator with substantial experience in resolving similar disputes.The matter may be arbitrated either by JAMS or the American Arbitration Association (“AAA”). The , as mutually agreed upon by the parties or selected by the party filing the xxxxx.Xx modified by this Agreement, unless agreed upon by the parties in writing, the conduct of the arbitration shall be governed pursuant subject to the then current rules of JAMS or AAA Consumer Arbitration Rules (whichever is arbitrating the “Code”dispute), for commercial arbitration and, if the arbitrator deems it appropriate, consumer disputes. The You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court.Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or xxxx.Xxx are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and Footage Firm must abide by the following rules: (a) at your election, any in-person arbitration hearing may take place in the federal judicial district of your residence; (b) if your claim is for $10,000 or less, instead of an in-person hearing, you may choose whether the arbitration will occur before be conducted solely on the basis of documents or through a single, neutral arbitrator selected in accordance with telephonic hearing; (c) the Code in effect at the time the arbitration arbitrator’s ruling is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code binding and forms at xxx.xxx.xxx or call not merely advisory; (800d) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, CLAIMS BROUGHT BY YOU OR FOOTAGE FIRM MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OF OTHERSPLAINTIFF, A PRIVATE ATTORNEY GENERAL OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS. REPRESENTATIVE OR CLASS PROCEEDING, (f) THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO ARBITRATOR SHALL NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A AWARD CLASS-ACTIONWIDE RELIEF; (g) Footage Firm will pay the arbitration costs as required by the rules of JAMS or AAA (depending upon which is arbitrating the dispute), COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESand in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Footage Firm will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (h) the arbitrator may award any damages or other relief or remedies (including attorneys’ fees and costs) that are permitted by applicable law; and (i) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at-issue permit the prevailing party to be paid its fees’ and litigation costs, and in such instance any fees’ and costs awarded by the arbitrator shall be determined by applicable law, statute, regulation, or case law. Notwithstanding the foregoing, either you or Footage Firm may bring an individual action in small claims court.Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.Such claims shall be exclusively brought in the state or federal courts located in the State of Delaware. With the exception of subparts (d) - (f) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subparts (d) - (f) are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Footage Firm shall be entitled to xxxxxxxxxxx.Xx the event this agreement to arbitrate is held unenforceable, or in the event both AAA and JAMS refuse to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between Footage Firm and you shall be exclusively brought in the state or federal courts located in the State of Delaware.

Appears in 7 contracts

Samples: Royalty Free License Agreement, Royalty Free License Agreement, Royalty Free License Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy (“Claim”) arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to to: i) this Agreement Agreement; ii) your Card; iii) the Cards of additional cardholders designated by binding arbitrationyou, including but not limited to Claims if any; iv) your acquisition of the Card; v) your use of the Card; vi) the amount of available funds in the Card Account; vii) advertisements, promotions or oral or written statements related to the underlying transaction giving rise Card, as well as goods or services purchased with the Card; viii) the benefits and services related to this Agreementthe Card; or ix) transactions on the Card, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”)) under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. 1- 16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, the closest NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA location to Your residence, or via telephoneCODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about how to initiate arbitration with the this organization, contact it at: AAA, the Parties shall refer 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 or at xxx.xxx.xxx. All determinations as to the AAA Code scope, interpretation, enforceability, and forms at xxx.xxx.xxx or call (800) 778–7879validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Each Party is responsible for their own filing feesJudgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUThis arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, INDIVIDUALLYsale or assignment of your Card, ACKNOWLEDGE AND or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION OF ANY CLAIM HEREUNDER ON AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. CALL 0-000-000-0000 TO CANCEL THE CARD AND TO REQUEST A CLASS-ACTIONREFUND, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIF APPLICABLE.

Appears in 6 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead Company agree to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to mandatory binding arbitration. The Parties agree and acknowledge that the transaction evidenced , governed by this Agreement affects interstate commerce and the Federal Arbitration Act (“ActFAA) applies ), any and all claims arising out of or related to this Arbitration Provision. The Parties agree to resolve all claimsyour employment with the Company and the termination thereof, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitrationincluding, including but not limited to Claims to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment) based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the underlying transaction giving rise improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to this Agreementthe fullest extent permitted by law, you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or the Company’s individual capacity, and including furthernot as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, without limitationhowever, Claims restricts your right to pursue claims in court: (a) on a representative action basis under applicable law, or (b) arising under contractthe Washington State Law Against Discrimination (RCW 49.60, tortet seq.) or any federal anti-discrimination law. SUBJECT TO THE ABOVE PROVISO, statute, regulation, rule, ordinance or other rule of law or equityTHE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. Notwithstanding this THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY CLAIMS BETWEEN YOU AND THE COMPANY. This agreement to arbitrate, each of the Parties retains the arbitrate does not restrict your right to seek remedies in small file administrative claims court you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to resolve any Claim within file such claims (including, but not limited to, the jurisdiction National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of small claims courtLabor). You acknowledge Your understanding that all Parties hereunder are waiving their rights However, the parties agree that, to go to courtthe fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims, except for small the resolution of claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTof discrimination. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur conducted in Seattle, Washington through JAMS before a singlesingle neutral arbitrator, neutral arbitrator selected in accordance with the Code JAMS employment arbitration rules then in effect at effect, provided however, that the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liveFAA, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible including its procedural provisions for their own filing fees, costs and expenses associated with an compelling arbitration, including attorneys feesshall govern and apply to this arbitration agreement. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONThe JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISIf you are unable to access these rules, BY YOU AS A REPRESENTATIVE OF OTHERSplease let me know and I will provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. If, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOUfor any reason, INDIVIDUALLYany term of this Arbitration and Class Action Waiver provision is held to be invalid or unenforceable, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTIONall other valid terms and conditions herein shall be severable in nature, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESand remain fully enforceable.

Appears in 5 contracts

Samples: Letter Agreement (Remitly Global, Inc.), Letter Agreement (Remitly Global, Inc.), Letter Agreement (Remitly Global, Inc.)

Arbitration. PLEASE IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY JURY OR THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionA CLASS ACTION. This Arbitration Provision section sets forth the terms circumstances and conditions procedures under which Claims may be arbitrated instead of our agreement to binding arbitrationlitigated in court. The Parties You and we specifically acknowledge and agree and acknowledge that the these Terms & Conditions evidence a "transaction evidenced by this Agreement affects interstate commerce and involving commerce" under the Federal Arbitration Act and hereby waive and relinquish any right to claim otherwise. This agreement to arbitrate is made in consideration of you being allowed to participate in the Program and is part of the bargained-for exchange resulting in your enrollment in the Program and becoming entitled to access the Benefits provided under the Program. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling the My RewardsTM customer service department at 000-000-0000. In the unlikely event that the My RewardsTM customer service department is unable to resolve a complaint you may have to your satisfaction (“Act”) applies or if My RewardsTM has not been able to this Arbitration Provision. The Parties resolve a dispute it has with you after attempting to do so informally), we each agree to resolve all claimsthose disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, disputes allows for more limited discovery than in court, and controversies (collectively “Claims”) related in any way is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement by binding will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, My RewardsTM will pay the costs of the arbitration, including but not limited to Claims related filing, administrative, hearing and/or other fees, to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each extent that such fees exceed the amount of the Parties retains filing fees and court costs a plaintiff would have incurred if the right to seek remedies Claim had been brought in small claims the federal or state court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant closest to the AAA Consumer Arbitration Rules (plaintiff’s billing address that would have jurisdiction over the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESClaim.

Appears in 5 contracts

Samples: www.horizondebitrewards.com, www.timberlandrewardsplus.com, www.timberlandrewardsplus.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY IS FINAL AND BINDING ON THE PARTIES. * THE PARTIES ARE WAIVING THEIR RIGHT TO UNDERSTAND YOUR RIGHTSSEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IT PROVIDES THAT * PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS. * THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY CLAIM PARTY'S RIGHT TO APPEAL OR DISPUTE THAT YOU MAY HAVE IN TO SEEK MODIFICATION OF RULINGS BY THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS ARBITRATORS IS STRICTLY LIMITED. * THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONTHE SECURITIES INDUSTRY. Notwithstanding Any controversy: (1) arising out of or relating to any of my accounts maintained individually or jointly with any other party, in any capacity, with you; or (2) relating to my transactions or accounts with any of your predecessor firms by merger, acquisition or other business combination from the foregoinginception of such accounts; or (3) with respect to transactions of any kind executed by, You through or with you, your officers, directors, agents and/or employees; or (4) with respect to this agreement or any other agreements entered into with you relating to my accounts, or the breach thereof, shall be resolved by arbitration conducted only at the NYSE, NASD, or AMEX or any self-regulatory organization ("SRO") subject to the jurisdiction of the Securities and Exchange Commission and pursuant to the arbitration procedures then in effect of any such exchange or SRO as I may elect. If I do not make such election by registered mail addressed to you at your main office within 5 days after demand by you that I make such election, then you will have the right to opt elect the arbitration tribunal of your choice. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of this the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; (ii) the class action is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate by providing written notice shall not constitute a waiver of your intention to do so to Us via certified mail within thirty (30) days of the purchase of any rights under this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related except to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESextent stated herein.

Appears in 5 contracts

Samples: Lehman Brothers (Pioneer Venture Fund), Client Agreement (Pioneer Venture Fund), Client Agreement (Pioneer Venture Fund)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSAn Enbridge Entity will have up to 30 Business Days following the final determination of all Claims under an Insurance Coverage Program in a Coverage Year and distribution of insurance proceeds pursuant to Allocated Recoveries and/or Updated Allocated Recoveries in connection therewith to provide a notice disputing any matter arising under this Agreement, including the determination of Verified Loss Amounts and/or Verified True-Up Loss Amounts and/or calculations of Allocated Recoveries and/or Updated Allocated Recoveries (each a “Notice of Dispute”). IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding A Notice of Dispute will set forth in reasonable detail the foregoingparticulars of the dispute, You and each Enbridge Entity will have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, consult with Senior Management and the Administrator (relevant Claims Examiner(s) to discuss such Notice of Dispute. If the “Parties”) parties are irrevocably waiving our rights unable to go reach an agreement with respect to court and are agreeing instead to submit any claimsthe disputes set forth in the Notice of Dispute, disputes or controversies between the Parties such dispute may be submitted to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The Enbridge Entity and settled by arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code provisions of this Section 8.1. Such arbitration will be carried out by a single arbitrator. In the event the parties are unable to agree upon an arbitrator within 20 Business Days after delivery of the Notice of Dispute, any of them may make application to the Alberta Queen’s Bench for an arbitrator to be appointed pursuant to the Arbitration Act (Alberta). An arbitrator appointed pursuant to this Section 8.1 will review the Notice of Dispute, and may review verification procedures with respect to Verified Loss Amounts and/or Verified True-Up Loss Amounts and calculations with respect to Allocated Recoveries and Updated Allocated Recoveries. To the extent matters under review by the arbitrator involve decisions of the Claims Examiner(s), the arbitrator will conduct a de novo review without deference to the findings of such Claims Examiner(s) and will apply a standard of correctness. Any decision of the arbitrator made with respect to, a dispute set forth in effect at the time Notice of Dispute or with respect to any aspect of, or any matter related to, an arbitration hereunder (including the location of the arbitration) will be made solely by the arbitrator. The arbitrator will conduct the arbitration is commenced. You have a right proceedings in relation to attend the arbitration hearing in person. You may choose to have any arbitration hearing held dispute set forth in the county Notice of Dispute before such arbitrator as set out herein and otherwise in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration accordance with the AAAapplicable rules of the Arbitration Act (Alberta). All decisions of the arbitrator with respect to a dispute, other than procedural decisions will: (i) be rendered in writing if an award is made and will state the Parties shall refer reasons on which any award is based; and (ii) promptly be provided to each party. The decision of an arbitrator appointed under this Section 8.1 will be final and binding upon the AAA Code parties and forms at xxx.xxx.xxx or call (800) 778–7879not subject to appeal. Each Party is responsible for their own filing feesThe parties agree that this Section 8.1 will be valid, costs enforceable and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.irrevocable

Appears in 4 contracts

Samples: Allocation Agreement (Enbridge Energy Partners Lp), Allocation Agreement (Midcoast Energy Partners, L.P.), Allocation Agreement (Midcoast Energy Partners, L.P.)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any Any claim, dispute or controversy (“Claim”) arising from or connected with this Retail Installment Contract (“the RIC”), pursuant to which Buyer(s) is purchasing the above Vehicle, any security interest created by the RIC, any documents relating to the RIC, the collection of the RIC, the purchase of the goods and/or services pursuant to the RIC, or the enforceability, validity or scope of this arbitration clause or the RIC shall be governed by this provision. Upon the election of Buyer(s) or Dealer/Seller or any assignee of the RIC (“Holder”) by written notice to the other party, any Claim shall be resolved by arbitration before a single arbitrator, on an individual basis, without filing a lawsuit. In resort to any form of class action (“Class Action Waiver”), pursuant to this Arbitration Provision, You, We, arbitration provision and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions applicable rules of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code ) in effect at the time the arbitration Claim is commencedfiled. You have a right to attend the Any arbitration hearing in person. You may choose to have any arbitration hearing held shall take place in the county and state where the Buyer(s) maintains his or her residence or in which You livethe Buyer(s) executed the RIC. Any filing and administrative fees charged or assessed by the AAA that are in excess of any filing fee Buyer(s) would have been required to pay to file a Claim in that state’s court shall be paid for by Xxxxxx. The arbitrator may not award punitive or exemplary damages against any party. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER BUYER OR HOLDER WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. FURTHER, BUYER(S) WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO THAT CLAIM AND BUYER(S) WILL HAVE ONLY THOSE RIGHTS THAT ARE AVAILABLE IN AN INDIVIDUAL ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT AS PROVIDED IN THE FEDERAL ARBITRATION ACT (“the FAA”). This Arbitration Provision shall be governed by the FAA and, where applicable, the closest AAA location to Your residencesubstantive law of the State of residence of the Buyer(s). If any portion of this Arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration provision or via telephonethe RIC, provided however, if the Class Action Waiver is deemed invalid or unenforceable, then this entire Arbitration provision shall be null and void and of no force or effect, but the remaining terms of this RIC shall remain in full force and effect. For information about how to initiate arbitration with the AAA, the Parties shall refer Judgment on any award may be entered by any appropriate court having jurisdiction. If either Buyer(s) or Xxxxxx has submitted a Claim to the AAA Code which the AAA refuses to entertain without fault of either party, Buyer(s) and forms at xxx.xxx.xxx Xxxxxx shall nevertheless resolve such Claim by arbitration as provided below. For a period of thirty (30) days after notice of such refusal, the parties shall in good faith attempt to agree on the selection of an individual successor arbitrator to arbitrate the Claim. The successor arbitrator shall be independent, neutral and qualified with experience in matters such as raised by the Claim and shall have no pre-existing relationship with any of the parties. The applicable rules of the AAA shall be applicable to the arbitration of the Claim. If the parties are unable to agree on the successor arbitrator within thirty (30) days following the rejection of the Claim by AAA, then on application by either party to a Court of competent jurisdiction with notice to the other party, the Court shall select such successor arbitrator. Except for the reference to arbitration by the AAA in the foregoing paragraph, all the other terms and provisions thereof will be applicable to such arbitration by the successor arbitrator. As an exception to this arbitration clause, Xxxxx and Xxxxxx retain the right to pursue in a small-claims proceeding under Illinois Supreme Court Rules 281-289 (Small Claims Rules) any Claim that is permitted by such Small Claims Rules, so long as the small-claims action does not seek to certify a class, consolidate the claims of multiple persons, or call (800) 778–7879. Each Party is responsible recover damages in excess of the limit for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESa small claim.

Appears in 4 contracts

Samples: Retail Installment Contract, Retail Installment Contract, Retail Installment Contract

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES YOU AND VERIZON AGREE THAT ANY CLAIM ISSUE OR DISPUTE THAT YOU MAY HAVE ARISES, RESULT S FROM, OR IN ANY WAY RELATES TO THE FUTURE RELATING SERVICES OR THIS AGREEMENT ("DISPUTES") SHALL BE RESOLVED ONLY BY BINDING INDIVIDUAL ARBITRATION AND THAT THE FEDERAL ARBITRA TIO N ACT SHALL APPLY TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONAGREEMENT. Notwithstanding Either party may initiate arbitration by notifying the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days other Party of the purchase Dispute in w riting at least 30 days in advance of this Agreementinitiating the Arbitration. Arbitration is a method Notice to Verizon should be sent to xxxxxxxxxxxxxxx@xxxxxxx.xxx or to Verizon Dispute Resolution Manager, Xxx Xxxxxxx Xxx, XX00X000, Basking Ridge, NJ 07920. We w ill notify you at the billing address for your account. The notice must describe the nature of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, the claim and the Administrator (relief being sought. If the “Parties”) parties are irrevocably waiving unable to resolve our rights dispute w ithin 30 days, either party may then proceed to go to court and are agreeing instead to submit file a claim for arbitration. Verizon w ill pay any claims, disputes or controversies between filing fee that the Parties to binding arbitration AAA charges You for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding initiating arbitration. The Parties agree and acknowledge that Arbitration w ill take place before a single arbitrator in the transaction evidenced by this Agreement affects interstate commerce county w here Service is provided and the Federal AAA Commercial Rules of Arbitration Act (“Act”) applies shall apply. You may also bring a claim in small claims court subject to this Arbitration Provisionthat court’s jurisdictional limit. The Parties agree YOU AND WE AGREE THA T ANY ARBITRATION OR CLAIM IN SMALL CLAIMS COURT WILL ONLY BE ON AN INDIV IDUAL BASIS AND THAT NO CLASS CLAIMS, PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR CLASS ARBITRATION MAY BE MAINTAINED. THE ARBITRATOR MAY ONLY AWARD INDIV IDUAL RELIEF AND SHALL NOT HAVE THE POWER TO DETERMINE OR PRESIDE OVER CLASS OR COLLEC TIV E ARBITRATION. Except for an action to resolve all claims, disputes and controversies (collectively “Claims”) compel arbitration or for a temporary restraining order or injunction related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherneither party shall seek to resolve any Dispute in court, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in except a small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residenceas set forth above, or via telephone. For information about how to initiate by any process other than by arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESas set forth above.

Appears in 4 contracts

Samples: www.verizon.com, www.verizon.com, www.verizon.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThis provision contains the terms of how a dispute between you and the Bank will be resolved. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONPlease read this provision carefully since it specifically limits your rights in the event of such dispute. Notwithstanding By this provision, at the foregoingrequest of you or the Bank, You have the right to opt out of this agreement to arbitrate disputes must be resolved by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreementarbitration. Arbitration is a method means of resolving any claimhaving an independent third party resolve a dispute without using the court system. With arbitration, there is no right to appeal the decision of the arbitrator as there is normally in the court system. BY THIS AGREEMENT YOU UNDERSTAND THAT EACH OF US IS WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Either of us may submit a dispute or controversy without filing a lawsuit. In concerning this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties Agreement to binding arbitration for resolutionat any reasonable time, notwithstanding that a lawsuit or other proceeding has been commenced. This Arbitration Provision sets forth the terms and conditions If either of our agreement us fails to submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. The Parties agree and acknowledge that With the transaction evidenced by this Agreement affects interstate commerce and exception of any controversy or claim within the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsjurisdictional limits of California small claims court, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise controversy or claim arising out of or relating to this Agreement, and including furtheror the accounts covered by this Agreement, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The will be settled by arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected ) in accordance with its arbitration rules when the Code amount in effect at controversy exceeds the time amount subject to jurisdiction in small claims court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. All statutes of limitation and rules of law that would otherwise be applicable to this Agreement, including those provided in the California Commercial Code, shall apply to any arbitration proceeding. To the extent that there is commencedany variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Nothing in this “Arbitration” Section shall limit the right of any party at any time to exercise self- help remedies, foreclose against collateral, or obtain provisional remedies. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. AUTHORIZED SIGNERS An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits, and to otherwise transact on your account and receive account information, however, the mere designation of an authorized signer does not convey ownership rights in the account to the non-owner authorized signer. Any one of the authorized signers may sign checks or withdrawal orders and give us instructions regarding the account, including an instruction to close the account. If there is a conflict in instructions, we reserve the right to attend the arbitration hearing in person. You may choose require all authorized signers or account owners to have any arbitration hearing held in the county in which You livesign an item, the closest AAA location to Your residencewithdrawal order, or via telephoneother instruction on the account. For information about how Even if the authorized signers on an account change, we may continue to initiate arbitration with honor checks, withdrawal orders, and other instructions by the AAA, authorized signers as shown on the Parties shall refer signature card for the account until we are notified in writing not to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with do so by an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESaccount owner.

Appears in 4 contracts

Samples: Personal Account Agreement, www.mechanicsbank.com, www.mechanicsbank.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy ("Claim") arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to to: i) this Agreement by binding arbitrationAgreement; ii) the Varo Bank Account; iii) your acquisition of the Varo Bank Account; iv) your use of the Varo Bank Account; v) the amount of available funds in the Varo Bank Account; vi) advertisements, including but not limited to Claims promotions or oral or written statements related to the underlying transaction giving rise Varo Bank Account, as well as goods or services purchased with the Varo Bank Account; vii) the benefits and services related to this Agreementthe Varo Bank Account; or viii) transactions made using the Varo Bank Account, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA”)") under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. 1-16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the closest AAA location procedures, to Your residencefile a Claim or for other information about this organization, contact it at: AAA, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, or via telephoneat xxx.xxx.xxx. For information about how to initiate arbitration with the AAA, the Parties shall refer All determinations as to the AAA Code scope, interpretation, enforceability and forms at xxx.xxx.xxx or call (800) 778–7879validity of this Bank Account Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Each Party is responsible for their own filing feesJudgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUThis arbitration provision shall survive: i) the termination of this Bank Account Agreement; ii) the bankruptcy of any party; iii) any transfer, INDIVIDUALLYsale or assignment of the Varo Bank Account, ACKNOWLEDGE AND or any amounts owed on the Varo Bank Account, to any other person or entity; or iv) closing of the Varo Bank Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THESE ARBITRATION OF ANY CLAIM HEREUNDER ON TERMS, DO NOT ACTIVATE OR USE THE CARD OR VARO BANK ACCOUNT. CALL 0-000-000-0000 TO CLOSE THE VARO BANK ACCOUNT AND REQUEST A CLASS-ACTIONREFUND, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIF APPLICABLE.

Appears in 4 contracts

Samples: prod-cdn.varomoney.com, www.varomoney.com, www.varomoney.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingExcept for suits or actions seeking injunctive relief or specific performance, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing arising under or in connection with this Agreement shall be settled exclusively by arbitration in Kansas City, Missouri (or elsewhere if the parties agree) before a lawsuit. In this Arbitration Provision, You, We, single arbitrator and administered by an arbitration association mutually agreeable to the Company and the Administrator Executive (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsor, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our if no mutual agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimscan be reached, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules Association) (the “CodeArbitration Association). The arbitration will occur before a single, neutral arbitrator selected ) in accordance with its commercial arbitration rules. Each party agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other forum. Each of the Code in effect parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Any party may make service on any other party by sending or delivering a copy of the process to the party to be served at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held address and in the county manner provided for the giving of notices in which You liveSection 21 above. Nothing in this Section 23, however, shall affect the closest AAA location right of any party to Your residenceserve legal process in any other manner permitted by law or at equity. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The charges, or via telephone. For information about how to initiate arbitration with expenses and fees of the AAA, arbitrator(s) shall be borne equally by the Parties shall refer parties to the AAA Code and forms at xxx.xxx.xxx dispute; provided, however, each party shall pay the cost of his or call (800) 778–7879. Each Party is responsible for their her own filing fees, costs and expenses associated with an arbitration, including attorneys attorney’s fees. NOTHING HEREIN IS INTENDED THE EXECUTIVE UNDERSTANDS AND ACKNOWLEDGES THAT, BY AGREEING TO BINDING ARBITRATION, HE OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT SHE WAIVES AND THEREBY ELIMINATES THE RIGHT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONSUBMIT THE DISPUTE FOR DETERMINATION BY A COURT AND THEREBY ALSO WAIVES THE RIGHT TO A JURY TRIAL. THE PARTIES AGREE EXECUTIVE ACKNOWLEDGES THAT HE OR SHE HAS BEEN INFORMED THAT THE GROUNDS FOR APPEAL OF AN ARBITRATION AWARD ARE VERY LIMITED COMPARED TO A COURT JUDGMENT OR JURY VERDICT. CONSEQUENTLY, THE EXECUTIVE HAS CAREFULLY CONSIDERED THIS PROVISION AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN HAS HAD THE PARTIES OPPORTUNITY TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCONSULT WITH INDEPENDENT COUNSEL.

Appears in 4 contracts

Samples: Employment Agreement (Pioneer Financial Services Inc), Employment Agreement (Pioneer Financial Services Inc), Employment Agreement (Pioneer Financial Services Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights right to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionarbitration. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. By signing this Agreement, You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur take place before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which that You livelive in, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own If You initiate arbitration with AAA, You must pay any AAA filing fees, fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with an the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including attorneys all attorney's fees. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. BY SIGNING THIS AGREEMENT, THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT.

Appears in 3 contracts

Samples: Extended Service Agreement, Extended Service Agreement, Extended Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy (“Claim”) arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to to: i) this Agreement Agreement; ii) your Card; iii) the Cards of additional cardholders designated by binding arbitrationyou, including but not limited to Claims if any; iv) your acquisition of the Card; v) your use of the Card; vi) the amount of available funds in the Card Account; vii) advertisements, promotions or oral or written statements related to the underlying transaction giving rise Card, as well as goods or services purchased with the Card; viii) the benefits and services related to this Agreementthe Card; or ix) transactions on the Card, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”)) under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. 1-16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, the closest NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA location to Your residence, or via telephoneCODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about how to initiate arbitration with the this organization, contact it at: AAA, the Parties shall refer 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 or at xxx.xxx.xxx. All determinations as to the AAA Code scope, interpretation, enforceability and forms at xxx.xxx.xxx or call (800) 778–7879validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Each Party is responsible for their own filing feesJudgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUThis arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, INDIVIDUALLYsale or assignment of your Card, ACKNOWLEDGE AND or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION OF ANY CLAIM HEREUNDER ON AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. CALL 000-000-0000 TO CANCEL THE CARD AND TO REQUEST A CLASS-ACTIONREFUND, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIF APPLICABLE.

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Arbitration. PLEASE READ THE PARTIES TO THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES AGREEMENT ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE THAT YOU THEY MAY HAVE IN HAD THE FUTURE RIGHT TO LITIGATE DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT BEFORE A JUDGE AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONJURY BUT HAVE WAIVED ANY SUCH RIGHTS IN FAVOR OF RESOLVING SUCH DISPUTES UNDER THE MEDIATION AND ARBITRATION PROVISIONS HEREIN. Notwithstanding the foregoing, You have the right to opt Should any controversy or claim arising out of or relating to this agreement contract, or the breach thereof, the parties agree to arbitrate first mediate the dispute amongst themselves in good faith prior to demanding arbitration or taking any further legal action. To initiate mediation, either party must provide notice, in writing, to the other party, of the request to mediate. The parties agree to mediate the matter amongst themselves by providing written notice of your intention to do so to Us via certified mail telephone conference within thirty (30) days of receipt of such notice. If the purchase dispute is not resolved by mediation, the parties agree that any controversy or claim arising out of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies relating to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tortor the breach thereof, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be settled by arbitration administered by the American Arbitration Association (“AAA”)) in accordance with its Commercial Arbitration Rules, its Expedited Procedures, and its Supplementary Procedures for Consumer- Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall parties agree that a panel of one (1) arbitrator will be governed pursuant selected from a field of arbitrators provided by the AAA. The filing party (the “claimant”) must notify the other party (the “respondent”), in writing, that it wishes to arbitrate a dispute. The demand should briefly explain the dispute, list the names and addresses of the consumer and the business, specify the amount of money involved, and state what the claimant wants. The claimant must also send two copies of the demand to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time it sends the arbitration is commenceddemand to the respondent. You have When sending a right demand to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties claimant must attach a copy of the arbitration agreement from the consumer contract with the business. The claimant must also send the appropriate administrative fees and deposits. After the claimant pays the appropriate administrative fees and deposits associated with filing the demand, EFG shall refer pay the remainder of the fees and costs of the arbitration to the AAA Code on behalf of both parties. Nothing in this provision limits the arbitrator’s power to award the arbitration fees and forms at xxx.xxx.xxx or call (800) 778–7879costs to either party as part of the award. Each Party is responsible for their own filing feesTHE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO HAVE A COURT ADJUDICATE DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, costs and expenses associated with an arbitrationWITHOUT LIMITATION, including attorneys feesIN SMALL CLAIMS COURT OR JUSTICE COURT, EXCEPT FOR THE SOLE PURPOSE OF CONFIRMING AND ENFORCING AN ARBITRATION AWARD OR ENFORCING THIS PROVISION. NOTHING HEREIN IS INTENDED THE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO JURY TRIAL OF ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SHOULD EITHER PARTY BREACH THE ABOVE PROVISIONS BY FILING SUIT IN A COURT OF LAW, THAT PARTY SHALL BE CONSTRUED AS CONSENT REPSONSIBLE FOR THE COSTS AND FEES INCURRED TO ENFORCE THE MEDIATION AND ARBITRATION PROVISIONS. IF ANY PORTION OF THE MEDIATION AND ARBITRATION PROVISIONS ARE HELD ILLEGAL OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONUNENFORCEABLE IN A JUDICIAL PROCEEDING, SUCH PORTION OF THE MEDIATION AND ARBITRATION PROVISIONS SHALL BE SEVERED AND SHALL BE INOPERATIVE, AND THE REMAINDER OF THE MEDIATION AND ARBITRATION PROVISIONS SHALL REMAIN OPERATIVE AND BINDING ON THE PARTIES. GOVERNING LAW. THE PARTIES AGREE THAT THIS CONTRACT, INCLUDING THE MEDIATION AND ACKNOWLEDGE ARBITRATION PROVISIONS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO CONFLICTS OF LAWS. BOTH PARTIES, JOINTLY AND SEPARATELY, UNDERSTAND THAT THERE IS NO AGREEMENT SOME OR ALL OF THE TERMS OF THIS CONTRACT SHALL BE PERFORMEDIN THE STATE OF TEXAS AND HEREBY IRREVOCABLY CONSENT TO PERSONAL JURISDICTION IN THE STATE OF TEXAS FOR THE PURPOSE OF GOVERNING, CONSTRUING, AND RESOLVING DISPUTES CONCERNING THIS CONTRACT. FURTHER, THE PARTIES AGREE THAT THE PROPER VENUE FOR THE RESOLUTION OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISDISPUTE OVER THIS CONTRACT SHALL BE DALLAS COUNTY, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESTEXAS.

Appears in 3 contracts

Samples: Contract, Contract, Contract

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThe parties hereto understand and agree that the Property leased between the parties is involved in, affect, or have a direct impact upon, intrastate commerce. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingBoth parties agree that all claims, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsdemands, disputes or controversies of every kind or nature that may arise between them concerning any of the provisions of the Acknowledgments or the Agreement any negotiations leading to the lease or sale of the Property, any disputes arising pursuant to the Acknowledgments or the Agreements, OTHER THAN TENANT/OPTIONEE’S FAILURE TO PAY RENT/ EVICTION PROCEEDINGS BROUGHT BY SELLER/OPTIONOR AGAINST TENANT/OPTIONEE AND/OR DAMAGE TO THE PROPERTY CAUSED BY TENANT/OPTIONEE OR ASSIGNEE, or any breach of the terms or performance of any covenant under the Acknowledgments or the Agreement may be settled by binding arbitration conducted pursuant to the provisions of 9 U.S.C. Section l et seq. and according to the Commercial Rules of the American Arbitration Association. Without limiting the generality of the foregoing, it is the intention of the parties to resolve by binding arbitration all disputes arising between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth parties, the terms and conditions meaning of our agreement to binding arbitrationany of the terms of the Acknowledgments or the Agreement, or any other document signed between the parties, any representations, promises or omissions made in connection with the negotiation of the Acknowledgment s or the Agreement. The Parties agree Both parties agree, covenant and acknowledge contract that there shall be no class arbitration between the parties and that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies only parties to this Arbitration Provision. The Parties agree any disputes or controversies to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration be arbitrated as more particularly described herein shall be administered the Seller/Optionor and Tenant/Optionee. Either party may demand arbitration by filing with the American Arbitration Association (“AAA”)written demand for arbitration along with a statement of the matter in controversy. The A copy of the demand for arbitration shall simultaneously be governed pursuant served upon the other party. Both parties agree that the arbitration proceedings to resolve all such disputes shall be conducted in the AAA Consumer Arbitration Rules (city/county where the “Code”)Property is located. The arbitration will occur before a singleBoth parties agree that they shall keep confidential the results, neutral arbitrator selected decisions and conversations and all communications in accordance connection with the Code in effect at the time arbitration proceedings and/or the arbitration is commencedagreement. You have a right to attend Either party may seek damages and/or an injunction against the arbitration hearing in personother for any violations of this provision. You may choose to have any arbitration hearing held in In the county in which You liveevent of arbitration, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties each party shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is be responsible for their its own filing fees, costs and expenses associated with an related to arbitration, including attorneys including, but not limited to, its reasonable attorneys' fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 3 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement

Arbitration. NOTE: PLEASE READ THIS ARBITRATION PROVISION SECTION CAREFULLY TO UNDERSTAND AS IT AFFECTS YOUR RIGHTS. IT PROVIDES THAT RIGHTS AND THE RESOLUTION OF DISPUTES ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO CONNECTION WITH THIS AGREEMENT AND YOUR DEALINGS WITH US MUST OR THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT SHALL BE RESOLVED SOLELY THROUGH BY BINDING ARBITRATION, RATHER THAN IN COURT; HOWEVER, MERCHANT MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF (1) THE CLAIMS QUALIFY FOR SMALL CLAIMS COURT; (2) THE MATTER REMAINS IN SMALL CLAIMS COURT AT ALL TIMES; AND (3) THE MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE BASIS). Notwithstanding ARBITRATION DOES NOT PROCEED BEFORE A JURY AND MAY INVOLVE MORE LIMITED DISCOVERY THAN A COURT PROCEEDING. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. The arbitrator's award or decision will not affect issues or claims involved in any proceeding between Processor or Member Bank and any person or entity who is not a party to the arbitration. The arbitrator may award monetary, declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's award, if any, will not apply to any person or entity that is not a party to the arbitration. However, nothing in this Section or Merchant Agreement shall preclude any party from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on your behalf. Further, notwithstanding the foregoing, You have the right nothing in this Section or this Merchant Agreement prohibits a party from applying to opt out a court of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is competent jurisdiction for a method of resolving any claimtemporary restraining order, dispute preliminary injunction, or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitrationother equitable relief. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”9 U.S.C. § 1 et seq.) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes governs the interpretation and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each enforcement of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction arbitration provisions of small claims courtthis section. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall Arbitration will be administered by the American Arbitration Association JAMS (“AAA”xxx.xxxxxxx.xxx). The arbitration shall be governed pursuant to For claims greater than $250,000, the AAA Consumer JAMS Comprehensive Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code and Procedures in effect at the time the arbitration is commencedcommenced will apply (if no such rules are in effect, JAMS default arbitration rules shall apply). You have a right For claims equal to attend or less than $250,000, the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the arbitration hearing is commenced will apply (if no such rules are in personeffect, JAMS default arbitration rules shall apply). You may choose to have Unless the arbitrator(s) determine that justice or fairness require otherwise: (i) any arbitration hearing held will proceed in Muscogee County, Georgia (although, for the convenience of the Merchant or Guarantor (as applicable), any party or its counsel may participate telephonically); and (ii) the arbitrator(s) will oversee limited discovery, taking into account the amount in controversy and the parties’ desire to keep proceedings cost-effective and efficient. Any decision rendered in any arbitration proceeding shall be final and binding on each of the parties to the arbitration and judgment may be entered thereon in any court of competent jurisdiction. The parties will maintain the confidential nature of the arbitration proceeding except as may be necessary to enforce any award or to comply with applicable law. If the total damage claims in an arbitration are $10,000 or less, not including Merchant’s attorney fees (“Small Arbitration Claim"), the arbitrator may, if the MERCHANT, prevails, award the Merchant reasonable attorney fees, expert fees and costs (separate from Arbitration Costs as defined below), but may not grant Processor its attorney fees, expert fees or costs (separate from Arbitration Costs) unless the arbitrator determines that the Merchant’s claim was frivolous or brought in bad faith. In a Small Arbitration Claim case, ISO will pay all arbitration filing, administrative and arbitrator costs (together, “Arbitration Costs"). The Merchant must submit any request for payment of Arbitration Costs to JAMS at the same time the Merchant submits its Demand for Arbitration. However, if the Merchant wants Processor to advance the Arbitration Costs for a Small Arbitration Claim before filing, Processor will do so at the Merchant’s written request which must be sent to Processor at the address in Section 18 above. If the Merchant’s total damage claims in an arbitration exceed $10,000, not including the Merchant’s attorney fees (“Large Arbitration Claim"), the arbitrator may award the prevailing party its reasonable attorneys' fees and costs, or it may apportion attorneys' fees and costs between the Merchant and Processor (such fees and costs being separate from Arbitration Costs). In a Large Arbitration Claim case, if the Merchant is able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, ISO will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Xxxxxxxx hereby agrees that claims applicable to American Express may be resolved through arbitration as further described in the county in which You liveAmerican Express Merchant Requirements Guide (the “American Express Guide”). A court, not the closest AAA location to Your residencearbitrator, or via telephone. For information about how to initiate arbitration with will decide any questions regarding the AAAvalidity, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.scope and/or enforceability of this Section‌

Appears in 3 contracts

Samples: Card Processing Agreement, Card Processing Agreement, Card Processing Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy (“Claim”) arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to this Agreement by binding arbitrationto: i) the Agreement; ii) the Account; iii) your acquisition of the Account; iv) your use of the Account; v) the amount of available funds in the Account; vi) advertisements, including but not limited to Claims promotions or oral or written statements related to the underlying transaction giving rise Account, as well as goods or services purchased with the Account; vii) the benefits and services related to this Agreementthe Account; or viii) transactions made using the Account, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”)) under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. 1-16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the closest AAA location procedures, to Your residencefile a Claim or for other information about this organization, contact it at: AAA, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, or via telephoneat xxx.xxx.xxx. For information about how to initiate arbitration with the AAA, the Parties shall refer All determinations as to the AAA Code scope, interpretation, enforceability and forms at xxx.xxx.xxx or call (800) 778–7879validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Each Party is responsible for their own filing feesJudgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUThis arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, INDIVIDUALLYsale or assignment of the Account, ACKNOWLEDGE AND or any amounts owed on the Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION OF ANY CLAIM HEREUNDER ON AGREEMENT, DO NOT ACTIVATE OR USE THE CARD OR THE ACCOUNT. CALL (000) 000-0000 TO CLOSE THE ACCOUNT AND REQUEST A CLASS-ACTIONREFUND, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIF APPLICABLE.

Appears in 3 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION CLASSACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 3 contracts

Samples: Electronics Extended Service Agreement, Major Appliance Extended Service Agreement, Extended Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding You agree that if you have a dispute or claim that has arisen or may arise between you and the foregoingBank or any other Indemnified Party, You have the right to opt whether arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way relating to this Agreement (including any alleged breach), your Atlas Card Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to rather than a court, except for in accordance with the terms of this Arbitration Agreement. Except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to resolve any Claims arising under the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Parties Subject to this Arbitration Agreement This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement between or among your Atlas Card Account, then the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall claim will be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant decided with respect to the AAA Consumer third party in arbitration as well, in accordance with this Arbitration Rules (the “Code”). The arbitration will occur before Agreement, and it must be named as a single, neutral arbitrator selected party in accordance with the Code in effect at rules of procedure governing the time arbitration. No award or relief will be granted by the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residencearbitrator except on behalf of, or via telephoneagainst, a named party. For information about how to initiate arbitration with the AAATHIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. Each Party is responsible for their own filing feesIF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESPLEASE CONTACT US AT xxxxxxx@XxxxxXxx.xxx.

Appears in 3 contracts

Samples: Atlas Cardholder Agreement, Atlas Cardholder Agreement, Atlas Cardholder Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding If there is a dispute between the foregoing, You have Insured Person and the right to opt out of Company or CISL about this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days Section of the purchase Policy it can be taken to an independent arbitrator The arbitrator will be a solicitor or barrister whom the Insured Person and CISL agree to If CISL cannot agree with the Insured Person to an arbitrator the President of the Law Society (or similar organisation) will choose the arbitrator The side that loses the arbitration will pay the costs of the arbitration If the decision is not totally in favour of one side the arbitrator will decide who pays the costs If the Insured Person loses or is asked to pay a share of the costs these costs will not be covered under this AgreementSection. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, Co-operation CISL must be able to contact the Legal Personal Representative The Insured Person and the Administrator (Legal Personal Representative must co-operate with CISL about developments concerning the “Parties”) are irrevocably waiving our rights Insured Person’s case CISL must be able to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related have access to the underlying transaction giving rise Legal Personal Representatives files if CISL requests this The Insured Person owes the same obligation to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant CISL as to the AAA Consumer Arbitration Rules (Legal Personal Representative. Notification The Company will have no liability in respect of Legal Expenses in respect of any matter which the “Code”). The arbitration will occur before a single, neutral arbitrator selected Insured does not notify to the Company in accordance with the Code requirements of this condition. As a condition precedent to the Insured’s right to be indemnified under this Policy the Insured must inform CISL by filling in effect a claim form immediately that the Insured is aware of any occurrence or event that may give rise to a claim, and sending the claim form to CISL at the time address shown. The Insured must give CISL a full and truthful account of the arbitration is commenceddetails of the claim. You Until CISL have a right to attend been told about the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liveclaim and CISL has given its agreement, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is Company will not be responsible for their own filing fees, any Legal Expenses. Payment of Bills The Insured Person must send CISL all bills for the Legal Personal Representative’s Legal Expenses as soon as the Insured Person receives them The Insured Person must confirm that any charges to be paid are acceptable and that CISL may pay the bill for the Insured Person If CISL asks the Insured Person must ask the Legal Personal Representative to submit the bill of costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESfor assessment or audit.

Appears in 3 contracts

Samples: insurance.docstore.port.ac.uk, www.reading.ac.uk, info.lse.ac.uk

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy (“Claim”) arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to to: i) this Agreement Agreement; ii) your Card; iii) the Cards of additional cardholders designated by binding arbitrationyou, including but not limited to Claims if any; iv) your acquisition of the Card; v) your use of the Card; vi) the amount of available funds in the Card Account; vii) advertisements, promotions or oral or written statements related to the underlying transaction giving rise Card, as well as goods or services purchased with the Card; viii) the benefits and services related to this Agreementthe Card; or ix) transactions on the Card, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”)) under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. 1-16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, the closest NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA location to Your residence, or via telephoneCODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about how to initiate arbitration with the this organization, contact it at: AAA, the Parties shall refer 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 or at xxx.xxx.xxx. All determinations as to the AAA Code scope, interpretation, enforceability and forms at xxx.xxx.xxx or call (800) 778–7879validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Each Party is responsible for their own filing feesJudgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUThis arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, INDIVIDUALLYsale or assignment of your Card, ACKNOWLEDGE AND or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION OF ANY CLAIM HEREUNDER ON AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. CALL 000- 000-0000 TO CANCEL THE CARD AND TO REQUEST A CLASS-ACTIONREFUND, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIF APPLICABLE.

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSIf the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. IT PROVIDES YOU AGREE THAT ANY DISPUTE OR CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND YOUR DEALINGS ATHAT YOU WILL ARBITRATE WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the foregoingparties’ decision to resolve all disputes through arbitration, You either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out of this agreement to arbitrate and not be bound by providing these arbitration provisions by sending written notice of your intention decision to do so opt out to Us via certified mail the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within thirty (30) 30 days of the purchase date of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 3 contracts

Samples: Labstats Terms of Service, Labstats Terms of Service, Labstats Terms of Service

Arbitration. PLEASE READ EXCEPT AS SET FORTH BELOW, THIS ARBITRATION PROVISION CAREFULLY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO UNDERSTAND YOUR RIGHTSTHE CONFLICTS OF LAWS OR PRINCIPLES THEREOF THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN ALL MATTERS WHICH ARE THE FUTURE SUBJECT OF THIS AGREEMENT RELATING TO THIS AGREEMENT MATTERS OF INTERNAL GOVERNANCE OF THE COMPANY SHALL BE GOVERNED AND YOUR DEALINGS CONSTRUED IN ACCORDANCE WITH US MUST THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY LAW OR RULE THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF DELAWARE TO BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONAPPLIED. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, Any dispute or controversy without filing a lawsuit. In this Arbitration Provisionarising under, Youout of, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way connection with or in relation to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered finally determined and settled by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a singlein New York, neutral arbitrator selected New York in accordance with the Code applicable rules of the American Arbitration Association, and judgment upon the award may be entered in effect at any court having jurisdiction. Within 20 days of the time conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. It is commencedmutually agreed that the written decision of the arbitrator shall be valid, binding, final and non-appealable; provided, however, that the parties hereto agree that the arbitrator shall not be empowered to award punitive damages against any party to such arbitration. You have a right To the extent permitted by law, the arbitrator’s fees and expenses will be borne equally by each party. In the event that an action is brought to attend enforce the arbitration hearing in person. You may choose provisions of this Agreement pursuant to have any arbitration hearing held this Section 14(l), each party shall pay its own attorney’s fees and expenses regardless of whether in the county in which You live, opinion of the closest AAA location to Your residence, court or via telephonearbitrator deciding such action there is a prevailing party. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. EACH OF THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL, INCLUDING TRIAL BY JURY, IN ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE PROCEEDING OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCOUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSFor any dispute with us, you agree to first contact us at xxxxx@xxxxxxxx.xxx and attempt to resolve the dispute with us informally. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoingunlikely event that we have not been able to resolve a dispute we have with you after sixty (60) days, You have the right we each agree to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving resolve any claim, dispute dispute, or controversy without filing a lawsuit. In this Arbitration Provision(excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, Youor the breach or alleged breach thereof (collectively, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement ), by binding arbitrationarbitration by JAMS, including but not limited to Claims related to under the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies Optional Expedited Arbitration Procedures then in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courteffect for JAMS, except for small claims court, to resolve any Claims arising under this Agreement between or among the Partiesas provided herein. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall JAMS may be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”)contacted at xxx.xxxxxxx.xxx. The arbitration will occur before a singlebe conducted in San Mateo, neutral California, unless you and we agree otherwise. If you are using Finicast for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator selected fees in accordance with JAMS rules, and the Code award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using Finicast for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in effect at the time the arbitration is commenced. You have a right small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to attend the arbitration hearing in person. You may choose to have any arbitration hearing held engage in the county informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys feesany court of competent jurisdiction. NOTHING HEREIN IS INTENDED IN THIS SECTION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR SHOULD BE CONSTRUED OTHER EQUITABLE RELIEF FROM THE COURTS AS CONSENT NECESSARY TO PREVENT THE ACTUAL OR AGREEMENT TO CLASS-ACTION THREATENED INFRINGEMENT, MISAPPROPRIATION, OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT VIOLATION OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESOTHER PROPRIETARY RIGHTS.

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSAny Dispute arising out of, related to, or in connection with this Agreement shall be solely and finally settled by arbitration in Minnesota in accordance with the United States Arbitration Act (9 U.S.C. §1), the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You The arbitrator will apply Minnesota law and will have the right power to opt out decide all issues relating to the Dispute, including, without limitation, the validity, enforceability, and scope of this agreement provision, the arbitrability of any issue, and the jurisdiction of the arbitrator. The arbitrator will have the power to arbitrate award all remedies at law, to order specific performance of this Agreement, and to hear and decide any and all issues or claims through summary judgment or summary disposition motions without requiring a hearing. The Parties waive all respective rights to appeal or redress in any other forum, except to obtain execution of any award as permitted under 9 U.S.C. Sections 10 and 11. Unless otherwise agreed by providing written notice of your intention to do so to Us via certified mail the Parties in writing, the arbitrator will be appointed within thirty (30) days after filing the demand for arbitration and the hearing will take place no later than one-hundred twenty (120) days after JAMS notifies the Parties that an arbitrator has been appointed. Except as may be required by law or as necessary to enforce an award in a court of competent jurisdiction, neither Party nor an arbitrator may disclose the purchase existence, content or results of this Agreementany arbitration without the prior written consent of both Parties. Arbitration is a method of resolving any claimEXHIBIT B -- RIDE WAIVER AND RELEASE PLEASE READ THIS RIDE WAIVER AND RELEASE CAREFULLY. RIDING VEHICLES MAY RESULT IN SERIOUS RISK OF INJURY OR DEATH. DO NOT SIGN THIS RIDE WAIVER UNLESS YOU AGREE TO THESE TERMS. RIDING IS VOLUNTARY, dispute or controversy without filing a lawsuitYOU ARE NOT REQUIRED TO RIDE. In this Arbitration Provisionconsideration for being permitted to use, Youoperate and/or ride the vehicle(s) described in the Product Rental Agreement, WeI expressly, knowingly and the Administrator (the “Parties”) are irrevocably waiving our rights voluntarily agree to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree this Ride Waiver and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act Release (“Act”"Ride Waiver") applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.as follows:

Appears in 2 contracts

Samples: Product Rental Agreement, Product Rental Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy ("Claim") arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to to: i) this Agreement by binding arbitrationAgreement; ii) the Varo Advance Account; iii) your acquisition of the Varo Advance Account; iv) your use of the Varo Advance Account; v) the amount of available funds in the Varo Bank Account; vi) advertisements, including but not limited to Claims promotions or oral or written statements related to the underlying transaction giving rise Varo Bank Account, as well as goods or services purchased with the Varo Advance Account; vii) the benefits and services related to this Agreementthe Varo Advance Account; or viii) transactions made using the Varo Advance Account, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA”)") under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. § 1-16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the closest AAA location procedures, to Your residencefile a Claim or for other information about this organization, contact it at: AAA, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, or via telephoneat xxx.xxx.xxx. For information about how to initiate arbitration with the AAA, the Parties shall refer All determinations as to the AAA Code scope, interpretation, enforceability and forms at xxx.xxx.xxx or call (800) 778–7879validity of this Varo Advance Account Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Each Party is responsible for their own filing feesJudgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUThis arbitration provision shall survive: i) the termination of this Varo Advance Account Agreement; ii) the bankruptcy of any party; iii) any transfer, INDIVIDUALLYsale or assignment of the Varo Advance Account, ACKNOWLEDGE AND or any amounts owed on the Varo Advance Account, to any other person or entity; or iv) closing of the Varo Advance Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THESE ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASSTERMS, DO NOT ACTIVATE OR USE THE VARO ADVANCE ACCOUNT. CALL 0-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES000-000-0000 TO CLOSE THE VARO ADVANCE ACCOUNT.

Appears in 2 contracts

Samples: Advance Account Agreement, Advance Account Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThis Agreement is subject to Section 2 of the separate “Amendment to Agreements and Disclosures,” furnished to you previously, and which supplements the Agreements and Disclosures/Commercial Agreements and Disclosures, also furnished to you separately. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONSection 2 of the Amendment to Agreements and Disclosures provides important information about and governs arbitration in connection with this Agreement. Notwithstanding Except as may otherwise be provided in Section 2 of the foregoingseparate “Amendment to Agreements and Disclosures,” you are liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You have authorize the right Credit Union to opt out deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the state of Michigan as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled to, subject to Michigan law, payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable If you are in breach of this agreement Agreement or any Related Agreement, or we suspect fraudulent activity on your account, we may, without prior notice, restrict access to arbitrate your accounts or suspend your Electronic Services or access devices, including ATM or debit cards. Such restrictions may continue until you cure any breach, condition or any fraud condition is resolved. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision be modified by providing written notice of your intention the proper court, if possible, but only to do so the extent necessary to Us via certified mail within thirty (30) days of make the purchase provision enforceable and such modification shall not affect any other provision of this Agreement. Arbitration We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, in writing and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions signed by one of our agreement to binding arbitrationauthorized representatives. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration ProvisionNo delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in A waiver on any way to this Agreement by binding arbitration, including but one occasion shall not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance be construed as a bar or other rule waiver of law any rights or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESon future occasions.

Appears in 2 contracts

Samples: Online and Mobile Banking Agreement and Disclosure, Online and Mobile Banking Agreement and Disclosure

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoing, You have the right to opt out event of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In lawsuit by Xxxxxx against Landlord (or Landlord against Tenant) arising from Tenant’s rental or use of the storage space or this Arbitration ProvisionRental Agreement, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes claim or controversies between the Parties lawsuit shall be submitted to binding arbitration for resolution. This Arbitration Provision sets forth upon the terms request of either party and conditions the service of our agreement to binding arbitrationthat request on the other party. The Parties parties agree and acknowledge that the transaction evidenced arbitration shall be conducted and heard by this Agreement affects interstate commerce and a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND TENANT AND LANDLORD AGREE NOT TO ACT AS A CLASS- REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Xxxxxxxx will not request to arbitrate any claim, dispute or lawsuit that Xxxxxx brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Landlord may then choose to arbitrate. The arbitration must be brought within the time set by the applicable statute of limitations or within two years of Tenant vacating the premises, whichever occurs first. The Federal Arbitration Act (“Act”FAA) applies to shall govern this Arbitration Provisionarbitration agreement. The Parties agree Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found xxx.xxxxxx.xxx. <xxxx://xxx.xxxxxx.xxx/>Tenant understands that Xxxxxx is entitled to resolve all claims, a judicial adjudication of disputes and controversies (collectively “Claims”) related in any way with the Landlord with respect to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equityis waiving that right. Notwithstanding this agreement to arbitrate, each The parties are aware of the Parties retains limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Xxxxxxxx and Xxxxxx stipulate and agree that they have had sufficient time and opportunity to consider the right implications of their decision to seek remedies in small claims court to resolve any Claim within arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the jurisdiction consequences of small claims courtentering into this addendum. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtIF LANDLORD CHOOSES ARBITRATION, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY TENANT SHALL NOT HAVE THE RIGHT YOU MAY HAVE TO LITIGATE SUCH CLAIM OR LAWSUIT IN SMALL CLAIMS COURT, STATE, COUNTY COURT OR FEDERAL COURT ANY CLAIM ON TO HAVE A CLASS-JURY TRIAL. TENANT IS ALSO GIVING UP TENANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION BASIS OR IN ANY OTHER COLLECTIVE ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.#pb

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoing, You have the right to opt out event of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In lawsuit by Tenant against Landlord (or Landlord against Tenant) arising from Tenant’s rental or use of the storage space or this Arbitration ProvisionRental Agreement, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes claim or controversies between the Parties lawsuit shall be submitted to binding arbitration for resolution. This Arbitration Provision sets forth upon the terms request of either party and conditions the service of our agreement to binding arbitrationthat request on the other party. The Parties parties agree and acknowledge that the transaction evidenced arbitration shall be conducted and heard by this Agreement affects interstate commerce and a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND TENANT AND LANDLORD AGREE NOT TO ACT AS A CLASS- REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Landlord will not request to arbitrate any claim, dispute or lawsuit that Tenant brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Landlord may then choose to arbitrate. The arbitration must be brought within the time set by the applicable statute of limitations or within two years of Tenant vacating the premises, whichever occurs first. The Federal Arbitration Act (“Act”FAA) applies to shall govern this Arbitration Provisionarbitration agreement. The Parties agree Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found xxx.xxxxxx.xxx. Tenant understands that Tenant is entitled to resolve all claims, a judicial adjudication of disputes and controversies (collectively “Claims”) related in any way with the Landlord with respect to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equityis waiving that right. Notwithstanding this agreement to arbitrate, each The parties are aware of the Parties retains limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Landlord and Tenant stipulate and agree that they have had sufficient time and opportunity to consider the right implications of their decision to seek remedies in small claims court to resolve any Claim within arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the jurisdiction consequences of small claims courtentering into this addendum. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtIF LANDLORD CHOOSES ARBITRATION, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY TENANT SHALL NOT HAVE THE RIGHT YOU MAY HAVE TO LITIGATE SUCH CLAIM OR LAWSUIT IN SMALL CLAIMS COURT, STATE, COUNTY COURT OR FEDERAL COURT ANY CLAIM ON TO HAVE A CLASS-JURY TRIAL. TENANT IS ALSO GIVING UP TENANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION BASIS OR IN ANY OTHER COLLECTIVE ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingIf You are a U.S. customer, You have and Symantec agree that any dispute, claim or controversy arising out of or relating in any way to the Software and Services or this Agreement, shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that You and Symantec are each waiving the right to opt out a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of Your Symantec product license. If You elect to seek arbitration, You must first send to Symantec, by certified mail, a written Notice of Your claim ("Notice of Claim"). The Notice of Claim to Symantec should be addressed to: General Counsel, Symantec, Inc., 000 Xxxxx Xxxxxx, Mountain View, CA 94043 and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address You would like Symantec to use to contact You. If Symantec elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by Xxxxxxxx, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought ("Demand"). If You and Symantec do not reach an agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail resolve the claim within thirty (30) days after the Notice of the purchase of this Agreement. Arbitration Claim is received, You or Symantec may commence an arbitration proceeding or file a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related claim in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. If You are required to pay a filing fee, Symantec will promptly reimburse You for Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among payment of the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTfiling fee after arbitration is commenced. The arbitration shall will be administered governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitration shall be governed pursuant AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the AAA Consumer Arbitration Rules scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the “Code”)mailing address You provided in Your Notice or, if no address was provided in Your Notice, Your billing address on file. The If Your claim is for U.S. $10,000 or less, Xxxxxxxx agrees that You may choose whether the arbitration will occur before be conducted solely on the basis of documents submitted to the arbitrator, through a singletelephonic hearing, neutral arbitrator selected or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in accordance with the Code in effect at the time which the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liveconducted, the closest AAA location arbitrator shall issue a reasoned written decision sufficient to Your residenceexplain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or via telephone10% of the amount awarded, whichever is greater. For information about how to initiate arbitration with the AAAExcept as expressly set forth herein, the Parties payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. YOU AND SYMANTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Symantec agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall refer be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESextent necessary to provide relief warranted by that party's individual claim.

Appears in 2 contracts

Samples: Norton for Small Business Subscription Terms, Norton One Membership Terms

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSYou and BIT agree to arbitrate all disputes between the parties, except as provided in this subsection (c). IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT You agree that if you fail to pay in full any and all amounts you owe when they are due, BIT may assign your account for collection, and BIT and/or the collection agency may pursue in court those claims that are limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. (However, BIT disclaims any and all liability, and you relieve BIT from any and all liability, with respect to the conduct of any such collection agency.) In addition, BIT may seek injunctive relief in any court with respect to any violation of the patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of BIT or of any third party. NOTWITHSTANDING THE PRIOR PARAGRAPH, YOU MAY HAVE CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies for small claims court in a location where jurisdiction and venue over you and BIT is proper, in which case you may initiate proceedings in such small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS DATE YOU FIRST ACTIVATE ANY SERVICE WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONBIT (THE "OPT-OUT DEADLINE"). Notwithstanding the foregoing, You have the right to may opt out of this agreement to arbitrate these arbitration procedures by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of calling BIT's customer service department, at 1-888-92-GOBIT. Any opt-out request received after the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, WeOpt-Out Deadline will not be valid, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsyou then must pursue your claim in arbitration or, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsif applicable, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights If the arbitration provision applies, then either you or BIT may start an arbitration proceeding. If you start the arbitration, you must send a letter requesting arbitration and describing your claim to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTBIT's registered agent. The arbitration shall be administered by the American Arbitration Association Association's ("AAA”). The arbitration shall be governed pursuant to the AAA Consumer ") Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You livecollectively, the closest "AAA location Rules"), as modified by these Terms, will govern the arbitration; provided, however, that upon BIT's election and notification to Your residence, or via telephone. For information about how to initiate arbitration with you and the AAA, the Parties arbitration will be based solely on the parties' written submissions; and, provided further, that with respect to any arbitration proceeding involving you and BIT, the statutes of limitations of the State (pursuant to Section 13(e) below) whose laws govern these Terms, and any disputes between you and BIT relating to these Terms, shall refer apply. The AAA Rules are available online at xxx.xxx.xxx, or by calling the AAA at 0-000-000-0000. Upon you or BIT filing an arbitration demand, BIT will pay all filing, administration, and arbitrator fees. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless BIT and you agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which your most recent billing address (as provided to BIT) is located. One arbitrator, who is selected under the AAA Code Rules and forms at xxx.xxx.xxx who has expertise in consumer disputes in the wireless industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and BIT. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. The arbitrator will not have any authority to award any special or call punitive damages, except as permitted by these Terms. Any claim arising out of or related to these Terms must be brought within two (8002) 778–7879. Each Party is responsible for their own filing feesyears after the claim arises, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESor the claim will be permanently barred.

Appears in 2 contracts

Samples: www.test.bit.coop, bitbroadband.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoing, You have the right to opt out event of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In lawsuit by Xxxxxx against Landlord (or Landlord against Tenant) arising from Tenant’s rental or use of the storage space or this Arbitration ProvisionRental Agreement, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes claim or controversies between the Parties lawsuit shall be submitted to binding arbitration for resolution. This Arbitration Provision sets forth upon the terms request of either party and conditions the service of our agreement to binding arbitrationthat request on the other party. The Parties parties agree and acknowledge that the transaction evidenced arbitration shall be conducted and heard by this Agreement affects interstate commerce and a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND TENANT AND LANDLORD AGREE NOT TO ACT AS A CLASS- REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Xxxxxxxx will not request to arbitrate any claim, dispute or lawsuit that Xxxxxx brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Landlord may then choose to arbitrate. The arbitration must be brought within the time set by the applicable statute of limitations or within two years of Tenant vacating the premises, whichever occurs first. The Federal Arbitration Act (“Act”FAA) applies to shall govern this Arbitration Provisionarbitration agreement. The Parties agree Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found xxx.xxxxxx.xxx. Xxxxxx understands that Xxxxxx is entitled to resolve all claims, a judicial adjudication of disputes and controversies (collectively “Claims”) related in any way with the Landlord with respect to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equityis waiving that right. Notwithstanding this agreement to arbitrate, each The parties are aware of the Parties retains limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Xxxxxxxx and Xxxxxx stipulate and agree that they have had sufficient time and opportunity to consider the right implications of their decision to seek remedies in small claims court to resolve any Claim within arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the jurisdiction consequences of small claims courtentering into this addendum. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtIF LANDLORD CHOOSES ARBITRATION, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY TENANT SHALL NOT HAVE THE RIGHT YOU MAY HAVE TO LITIGATE SUCH CLAIM OR LAWSUIT IN SMALL CLAIMS COURT, STATE, COUNTY COURT OR FEDERAL COURT ANY CLAIM ON TO HAVE A CLASS-JURY TRIAL. TENANT IS ALSO GIVING UP TENANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION BASIS OR IN ANY OTHER COLLECTIVE ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

Arbitration. PLEASE READ EXCEPT AS SET FORTH BELOW, THIS ARBITRATION PROVISION CAREFULLY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO UNDERSTAND YOUR RIGHTSTHE CONFLICTS OF LAWS OR PRINCIPLES THEREOF THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN ALL MATTERS WHICH ARE THE FUTURE SUBJECT OF THIS AGREEMENT RELATING TO THIS AGREEMENT MATTERS OF INTERNAL GOVERNANCE OF THE COMPANY SHALL BE GOVERNED AND YOUR DEALINGS CONSTRUED IN ACCORDANCE WITH US MUST THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY LAW OR RULE THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF DELAWARE TO BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONAPPLIED. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, Any dispute or controversy without filing a lawsuit. In this Arbitration Provisionarising under, Youout of, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way connection with or in relation to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered finally determined and settled by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a singlein New York, neutral arbitrator selected New York in accordance with the Code applicable rules of the American Arbitration Association, and judgment upon the award may be entered in effect at any court having jurisdiction. Within 20 days of the time conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. It is commencedmutually agreed that the written decision of the arbitrator shall be valid, binding, final and non-appealable; provided, however, that the parties hereto agree that the arbitrator shall not be empowered to award punitive damages against any party to such arbitration. You have a right To the extent permitted by law, the arbitrator’s fees and expenses will be borne equally by each party. In the event that an action is brought to attend enforce the arbitration hearing in person. You may choose provisions of this Agreement pursuant to have any arbitration hearing held this Section 4(l), each party shall pay its own attorney’s fees and expenses regardless of whether in the county in which You live, opinion of the closest AAA location to Your residence, court or via telephonearbitrator deciding such action there is a prevailing party. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. EACH OF THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL, INCLUDING TRIAL BY JURY, IN ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE PROCEEDING OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCOUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Stockholders Agreement (Sprouts Farmers Markets, LLC), Joinder Agreement (Sprouts Farmers Markets, LLC)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThe parties hereto understand and agree that the Property leased herein is involved in, affect, or have a direct impact upon, interstate commerce. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingBoth parties agree that all claims, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsdemands, disputes or controversies of every kind or nature that may arise between them concerning any of the provisions of this Lease, any negotiations leading to the lease or sale of the Property, any disputes arising pursuant to this Lease, OTHER THAN TENANT'S FAILURE TO PAY RENT, EVICTION PROCEEDINGS BROUGHT BY LANDLORD AGAINST TENANT AND/OR DAMAGE TO THE PROPERTY CAUSED BY TENANT, ASSIGNEE or any breach of the terms or performance of any covenant under this Lease, shall be settled by binding arbitration conducted pursuant to the provisions of 9 U.S.C. Section 1 et seq. and INITIAL 5 according to the Commercial Rules of the American Arbitration Association. Without limiting the generality of the foregoing, it is the intention of the parties to resolve by binding arbitration all disputes arising between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth parties, the terms and conditions meaning of our agreement to binding arbitrationany of the terms of this Lease or any other document signed between the parties, any representations, promises or omissions made in connection with the negotiation of this Lease. The Parties agree Both parties agree, covenant and acknowledge contract that there shall be no class arbitration between the parties and that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies only parties to this Arbitration Provision. The Parties agree any disputes or controversies to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration be arbitrated as more particularly described herein shall be administered the Landlord and Tenant. Either party may demand arbitration by filing with the American Arbitration Association (“AAA”)written demand for arbitration along with a statement of the matter in controversy. The A copy of the demand for arbitration shall simultaneously be governed pursuant served upon the other party. Both parties agree that the arbitration proceedings to resolve all such disputes shall be conducted in the AAA Consumer Arbitration Rules (city/county where the “Code”)Property is located. The arbitration will occur before a singleBoth parties agree that they shall keep confidential the results, neutral arbitrator selected decisions and conversations and all communications in accordance connection with the Code in effect at the time arbitration proceedings and/or the arbitration is commencedagreement. You have a right to attend Either party may seek damages and/or an injunction against the arbitration hearing in personother for any violations of this provision. You may choose to have any arbitration hearing held in In the county in which You liveevent of arbitration, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties each party shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is be responsible for their its own filing fees, costs and expenses associated with an related to arbitration, including attorneys including, but not limited to, its reasonable attorneys' fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You (a) Should either party to this Agreement have the right any dispute as to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase any aspect of this Agreement, or arising out of, or related to or connected with Employee's employment, compensation or benefits, or the termination thereof, the parties will submit any such dispute to final and binding arbitration pursuant to the Employment Arbitration Rules of the American Arbitration Association before a neutral arbitrator selected from the list of Arbitrators. Arbitration Unless another limitations period is a method expressly mandated by statute, to be timely, any dispute must be referred to arbitration within twelve (12) months of resolving any claimthe date on which the Party making such referral became aware, dispute or controversy without filing a lawsuitwith reasonable diligence should have become aware, of the incident or complaint giving rise to the dispute. In this Arbitration Provision, You, WeDisputes not timely referred to arbitration shall be deemed waived, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit arbitrator shall deny any untimely claims. THE PARTIES EXPRESSLY AGREE THAT SUCH ARBITRATION SHALL BE THE EXCLUSIVE REMEDY FOR ANY DISPUTE INVOLVING THIS AGREEMENT, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsTHE EMPLOYEE'S EMPLOYMENT, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitrationTERMINATION, including but not limited to Claims related to the underlying transaction giving rise to this AgreementCOMPENSATION, and including furtherBENEFITS OR THE VIOLATION OF EMPLOYEE'S CIVIL RIGHTS, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASSTHEY HAVE, OR AS MAY HAVE, TO A PRIVATE ATTORNEY GENERALCOURT TRIAL OR A JURY TRIAL OF ANY SUCH DISPUTE. In making an award, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMSthe arbitrator shall have no power to add to, STATEdelete from or modify this Agreement, COUNTY OR FEDERAL COURTor to enforce purported unwritten or prior agreements, or to construe implied terms or covenants into the Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISIONIn reaching a decision, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTthe arbitrator shall adhere to the relevant law and applicable precedent, and shall have no power to vary therefrom. The arbitration In construing this Agreement, its language shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before given a single, neutral arbitrator selected fair and reasonable construction in accordance with the Code in effect at intention of the parties and without regard to which party drafted it. At the time of issuing a decision, the arbitration arbitrator shall (in the decision or separately) make specific findings of fact, and shall set forth such facts as support the decision, as well as conclusions of law, and the reasons and bases for the opinion. In the event the arbitrator exceeds the powers or jurisdiction here conferred, or fails to issue a decision in conformance herewith, it is commencedspecifically agreed that the aggrieved party may petition a court of competent jurisdiction to correct or vacate such award, and that the arbitrator's act of exceeding his or her powers shall be grounds for granting such relief. You have a right to attend It is further agreed by the arbitration hearing in person. You may choose to have parties that venue for any arbitration hearing held in the county in which You liveor other legal proceedings shall be Edison, New Jersey. This arbitration clause is entered pursuant to, and shall be governed by, the closest AAA location Federal Arbitration Act, but in all other respects this Agreement shall be governed by the provisions of New Jersey law without application of its laws with respect to Your residence, or via telephoneconflict of laws. For information about how to initiate arbitration with If the AAA, Federal Arbitration Act is not applicable then the Parties New Jersey General Arbitration Act shall refer to the AAA Code and forms at xxx.xxx.xxx or call govern (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.N.J.

Appears in 2 contracts

Samples: Confidential Separation Agreement (Hanover Capital Mortgage Holdings Inc), Confidential Separation Agreement (Hanover Capital Mortgage Holdings Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In consideration of Consultant’s consulting relationship with the foregoingCompany, You have the right to opt out of this agreement its promise to arbitrate by providing written notice of your intention all disputes related to do so to Us via certified mail within thirty (30) days Consultant’s consulting relationship with the Company and Consultant’s receipt of the purchase compensation and other benefits paid to Consultant by Company, at present and in the future, Consultant agrees that any and all controversies, claims, or disputes with anyone (including Company and any employee, officer, director, shareholder or benefit plan of the Company in their capacity as such or otherwise), arising out of, relating to, or resulting from Consultant’s consulting or other relationship with the Company or the termination of Consultant’s consulting or other relationship with the Company, including any breach of this Agreement. , shall be subject to binding arbitration under the federal arbitration Act and pursuant to the Arbitration is a method provisions set forth in California Code of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator Civil Procedure Sections 1280 through 1294.2 (the “PartiesCCP ACT”) are irrevocably waiving our rights and pursuant to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionCalifornia law. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU CONSULTANT MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON BRING A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, GENERAL AS PERMITTED BY LAW. THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT AND SHALL CONTINUE TO APPLY WITH FULL FORCE AND EFFECT NOTWITHSTANDING THE APPLICATION OF PROCEDURAL RULES SET FORTH IN THE CCP ACT AND CALIFORNIA LAW. CONSULTANT AGREES TO ARBITRATE ANY AND ALL COMMON LAW AND/OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMSSTATUTORY CLAIMS UNDER LOCAL, STATE, COUNTY OR FEDERAL COURTLAW, INCLUDING, BUT NOT LIMITED TO, CLAIMS UNDER THE CALIFORNIA LABOR CODE, CLAIMS RELATING TO EMPLOYMENT OR INDEPENDENT CONTRACTOR STATUS, CLASSIFICATION, AND RELATIONSHIP WITH THE COMPANY, AND CLAIMS OF BREACH OF CONTRACT, EXCEPT AS PROHIBITED BY LAW. NOTWITHSTANDING ANYTHING CONSULTANT ALSO AGREES TO ARBITRATE ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO THE CONTRARY IN INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISIONAGREEMENT TO ARBITRATE, BUT NOT TO DISPUTES ABOUT THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THIS AGREEMENT TO ARBITRATE OR ANY PORTION HEREOF OR THE CLASS, COLLECTIVE AND REPRESENTATIVE PROCEEDING WAIVER HEREIN. WITH RESPECT TO ALL SUCH CLAIMS AND DISPUTES THAT CONSULTANT AGREES TO ARBITRATE, CONSULTANT XXXXXX EXPRESSLY AGREES TO WAIVE, AND DOES WAIVE, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING RIGHT TO A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY TRIAL BY A COURTJURY. The arbitration shall be administered by Consultant further understands that this Agreement to arbitrate also applies to any disputes that the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance Company may have with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESConsultant.

Appears in 2 contracts

Samples: Consulting Agreement (Udemy, Inc.), Consulting Agreement (Udemy, Inc.)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt Any and all disputes arising out of this agreement to arbitrate Agreement will be determined by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties submission to binding arbitration for resolution. This before a three-member arbitral panel, which arbitration shall be conducted in New York, New York, pursuant to the Rules of Arbitration Provision sets forth of the terms American Arbitration Association, the jurisdiction to which all parties hereto, as well as their successors, assigns and conditions of our agreement to binding arbitrationtransferees, hereby consent. The Parties agree Company shall pay all costs and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies fees relating to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding such arbitration, including but not limited to Claims related the reasonable attorneys fees and costs of the Employee, including the deposit of a reasonable retainer to the underlying transaction giving rise to this AgreementEmployee's legal counsel, which attorney fees shall be paid by the Company when they are incurred, unless an award is made in favor of the Company, in which case the Employee shall immediately reimburse the Company for all costs and including furtherfees paid by the Company on the Employee's behalf, including, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each the attorneys fees and costs of the Parties retains Employee, one-half of the right to seek remedies in small claims court to resolve any Claim within cost of commencing the jurisdiction arbitration, and one-half of small claims courtthe costs and fees of the three-member arbitral panel. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtEMPLOYEE ACKNOWLEDGES THAT, except for small claims courtBEFORE SIGNING THIS AGREEMENT, to resolve any Claims arising under this Agreement between or among the PartiesHE WAS GIVEN AN OPPORTUNITY TO READ IT, EVALUATE IT AND WAS ENCOURAGED BY THE COMPANY TO DISCUSS IT WITH HIS PERSONAL ADVISORS AND ATTORNEY AND WITH REPRESENTATIVES OF THE COMPANY. YOU AGREE EMPLOYEE ACKNOWLEDGES THAT HE FULLY UNDERSTANDS ALL TERMS, CONDITIONS AND HEREBY EXPRESSLY WAIVE IMPLICATIONS OF THIS AGREEMENT. IN LIGHT OF THE FOREGOING ACKNOWLEDGEMENT, IT IS FURTHER UNDERSTOOD THAT TO THE EXTENT THAT THERE MAY BE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR AMBIGUITIES IN ANY OTHER COLLECTIVE PROVISION HEREIN THAT MIGHT HAVE TWO OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER MORE PLAUSABLE CONSTRUCTIONS, THE LANGUAGE OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT AGREEMENT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD NOT BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESAGAINST EITHER PARTY HERETO.

Appears in 2 contracts

Samples: Employment Agreement (Eurotech LTD), Employment Agreement (Eurotech LTD)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt Any dispute arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days and these terms and conditions, including the existence of the purchase of this Agreement. Arbitration is a method of resolving agreement and any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule question of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies arising in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration connection therewith shall be administered by the American Arbitration Association (“AAA”). The referred to arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code Dispute Resolution Rules of GTA in effect force at the time commencement of the Arbitration and of which both parties hereto shall be deemed to be cognizant. Neither party hereto, nor any persons claiming under either of them, shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been heard and determined by the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration accordance with the AAADispute Resolution Rules of GTA, and it is hereby expressly agreed and declared that the Parties obtaining of an Award from the arbitrators shall refer be a condition precedent to the AAA Code right of either party hereto or of any person claiming under either of them to bring an action or other legal proceedings against the other of them in respect of any such dispute. EXECUTED as an agreement by: SIGNED for and forms at xxx.xxx.xxx or call on behalf of Xxxxxx By being signed by its authorised representative In the presence of: Signature of authorised representative Signature of Witness Name of authorised representative (800please print) 778–7879Name of witness (please print) Position of authorised representative (please print) SIGNED for and on behalf of Client By being signed by its authorised representative In the presence of: Signature of authorised representative Signature of Witness Name of authorised representative (please print) Name of witness (please print) Position of authorised representative (please print) Schedule 1 to the GTA Storage and Handling Agreement Client Details Storage Term From Until Nominated facilities Min Inturn TPH Min Outturn TPH Commingling Yes / No Commodity (grain type) Grade/Variety Applicable standard Allowable shrinkage Inturn Fee Outturn Fee Monthly Carry Fee per Calendar Month (include monthly commencement day) Chemical treatment Other Conditions Special note: This proforma can be used in isolation to a particular Storage and Handling Agreement. Each Party is responsible Grain Title Transfer Proforma Transferor/Owner Name: Contact/Trader: Address: Postcode Transferee/Buyer Name: Contact/Trader: Address: Postcode Grain Title Transfer Details Date: Receival Site: Commodity: Contract: Season: Grade: Quantity: Storage and Handling Charges The buyer shall be liable for their own filing feesall storage, costs carry over, treatment and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESoutturn fees after the date of transfer.

Appears in 2 contracts

Samples: Storage and Handling Agreement, Storage and Handling Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIS TO UNDERSTAND YOUR RIGHTSARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VALLEY FIBER. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoingunlikely event that Valley Fiber is not above to resolve a dispute it has with you, You have the right to opt out of this agreement to arbitrate by providing written notice any member of your intention household, or any of your guests or any user of your Equipment of Services after 60 days, to do so the extent permitted by applicable law, we each agree to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving resolve any claim, dispute dispute, or controversy without filing a lawsuit. In this Arbitration Provision(excluding any Valley Fiber claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, You, We, the Privacy Policy and the Administrator Valley Fiber HB End User License Agreement (if applicable), including any further modifications of those agreement by Valley Fiber, the “Parties”) are irrevocably waiving our rights to go to court charges for Equipment and are agreeing instead to submit any claimsServices, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act breach or alleged breach thereof (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimscollectively, disputes and controversies (collectively “Claims”) related in any way to this Agreement ), by binding arbitration, including but not limited to Claims related to arbitration by the underlying transaction giving rise to this Agreement, Judicial Mediation and including further, without limitation, Claims arising Arbitration Services (“JAMS”) under contract, tort, statute, regulation, rule, ordinance or other rule the Optional Expedited Arbitration Procedures then in effect of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtJAMS, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”)as provided herein. The arbitration will occur before a singlebe conduct in in Winkler, neutral Manitoba, Canada unless you and Valley Fiber agree otherwise. Each party will be responsible for pay any JAMS filing, administrative and arbitrator selected fees in accordance with JAMS rules. The award rendered by the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties arbitrator shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, include costs and expenses associated with an of arbitration, including attorneys feesreasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may entered in any court of competent jurisdiction. NOTHING HEREIN IS INTENDED OR SHOULD Nothing in this Section shall be deemed as prevent Valley Fiber from seeking injunctive or other equitable relief from the courts as necessary to protect any of Valley Fiber’s proprietary interests. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. XXXXXX IN THE PARTIES AGREE PARTIES’ INDIVIDUAL CAPACITY, AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU NOT AS A REPRESENTATIVE OF OTHERSPLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, A COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT, BY ENTERING THE TERMS OF SERVICE, YOU AND VALLEY FIBER ARE EACH WAIVING THE RIGHT TO A MEMBER OF TRIAL BY JURY OR TO PARTICIPATE IN A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE BASIS UNDER PROCEEDING OF ANY CIRCUMSTANCESKIND.

Appears in 2 contracts

Samples: valleyfiber.ca, valleyfiber.ca

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT YOU AND VERIZON AGREETHAT ANY CLAIM ISSUE OR DISPUTE THAT YOU MAY HAVE ARISES, RESULTS FROM, OR IN ANY WAY RELATES TO THE FUTURE RELATING SERVICES OR THIS AGREEMENT (“DISPUTES”) SHALL BE RESOLVED ONLY BY BINDING INDIVIDUAL ARBITRATION AND THAT THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT AGREEMENT. Either party may initiate arbitration by notifying first y the other Party of the Dispute in writing at least 30 days in advance of initiating the Arbitration. Notice to Verizon should be sent to xxxxxxxxxxxxxxx@xxxxxxx.xxx or to Verizon dispute resolution manager, Xxx Xxxxxxx Xxx, XX00x000, Xxxxxxx Xxxxx, XX 00000. We will notify you at the billing address for Your account. The notice must describe the nature of the claim and the relief being sought. If the parties are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. Verizon will pay any filing fee that the AAA charges You for initiating arbitration. Unless You and We agree otherwise, the Arbitration will take place before a single arbitrator in the county where Service is provided and the AAA Commercial Rules of Arbitration shall apply. YOU AND YOUR DEALINGS WITH US MUST WE AGREE THAT ANY ARBITRATION WILL ONLY BE RESOLVED SOLELY THROUGH BINDING ON AN INDIVIDUAL BASIS AND THAT NO CLASS ACTION CLAIMS, PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR CLASS ARBITRATION OR SUIT MAY BE MAINTAINED. THE ARBITRATOR MAY ONLY AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO DETERMINE OR PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION. Notwithstanding the foregoing, You have the right Except for an action to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding compel arbitration, including but not limited to Claims enforce an arbitration award or for a temporary restraining order or injunction related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to neither party shall seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve Dispute in court or by any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The process other than by arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESas set forth above.

Appears in 2 contracts

Samples: www.verizon.com, www.verizon.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding You and the foregoing, You have the right Company agree to opt submit to mandatory binding arbitration any and all claims arising out of this agreement or related to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of Employment with the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, Company and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimstermination thereof, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsincluding, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment) based upon any federal, state or local ordinance, statute, regulation or constitutional provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the underlying transaction giving rise to this Agreementimproper use, and including furtherdisclosure or misappropriation of a party’s private, without limitationproprietary, Claims arising under contractconfidential or trade secret information. All arbitration hearings shall be conducted in San Mateo County, tort, statute, regulation, rule, ordinance or other rule of law or equityCalifornia. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT YOU RIGHTS THEY MAY HAVE TO LITIGATE TRIAL BY JURY IN SMALL CLAIMS COURTREGARD TO SUCH CLAIMS. This Agreement does not restrict your right to file administrative claims you may bring before any government agency where, STATEas a matter of law, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASSthe parties may not restrict the employee’s ability to file such claims (including, OR AS A PRIVATE ATTORNEY GENERALbut not limited to, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMSthe National Labor Relations Board, STATEthe Equal Employment Opportunity Commission and the Department of Labor). However, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISIONthe parties agree that, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTto the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur conducted through JAMS before a singlesingle neutral arbitrator, neutral arbitrator selected in accordance with the Code JAMS employment arbitration rules then in effect effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If you are unable to access these rules, then the time Company shall promptly provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. The Company will pay 100% of the first $25,000 of all arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, specific costs and expenses associated with an arbitration(“Arbitration Costs”) and 50% of all Arbitration Costs after the first $25,000, including attorneys but shall not pay or reimburse you for your own legal fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 2 contracts

Samples: Model N, Inc., Model N, Inc.

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingThe parties agree and acknowledge that any dispute, You have the right to opt controversy or claim, whether statutory or common law, arising out of this agreement to arbitrate Agreement or the business relationship between Independent Contractor and Pershing, or the termination of that relationship, included but not limited to, any claims alleging breach of contract, or any violation of any provision of this Agreement shall be submitted and finally settled by providing arbitration in accordance with the rules of the National Association of Securities Dealers, Inc. ("NASD"). Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of your intention to do so arbitrate. - ARBITRATION IS FINAL AND BINDING ON THE PARTIES. - THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL. - PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS. - THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED. - THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. Any court of competent jurisdiction may enter a judgment upon the arbitration award. Any claims for injunctive relief provided for in Section 21 of this Agreement are not subject to Us via certified mail within thirty (30arbitration. The mutual promises by the parties to arbitrate differences and the considerations set forth on the Schedule(s) days of attached to this Agreement, constitute consideration for this agreement to arbitrate. The Arbitrator's authority to award damages is limited to the purchase damages set out in Section 21 of this Agreement. Arbitration is a method The decision of resolving any claim, dispute or controversy without filing a lawsuitthe Arbitrator will be final and binding on the parties. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related Either party may bring an action in any way court of competent jurisdiction to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to compel arbitration under this Agreement, and including furtherto enforce an arbitration award, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law to vacate an arbitration award. The standards for confirmation or equity. Notwithstanding this agreement to arbitrate, each vacation of the Parties retains award shall be those of the right to seek remedies in small claims court to resolve any Claim within law of the jurisdiction State of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY New York NO PERSON SHALL BRING A PUTATIVE OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CERTIFIED CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN OR FILING COURT A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN PUTATIVE CLASS ACTION; WHO IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASSPUTATIVE CLASS WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR (iii) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT AGREE TO ARBITRATION CONSTITUTE A WAIVER OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS RIGHTS UNDER ANY CIRCUMSTANCESTHIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.

Appears in 2 contracts

Samples: Consulting Services Agreement (Predictive Systems Inc), Confidential Treatment (Predictive Systems Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES YOU AND VERIZON AGREE THAT ANY CLAIM ISSUE OR DISPUTE THAT YOU MAY HAVE ARISES, RESULTS FROM, OR IN ANY WAY RELATES TO THE FUTURE RELATING SERVICES OR THIS AGREEMENT (“DISPUTES”) SHALL BE RESOLVED ONLY BY BINDING INDIVIDUAL ARBITRATION AND THAT THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONAGREEMENT. Notwithstanding Either party may initiate arbitration by notifying the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days other Party of the purchase Dispute in writing at least 30 days in advance of this Agreementinitiating the Arbitration. Arbitration is a method Notice to Verizon should be sent to xxxxxxxxxxxxxxx@xxxxxxx.xxx or to Verizon Dispute Resolution Manager, Xxx Xxxxxxx Xxx, XX00X000, Basking Ridge, NJ 07920. We will notify you at the billing address for your account. The notice must describe the nature of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, the claim and the Administrator (relief being sought. If the “Parties”) parties are irrevocably waiving unable to resolve our rights dispute within 30 days, either party may then proceed to go to court and are agreeing instead to submit file a claim for arbitration. Verizon will pay any claims, disputes or controversies between filing fee that the Parties to binding arbitration AAA charges You for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding initiating arbitration. The Parties agree and acknowledge that Arbitration will take place before a single arbitrator in the transaction evidenced by this Agreement affects interstate commerce county where Service is provided and the Federal AAA Commercial Rules of Arbitration Act (“Act”) applies shall apply. You may also bring a claim in small claims court subject to this Arbitration Provisionthat court’s jurisdictional limit. The Parties agree YOU AND WE AGREE THAT ANY ARBITRATION OR CLAIM IN SMALL CLAIMS COURT WILL ONLY BE ON AN INDIVIDUAL BASIS AND THAT NO CLASS CLAIMS, PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR CLASS ARBITRATION MAY BE MAINTAINED. THE ARBITRATOR MAY ONLY AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO DETERMINE OR PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION. Except for an action to resolve all claims, disputes and controversies (collectively “Claims”) compel arbitration or for a temporary restraining order or injunction related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherneither party shall seek to resolve any Dispute in court, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in except a small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residenceas set forth above, or via telephone. For information about how to initiate by any process other than by arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESas set forth above.

Appears in 2 contracts

Samples: www.verizon.com, www.verizon.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In case of any dispute or difference arising between the foregoingparties regarding the meaning, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days construction, interpretation, breach or fulfillment or non-fulfillment of the purchase terms and obligations of this Agreementthese presents or any clause or condition thereof, the same shall be resolved amicably by mutual discussion. Arbitration is a method of resolving any claimIf such discussion fails to resolve the dispute, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, the Broker and the Administrator (account holder shall refer the “Parties”) are irrevocably waiving our rights matter to go mediation before initiating Arbitration for final resolution by the binding decision. If the mediation fails to court and are agreeing instead to submit cause any claims, disputes or controversies settlement between the Parties within 45 days of reference to mediation, two arbitrators, one to be nominated by each party, shall be appointed, for resolution of the disputes, who shall then appoint an umpire to act as the third Arbitrator, who shall chair the proceeding. Any reference to arbitration shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 2001 or any statutory modification thereof. The award of the Arbitrator or Arbitrators, as the case may be, shall be final and binding arbitration for resolutionon the parties. This The language of Arbitration Provision sets forth shall be English, legal seat and venue of Arbitration shall be Dhaka, Bangladesh and the substantive laws of Bangladesh shall govern the dispute. ACCEPTED AND AGREED: You acknowledge that you have read the preceding terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, that you understand them and including furtherthat you hereby manifest your assent to, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this and your agreement to arbitratecomply with, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under those terms and conditions by accepting this Agreement between or among the Partiesagreement. YOU ALSO UNDERSTAND THAT BY ACCEPTING THIS AGREEMENT YOU HAVE ACKNOWLEDGED THAT THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE IN SECTION 30 HEREIN. YOU ALSO AGREE THAT YOU HAVE BEEN PROVIDED WITH AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING AGREE TO THE CONTRARY IN NBLSL TERMS AND CONDITIONS, NBLSL USE AND RISK DISCLOSURES, NBLSL FINANCIAL PRODUCT FEATURES DISCLOSURES, DAY TRADING RISK DISCLOSURE, EXTENDED HOURS TRADING DISCLOSURE, AND ETF DISCLOSURE WHICH ARE INCORPORATED BY REFERENCE INTO THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association AGREEMENTAND MENTIONED HEREIN AS (“AAADISCLOSURE DOCUMENTS”). The arbitration shall APPENDIX 1: MARKET DATA ADDENDUM A. DSE market data: Market Data may be governed pursuant made available to you by NBLSL through the AAA Consumer Arbitration Rules [product name]: (a) last sale and quotation information pertaining to equity securities; (b) bond and other debt (including government securities) last sale and quotation information; and (c) such index and other market information, as may be admitted to trading on the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with Dhaka Stock Exchange (DSE) and approved by Bangladesh Securities Exchanges Commission (BSEC) and made available by the Code in effect at the time the arbitration is commencedDSE. You enter into the "Agreement for Market Data" in order to receive or have a right made available to attend the arbitration hearing in person. You may choose to have you any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESDSE Market Data.

Appears in 2 contracts

Samples: NBL Securities Limited Customer Agreement, NBL Securities Limited Customer Agreement

Arbitration. PLEASE READ THE PARTIES TO THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES AGREEMENT ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE THAT YOU THEY MAY HAVE IN HAD THE FUTURE RIGHT TO LITIGATE DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT BEFORE A JUDGE AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONJURY BUT HAVE WAIVED ANY SUCH RIGHTS IN FAVOR OF RESOLVING SUCH DISPUTES UNDER THE MEDIATION AND ARBITRATION PROVISIONS HEREIN. Notwithstanding the foregoing, Prior to any service You have the right to opt must contact EFG at (0-000-000-0000) for instructions before ANY repairs are started on Your Vehicle. Should any controversy or claim arising out of or relating to this agreement contract, or the breach thereof, the parties agree to arbitrate first mediate the dispute amongst themselves in good faith prior to demanding arbitration or taking any further legal action. To initiate mediation, either party must provide notice, in writing, to the other party, of the request to mediate. The parties agree to mediate the matter amongst themselves by providing written notice of your intention to do so to Us via certified mail telephone conference within thirty (30) days of receipt of such notice. If the purchase dispute is not resolved by mediation, the parties agree that any controversy or claim arising out of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies relating to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tortor the breach thereof, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be settled by arbitration administered by the American Arbitration Association (“AAA”)) in accordance with its Commercial Arbitration Rules, its Expedited Procedures, and its Supplementary Procedures for Consumer- Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall parties agree that a panel of one (1) arbitrator will be governed pursuant selected from a field of arbitrators provided by the AAA. The filing party (the “claimant”) must notify the other party (the “respondent”), in writing, that it wishes to arbitrate a dispute. The demand should briefly explain the dispute, list the names and addresses of the consumer and the business, specify the amount of money involved, and state what the claimant wants. The claimant must also send two copies of the demand to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time it sends the arbitration is commenceddemand to the respondent. You have When sending a right demand to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties claimant must attach a copy of the arbitration agreement from the consumer contract with the business. The claimant must also send the appropriate administrative fees and deposits. After the claimant pays the appropriate administrative fees and deposits associated with filing the demand, EFG shall refer pay the remainder of the fees and costs of the arbitration to the AAA Code on behalf of both parties. Nothing in this provision limits the arbitrator’s power to award the arbitration fees and forms costs to either party as part of the award. THE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO HAVE A COURT ADJUDICATE DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, IN SMALL CLAIMS COURT OR JUSTICE COURT, EXCEPT FOR THE SOLE PURPOSE OF CONFIRMING AND ENFORCING AN ARBITRATION AWARD OR ENFORCING THIS PROVISION. THE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO JURY TRIAL OF ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SHOULD EITHER PARTY BREACH THE ABOVE PROVISIONS BY FILING SUIT IN A COURT OF LAW, THAT PARTY SHALL BE REPSONSIBLE FOR THE COSTS AND FEES INCURRED TO ENFORCE THE MEDIATION AND ARBITRATION PROVISIONS. IF ANY PORTION OF THE MEDIATION AND ARBITRATION PROVISIONS ARE HELD ILLEGAL OR UNENFORCEABLE IN A JUDICIAL PROCEEDING, SUCH PORTION OF THE MEDIATION AND ARBITRATION PROVISIONS SHALL BE SEVERED AND SHALL BE INOPERATIVE, AND THE REMAINDER OF THE MEDIATION AND ARBITRATION PROVISIONS SHALL REMAIN OPERATIVE AND BINDING ON THE PARTIES. Prior to any service You must contact EFG at xxx.xxx.xxx or call (8000-000-000-0000) 778–7879for instructions before ANY repairs are started on Your Vehicle. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONGOVERNING LAW. THE PARTIES AGREE THAT THIS CONTRACT, INCLUDING THE MEDIATION AND ACKNOWLEDGE ARBITRATION PROVISIONS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO CONFLICTS OF LAWS. BOTH PARTIES, JOINTLY AND SEPARATELY, UNDERSTAND THAT THERE IS NO AGREEMENT SOME OR ALL OF THE TERMS OF THIS CONTRACT SHALL BE PERFORMED IN THE STATE OF TEXAS AND HEREBY IRREVOCABLY CONSENT TO PERSONAL JURISDICTION IN THE STATE OF TEXAS FOR THE PURPOSE OF GOVERNING, CONSTRUING, AND RESOLVING DISPUTES CONCERNING THIS CONTRACT. FURTHER, THE PARTIES AGREE THAT THE PROPER VENUE FOR THE RESOLUTION OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISDISPUTE OVER THIS CONTRACT SHALL BE DALLAS COUNTY, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESTEXAS.

Appears in 2 contracts

Samples: Contract, Contract

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSClient agrees to direct any complaints regarding the handling of the Account to Advisor, FutureAdvisor and the LPL Legal Department in writing. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONThis Agreement contains a pre-dispute arbitration clause. Notwithstanding By signing an arbitration agreement the foregoing, You have parties agree as follows: • All parties to this Agreement are giving up the right to opt out of this agreement xxx each other in court, including the right to arbitrate a trial by providing written notice of your intention to do so to Us via certified mail within thirty (30) days jury, except as provided by the rules of the purchase arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award, unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first hearing date. • The Panel of Arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. Arbitration is a method In consideration of resolving opening one or more accounts for you, you agree that any claimcontroversy between you and LPL, dispute Advisor and/or FutureAdvisor arising out of or controversy without filing a lawsuit. In this Arbitration Provisionrelating to your Account, Youtransactions with or for you, Weor the construction, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsperformance, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions breach of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimswhether entered into prior, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related on or subsequent to the underlying transaction giving rise to this Agreementdate hereof, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered settled by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code rules, then in effect at effect, of the time Financial Industry Regulatory Authority, Inc. Any arbitration award hereunder shall be final, and judgment upon the arbitration is commencedaward rendered may be entered in any court, state or federal, having jurisdiction. You have a right understand that you cannot be required to attend arbitrate any dispute or controversy non-arbitrable under federal law. GUIDED WEALTH PORTFOLIOS SCHEDULE A - FEES Client agrees to pay the arbitration hearing in personfollowing fees for the Account (collectively, the “Account Fee”): Advisor Fee. You may choose to have any arbitration hearing held Client will pay an annualized Advisor Fee for the investment advisory services of Advisor, which will be based upon the value of assets under management (including cash holdings) and will be set out in the county in which You live, Account Application. The Advisor Fee is negotiable between Client and Advisor and is paid by LPL to Advisor. The Advisor Fee will not exceed 1.00%. The Advisor Fee will be as stated on the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESAccount Application.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThe parties hereto understand and agree that the Property leased between the parties is involved in, affect, or have a direct impact upon, intrastate commerce. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingBoth parties agree that all claims, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsdemands, disputes or controversies of every kind or nature that may arise between them concerning any of the provisions of the Acknowledgments or the Agreement,, any negotiations leading to the lease or sale of the Property, any disputes arising pursuant to the Acknowledgments or the Agreement, OTHER THAN TENANT/OPTIONEE’S FAILURE TO PAY RENT, EVICTION PROCEEDINGS BROUGHT BY SELLER/OPTIONOR AGAINST TENANT/OPTIONEE AND/OR DAMAGE TO THE PROPERTY CAUSED BY TENANT/OPTIONEE, or any breach of the terms or performance of any covenant under the Acknowledgments or the Agreement, shall be settled by binding arbitration conducted pursuant to the provisions of 9 U.S.C. Section 1 et seq. and according to the Commercial Rules of the American Arbitration Association. Without limiting the generality of the foregoing, it is the intention of the parties to resolve by binding arbitration all disputes arising between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth parties, the terms and conditions meaning of our agreement to binding arbitrationany of the terms of the Acknowledgments or the Agreement, or any other document signed between the parties, any representations, promises or omissions made in connection with the negotiation of the Acknowledgments or the Agreement. The Parties agree Both parties agree, covenant and acknowledge contract that there shall be no class arbitration between the parties and that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies only parties to this Arbitration Provision. The Parties agree any disputes or controversies to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration be arbitrated as more particularly described herein shall be administered the Seller/Optionor and Tenant/Optionee. Either party may demand arbitration by filing with the American Arbitration Association (“AAA”)written demand for arbitration along with a statement of the matter in controversy. The A copy of the demand for arbitration shall simultaneously be governed pursuant served upon the other party. Both parties agree that the arbitration proceedings to resolve all such disputes shall be conducted in the AAA Consumer Arbitration Rules (city/county where the “Code”)Property is located. The arbitration will occur before a singleBoth parties agree that they shall keep confidential the results, neutral arbitrator selected decisions and conversations and all communications in accordance connection with the Code in effect at the time arbitration proceedings and/or the arbitration is commencedagreement. You have a right to attend Either party may seek damages and/or an injunction against the arbitration hearing in personother for any violations of this provision. You may choose to have any arbitration hearing held in In the county in which You liveevent of arbitration, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties each party shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is be responsible for their its own filing fees, costs and expenses associated with an related to arbitration, including attorneys including, but not limited to, its reasonable attorneys’ fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding Except as otherwise provided in Section 11 hereof, the foregoingEmployee, You have the right to opt Broadway Ticketing Division and HMC each agree that any and all disputes and claims arising out of this agreement or related to arbitrate the Employee’s employment by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claimBroadway Ticketing Division or the termination thereof, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties shall be submitted to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsin New York County, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related New York pursuant to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule then-existing model employment dispute rules of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAARules”). The arbitration shall , before three (3) arbitrators to be governed selected pursuant to the AAA Consumer Arbitration Rules (then-existing Rules. THE EMPLOYEE HEREBY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT, IN AGREEING TO SUBMIT SUCH DISPUTES AND/OR CLAIMS TO ARBITRATION, EACH OF THE EMPLOYEE, THE BROADWAY TICKETING DIVISION AND HMC GIVE UP THE RIGHT TO HAVE THE DISPUTE(S) OR CLAIMS(S) HEARD IN A COURT OF LAW BY A JUDGE OR JURY. However, nothing herein shall in any way limit either the “Code”)Employee’s, the Broadway Ticketing Division’s or HMC’s statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process, and nothing herein shall in any way limit the Broadway Ticketing Division’s or HMC’s rights under Section 11 hereof. Moreover, nothing herein shall restrict any resort to any statutory agency charged with enforcing any of the Employee’s, the Broadway Ticketing Division’s or HMC’s statutory rights and/or remedies; however the review of any such agency’s actions shall be had before the arbitrators as discussed above and not before a judge or jury. By signing this Agreement, the Employee understands that the Employee may not have a jury decide any dispute or claim, but that any such dispute or claim shall be decided only by the arbitrators. The arbitration will occur before arbitrators shall issue a singlewritten decision, neutral arbitrator selected in accordance with including the Code in effect at the time the arbitration arbitrators’ written findings and conclusions upon which any award is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879based. Each Party is responsible for their party shall bear its own filing fees, costs and expenses associated with and an equal share of the arbitrators’ and administrative fees of arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISexcept that the arbitrators shall be authorized, BY YOU AS A REPRESENTATIVE OF OTHERSin their discretion, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESto award fees and expenses to a prevailing party in the interests of justice.

Appears in 2 contracts

Samples: Employment Agreement (Hollywood Media Corp), Employment Agreement (Hollywood Media Corp)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding All disputes, claims or controversies arising from or relating to this Loan or the foregoingrelationships which result from this Contract, You have or the right to opt out validity of this arbitration clause or the entire Contract, shall be resolved by binding arbitration by one arbitrator selected by Creditor with consent of Borrowers. This arbitration agreement is made pursuant to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, Wetransaction in interstate commerce, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced shall be governed by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provisionat 9 U.S.C. Section 1, Judgment upon the award rendered may be entered in any court having jurisdiction. The Parties parties agree and understand that they choose arbitration instead of litigation to resolve all claimsdisputes. The parties understand that they have a right or opportunity to litigate disputes through a court, but that they prefer to resolve their disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding through arbitration, including except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY CREDITOR (AS PROVIDED HEREIN). The parties agree and understand that all disputes arising under case law, statutory law and all other laws including, but not limited to, all contract, tort and property disputes will be subject to Claims related binding arbitration in accord with this Agreement. The parties agree and understand that the arbitrator shall have all powers provided by the law and this Agreement. These powers shall include all legal and equitable remedies including, but not limited to, money damages, declaratory relief and injunctive relief. Notwithstanding anything hereunto the contrary, Creditor retains an option to use judicial or non-judicial relief to enforce a security agreement relating to the Collateral secured in a transaction underlying transaction giving rise this arbitration agreement, to enforce the monetary obligation secured by the Collateral or to foreclose on the Collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to repossess any Collateral, to obtain a monetary judgment or to enforce the security agreement shall constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in a suit brought by Creditor pursuant to this provision. The debtor's rights and including further, without limitation, Claims arising interests in the Reserve Account and Total Reserve Credit under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement the Reserve Addendum to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Dealer Agreement between the debtors and the secured party dated February 28, 1994. /s/ Dennxx Xxxxxxxx --------------------------- Dennxx Xxxxxxxx TO: Green Tree Financial Corporation or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association its subsidiary (“AAA”hereinafter "Green Tree"). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 2 contracts

Samples: Note and Security Agreement (Bikers Dream Inc), Note and Security Agreement (Bikers Dream Inc)

Arbitration. All disputes and claims relating to Velovita, the Agreement, or its products, the rights and obligations of a Member of Velovita, or any claims or causes of actions relating to the performance of either a Member or Velovita under the Agreement, and/or a Member’s purchase of products shall be settled totally and finally as set forth in Section 15 “ARBI- TRATION AGREEMENT” of the Terms and Conditions of Velovita (the “Terms and Condi- tions”) as incorporated herein by reference. IMPORTANT: PLEASE READ THIS REVIEW THE ARBITRATION PROVISION CAREFULLY AGREEMENT SET FORTH IN SEC- TION 15 OF THE TERMS AND CONDITIONS CAREFULLY, AS IT WILL REQUIRE MEMBER TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN RESOLVE DISPUTES WITH THE FUTURE RELATING TO THIS AGREEMENT COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. BY ACTING AS A MEMBER OF THE COMPANY, EACH MEMBER EXPRESSLY ACKNOWLEDGE THAT SUCH MEMBER HAS READ AND UNDERSTANDS ALL OF THE TERMS OF THESE POLICIES, THE TERMS AND CONDI- TIONS, INCLUDING SECTION 15 “ARBITRATION AGREEMENT” AND HAS TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. Notwithstanding the foregoing, You the arbitration shall have no jurisdiction over disputes relating to the right ownership, validity or registration or any mark of other intellectual proper- ty or proprietary confidential information of Velovita without Xxxxxxxx’s written consent. Velovita may seek any applicable remedy in any applicable forum with respect to opt out of this agreement these disputes and with respect to arbitrate by providing written notice of your intention money owing to do so Xxxxxxxx. In addition to Us via certified mail within thirty (30) days monetary damages, Xxxxxxxx may obtain injunctive relief against a Member in violation of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherfor any violation of misuses of Velovita’s trademark, without limitationcopyright or confidential infor- mation policies. Nothing in these Policies and Procedures shall prevent us from terminating the Member Agreement or applying to and obtaining from any court having jurisdiction a written attachment, Claims arising under contracta temporary injunction, tortpreliminary injunction, statutepermanent injunction, regulation, rule, ordinance or other rule relief available to safeguard and protect our interest prior to, during or following the filing of law any arbitration or equityother proceedings or pending the rendition of a decision or award in connection with any arbitration or other legal proceedings. Notwithstanding this agreement The existence of any claim or cause of action of a Member against Xxxxxxxx, whether predicated on the Agreement or otherwise, shall not constitute a defense to arbitrate, each Velovita’s enforcement of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held covenants and agreements contained in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESAgreement.

Appears in 2 contracts

Samples: Member Application and Agreement, Member Application and Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES LENDER AND BORROWER AGREE THAT ANY CLAIM ALL DISPUTES, CLAIMS AND CONTROVERSIES BETWEEN THEM, WHETHER INDIVIDUAL, JOINT, OR DISPUTE THAT YOU MAY HAVE CLASS IN THE FUTURE RELATING TO NATURE, ARISING FROM THIS AGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONTRACT AND YOUR DEALINGS WITH US MUST TORT DISPUTES, SHALL BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONARBITRATED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UPON REQUEST OF EITHER PARTY. Notwithstanding the foregoing, You have the right No act to opt out take or dispose of any Collateral shall constitute a waiver of this arbitration agreement to arbitrate or be prohibited by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionagreement. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherincludes, without limitation, Claims arising obtaining injunctive relief or a temporary restraining order; invoking a power of sale under contractany deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, tort, statute, regulation, rule, ordinance including taking or other rule disposing of law such property with or equity. Notwithstanding this agreement without judicial process pursuant to arbitrate, each Article 9 of the Parties retains Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to seek remedies enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in small claims any court to resolve any Claim within the jurisdiction of small claims courthaving jurisdiction. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under Nothing in this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTshall preclude any party from seeking equitable relief from a court of competent jurisdiction. The arbitration statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be administered by applicable in any arbitration proceeding, and the American Arbitration Association (“AAA”)commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The arbitration Federal Arbitration Act shall be governed pursuant apply to the AAA Consumer Arbitration Rules (construction, interpretation, and enforcement of this arbitration provision. CAPTION HEADINGS. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESprovisions of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (PDS Financial Corp), Loan Agreement (PDS Financial Corp)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSBoth parties agree that any dispute or claim between the student and Park City Culinary Institute (or any party affiliated with Park City Culinary Institute or any of its principals, officers or agents) arising out of or relating to a student’s enrollment at Park City Culinary Institute, whether such dispute arises before, during, or after the student’s attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at the student’s or Park City Culinary Institute’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingThis policy, You have the however, is not intended to modify a student’s right to opt out file a grievance with the State Division of this agreement Consumer Protection or any other agency. Either party may elect to arbitrate by providing pursue arbitration upon written notice to the other party. Such notice must describe the nature of your intention the controversy and the remedy sought. This provision does not preclude the parties from mutually agreeing to an alternate arbitration forum or administrator in a particular circumstance. If either party wishes to propose such an alternate forum or administrator, it should do so to Us via certified mail within thirty (30) days of its receipt of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement party’s intent to arbitrate. IF EITHER A STUDENT OR PARK CITY CULINARY INSTITUTE CHOOSE ARBITRATION, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courtNEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, except for small claims courtEXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN SMALL CLAIMS OR SIMILAR COURT). FURTHER, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING STUDENT WILL NOT HAVE THE RIGHT TO PARTICIPATE AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR ANY CLASS OF CLAIMANTS PERTAINING TO OTHERWISE PURSUE ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT A STUDENT OR PARK CITY CULINARY INSTITUTE WOULD HAVE IN A CLASS- ACTION COURT ALSO MAY NOT BE AVAILABLE IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTARBITRATION. The arbitration shall have no authority to arbitrate claims on a class action basis, and claims brought by or against a student may not be administered joined or consolidated with claims brought by or against any other person. Any arbitration hearing shall take place in Utah. Each party will bear the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a singleexpense of its own attorneys, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have experts and witnesses, regardless of which party prevails, unless applicable law gives a right to attend recover any of those fees from the arbitration hearing in personother party. You If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may choose to have any arbitration hearing held award sanctions in the county in which You liveform of fees and expenses reasonably incurred by the other party (including arbitration administration fees, the closest AAA location to Your residencearbitrators’ fees, or via telephone. For information about how to initiate arbitration with the AAAand attorney, the Parties shall refer expert, and witness fees), to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs extent such fees and expenses associated could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The Federal Arbitration Act (FAA), 9 U.S.C.§§ 1, et seq., shall govern this arbitration provision. This arbitration provision shall survive the termination of the student’s relationship with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESPark City Culinary Institute.

Appears in 2 contracts

Samples: And Enrollment Agreement, And Enrollment Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY You agree that upon the election of either of us, any dispute relating in any way to this Agreement will be resolved by binding arbitration as discussed below, and not through litigation in any court (except for matters in small claims court). This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). YOU HAVE A RIGHT TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO OPT OUT OF THIS AGREEMENT AND YOUR DEALINGS WITH US TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A GOVERNMENT TRIBUNAL OR COURT OF LAW. YOU ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED SOLELY THROUGH BY BINDING ARBITRATIONARBITRATION WHEN EITHER YOU OR US REQUEST IT. Notwithstanding What claims or disputes are subject to arbitration? Claims or disputes between you and us about your safe deposit box or any items stored in your safe deposit box are subject to arbitration. Any claims or disputes arising from or relating to this Agreement, any prior agreement between us, or the foregoingadvertising, You the application for, or the approval or establishment of this Agreement are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist or may arise in the future. All such claims or disputes are referred to in this Agreement as “Claims.” The only exception to arbitration of Claims is that both you and us have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. As Lessee, can I cancel or opt out of this agreement to arbitrate? Yes, you have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail if you tell us within thirty (30) 60 days of the purchase opening date of your box. If you want to opt out, call us at 0-000-000-0000, or visit a local branch. Otherwise this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, arbitrate will apply without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance regardless of whether 1) your lease is terminated; 2) you pay us in full of any outstanding debt you owe; or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except 3) you file for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESbankruptcy.

Appears in 1 contract

Samples: Deposit Box Lease

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Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY IS THE FINAL AND BINDING ON THE PARTIES. • THE PARTIES ARE WAIVING THEIR RIGHT TO UNDERSTAND YOUR RIGHTSSEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. IT PROVIDES THAT • PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITES THAN AND DIFFERENT FROM COURT PROCEEDINGS. • THE ARBITRATORS’ AWARD IS NOT REQUIRED TO INCLUDE FACTURAL FINDINGS OR LEGAL REASONING AND ANY CLAIM PARTY’S RIGHT TO APPEAL OR DISPUTE THAT YOU MAY HAVE IN TO SEEK MODIFICATION OF RULINGS BY THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS ARBITRATORS IS STRICTLY LIMITED. • THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONTHE SECURITIES INDUSTRY. Notwithstanding Any controversy: (1) arising out of or relating to any of my accounts maintained individually or jointly with any other party, in any capacity, with you; or (2) relating to my transactions or accounts with any of you predecessor firms by merger, acquisition or other business combination from the foregoinginception of such accounts; or (3) with respect to transactions of any kind executes by, You through or with you, your officers, directors, agents and/or employees; or (4) with respect to this agreement or any other agreements entered into with you relating to my accounts, or the breach thereof, shall be resolved by arbitration conducted at the NYSE, NASD, or AMEX or any self-regulatory organization (“SRO”) subject to the jurisdiction of the Securities and Exchange Commission and pursuant to the arbitration procedures then in effect of any such exchange or SRO as I may elect. If I do not make such election by registered mail addressed to you at your main office within 5 days after demand by you that I make such election, then you will have the right to opt elect the arbitration tribunal of your choice. Judgment upon any award rendered by the arbitrators may be entered into any court having jurisdiction thereof. No person shall bring putative or certified class action to arbitration, nor seek to enforce and predispute arbitration agreement against any person who has initialed in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from this class by court. Such forbearance to enforce any agreement to arbitrate by providing written notice shall not constitute a waiver of your intention to do so to Us via certified mail within thirty (30) days of the purchase of any rights under this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related except to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESextent stated herein.

Appears in 1 contract

Samples: Margin Agreement

Arbitration. PLEASE READ PARTIES ARE AGREEING TO HAVE ANY MATTER WHICH IS THE SUBJECT OF ARBITRATION PURSUANT TO THIS SECTION 8.3 DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, THE PARTIES ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION; IF ANY OF THE PARTIES REFUSES TO SUBMIT TO ARBITRATION IT MAY BE COMPELLED TO ARBITRATE UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE. A PARTY'S AGREEMENT TO THIS ARBITRATION PROVISION CAREFULLY IS VOLUNTARY. BY EXECUTING THIS AGREEMENT, EACH OF THE PARTIES ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THE FOREGOING AND HAS AGREED TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE SUBMIT DISPUTES ARISING OUT OF MATTERS INCLUDED IN THE FUTURE RELATING THIS SECTION 8.3 TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING NEUTRAL ARBITRATION. Notwithstanding the foregoing, You have the right to opt Any controversy or claim arising out of or relating to this agreement to arbitrate Agreement or the breach hereof shall be settled by providing written arbitration, which arbitration shall be conducted as follows: A party seeking arbitration shall promptly send notice of your intention arbitration to do so to Us via certified mail within the other party. The place of arbitration hereunder shall be Petaluma, California. Within thirty (30) days of the purchase date of this Agreementsuch notice, the parties shall appoint one neutral arbitrator. Arbitration is The mutually acceptable neutral arbitrator shall be selected from the panel of arbitrators at JAMS/Endispute and the arbitrator shall be a method duly qualified professional with at least five years of resolving any claim, dispute or controversy without filing a lawsuitexperience in the field of Intellectual Property law. In this Arbitration Provision, You, WeThe arbitrator shall determine all issues presented, and the Administrator (decision and award of such arbitrator shall be binding and conclusive upon the “Parties”) are irrevocably waiving our rights to go to parties hereto and shall be enforceable in a court and are agreeing instead to submit any claims, disputes or controversies between having jurisdiction over the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitrationparties. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule Rules of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except JAMS/Endispute for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The complex commercial arbitration shall be administered applied to any arbitration hereunder as to all matters of procedure, provided, however, that the parties may obtain discovery in aid of the arbitration. Arbitration costs shall be borne by the American Arbitration Association (“AAA”). The losing party in arbitration, or if the arbitration produces no clear loser, equally by the parties to such claim or controversy, except that each party shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their its own filing fees, expenses and costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESof any witnesses selected by such party.

Appears in 1 contract

Samples: Patent Assignment Agreement (Netsource Communications Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSIf the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. IT PROVIDES YOU AGREE THAT ANY DISPUTE OR CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND YOUR DEALINGS ATHAT YOU WILL ARBITRATE WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless You can demonstrate that arbitration in Delaware would create an undue burden for You, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the foregoingparties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, You have the right to opt out of this agreement to arbitrate and not be bound by providing these arbitration provisions by sending written notice of your intention decision to do so opt out to Us via certified mail the following address [address] within thirty (30) 30 days of the purchase date of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 1 contract

Samples: Terms of Service

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding To the foregoingmaximum extent permitted by law, You have the right to opt out of this agreement Company has the option to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase any dispute between us that we cannot resolve ourselves, which includes any dispute about whether our dispute should be arbitrated or any aspect of this Agreement, through binding arbitration by Littleton Alternative Dispute Resolution (LADR). Arbitration is a method of resolving any claim, dispute or controversy without The Company may waive its arbitration option by filing a lawsuitlawsuit against or naming the Employee. In this Arbitration Provisionany lawsuit or claim the Employee brings against or naming the Company, You, We, the Company will have until the date its answer or other response is due in that lawsuit to notify the Employee that the Company will exercise its arbitration option. The arbitrator's procedures or rules then in effect for employment disputes will govern any arbitration between us and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimsarbitration will take place in Xxxxxxx County, disputes or controversies between the Parties to binding arbitration for resolutionColorado. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY THE EMPLOYEE UNDERSTANDS THAT THIS AGREEMENT TO ARBITRATE ALL ARBITRABLE DISPUTES MEANS THE EMPLOYEE IS AGREEING TO WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY RIGHT YOU THE EMPLOYEE MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY ASK FOR A JURY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR TRIAL IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASSDISPUTE WITH THE COMPANY. Any litigation between us will be in the County or District Court for County, OR AS A PRIVATE ATTORNEY GENERALColorado, OR as appropriate based on the claims in any such litigation. All claims in any litigation between us will be tried to and decided by the court, rather than a jury. THE EMPLOYEE UNDERSTANDS THAT THIS AGREEMENT TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TRY ALL CLAIMS TO THE CONTRARY COURT IN THIS ARBITRATION PROVISION, ANY LITIGATION WITH THE COMPANY MEANS THE EMPLOYEE IS AGREEING TO WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY RIGHT THE EMPLOYEE MAY HAVE TO ASK FOR A JURY TRIAL IN ANY DISPUTE REGARDING WITH THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCOMPANY.

Appears in 1 contract

Samples: Employment Agreement (Cybergy Holdings, Inc.)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY All Disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas state law. YOU ARE AGREEING TO UNDERSTAND YOUR RIGHTSGIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY. IT PROVIDES THAT ANY CLAIM OR DISPUTE OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY HAVE ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ALL DISPUTES (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE FUTURE RELATING TO THIS AGREEMENT SITE, FAILURE OF THE SITE, AND YOUR DEALINGS WITH US MUST THE PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED SOLELY THROUGH EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall will be held in Houston, Texas and administered by the Houston, Texas office of the American Arbitration Association ("AAA”)") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules") including, if appropriate, the Procedures for Large, Complex Commercial Disputes, the International Commercial Arbitration Supplementary Procedures and the Supplementary Rules for Class Arbitrations. The arbitrator will have exclusive authority to resolve any disagreement relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Except for the exchange of relevant material and non-privileged documents between the parties, there shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a singleno interrogatories, neutral arbitrator selected depositions or other discovery in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCEShereunder.

Appears in 1 contract

Samples: NFTS Realm Sales Agreement

Arbitration. PLEASE READ THE PARTIES TO THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES AGREEMENT ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE THAT YOU THEY MAY HAVE IN HAD THE FUTURE RIGHT TO LITIGATE DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT BEFORE A JUDGE AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONJURY BUT HAVE WAIVED ANY SUCH RIGHTS IN FAVOR OF RESOLVING SUCH DISPUTES UNDER THE MEDIATION AND ARBITRATION PROVISIONS HEREIN. Notwithstanding the foregoing, You have the right to opt Should any controversy or claim arising out of or relating to this agreement contract, or the breach thereof, the parties agree to arbitrate first mediate the dispute amongst themselves in good faith prior to demanding arbitration or taking any further legal action. To initiate mediation, either party must provide notice, in writing, to the other party, of the request to mediate. The parties agree to mediate the matter amongst themselves by providing written notice of your intention to do so to Us via certified mail telephone conference within thirty (30) days of receipt of such notice. If the purchase dispute is not resolved by mediation, the parties agree that any controversy or claim arising out of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies relating to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tortor the breach thereof, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be settled by arbitration administered by the American Arbitration Association (“AAA”)) in accordance with its Commercial Arbitration Rules, its Expedited Procedures, and its Supplementary Procedures for Consumer-Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall parties agree that a panel of one (1) arbitrator will be governed pursuant selected from a field of arbitrators provided by the AAA. The filing party (the “claimant”) must notify the other party (the “respondent”), in writing, that it wishes to arbitrate a dispute. The demand should briefly explain the dispute, list the names and addresses of the consumer and the business, specify the amount of money involved, and state what the claimant wants. The claimant must also send two copies of the demand to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time it sends the arbitration is commenceddemand to the respondent. You have When sending a right demand to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties claimant must attach a copy of the arbitration agreement from the consumer contract with the business. The claimant must also send the appropriate administrative fees and deposits. After the claimant pays the appropriate administrative fees and deposits associated with filing the demand, EFG shall refer pay the remainder of the fees and costs of the arbitration to the AAA Code on behalf of both parties. Nothing in this provision limits the arbitrator’s power to award the arbitration fees and forms at xxx.xxx.xxx or call (800) 778–7879costs to either party as part of the award. Each Party is responsible for their own filing feesTHE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO HAVE A COURT ADJUDICATE DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, costs and expenses associated with an arbitrationWITHOUT LIMITATION, including attorneys feesIN SMALL CLAIMS COURT OR JUSTICE COURT, EXCEPT FOR THE SOLE PURPOSE OF CONFIRMING AND ENFORCING AN ARBITRATION AWARD OR ENFORCING THIS PROVISION. NOTHING HEREIN IS INTENDED THE PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO JURY TRIAL OF ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SHOULD EITHER PARTY BREACH THE ABOVE PROVISIONS BY FILING SUIT IN A COURT OF LAW, THAT PARTY SHALL BE CONSTRUED AS CONSENT REPSONSIBLE FOR THE COSTS AND FEES INCURRED TO ENFORCE THE MEDIATION AND ARBITRATION PROVISIONS. IF ANY PORTION OF THE MEDIATION AND ARBITRATION PROVISIONS ARE HELD ILLEGAL OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONUNENFORCEABLE IN A JUDICIAL PROCEEDING, SUCH PORTION OF THE MEDIATION AND ARBITRATION PROVISIONS SHALL BE SEVERED AND SHALL BE INOPERATIVE, AND THE REMAINDER OF THE MEDIATION AND ARBITRATION PROVISIONS SHALL REMAIN OPERATIVE AND BINDING ON THE PARTIES. GOVERNING LAW. THE PARTIES AGREE THAT THIS CONTRACT, INCLUDING THE MEDIATION AND ACKNOWLEDGE ARBITRATION PROVISIONS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO CONFLICTS OF LAWS. BOTH PARTIES, JOINTLY AND SEPARATELY, UNDERSTAND THAT THERE IS NO AGREEMENT SOME OR ALL OF THE TERMS OF THIS CONTRACT SHALL BE PERFORMED IN THE STATE OF TEXAS AND HEREBY IRREVOCABLY CONSENT TO PERSONAL JURISDICTION IN THE STATE OF TEXAS FOR THE PURPOSE OF GOVERNING, CONSTRUING, AND RESOLVING DISPUTES CONCERNING THIS CONTRACT. FURTHER, THE PARTIES AGREE THAT THE PROPER VENUE FOR THE RESOLUTION OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISDISPUTE OVER THIS CONTRACT SHALL BE DALLAS COUNTY, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESTEXAS.

Appears in 1 contract

Samples: Contract

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights right to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionarbitration. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. By signing this Agreement, You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur take place before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which that You livelive in, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own If You initiate arbitration with AAA, You must pay any AAA filing fees, fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration against You, We will pay Your filing fee and all costs associated with an the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including attorneys all attorney's fees. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. BY SIGNING THIS AGREEMENT, THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT.

Appears in 1 contract

Samples: Extended Service Agreement

Arbitration. PLEASE READ BY EXECUTING THIS AGREEMENT, THE PARTIES ARE AGREEING TO HAVE ANY MATTER WHICH IS THE SUBJECT OF ARBITRATION PURSUANT TO THIS SECTION 9.13 DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, THE PARTIES ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION, OR ARE OTHERWISE PROVIDED BY CODE OF CIVIL PROCEDURE SECTION 1280 ET SEQ. IF ANY OF THE PARTIES REFUSES TO SUBMIT TO ARBITRATION IT MAY BE COMPELLED TO ARBITRATE UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE. A PARTY'S AGREEMENT TO THIS ARBITRATION PROVISION CAREFULLY IS VOLUNTARY. BY EXECUTING THIS AGREEMENT, EACH OF THE PARTIES ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THE FOREGOING AND HAS AGREED TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE SUBMIT DISPUTES ARISING OUT OF MATTERS INCLUDED IN THE FUTURE RELATING THIS SECTION 9.13 TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING NEUTRAL ARBITRATION. Notwithstanding the foregoingThe parties agree that any and all disputes, You have the right to opt claims or controversies arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way relating to this Agreement that are not resolved by binding arbitrationtheir mutual agreement or mediation pursuant to Section 9.12, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The submitted to final and binding arbitration shall be governed in Orange County, California before JAMS/ENDISPUTE or its successor pursuant to the AAA Consumer United States Arbitration Rules (Act, 9 U.S.C., Sec. 1 et seq. Either party may commence the “Code”)arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS/ENDISPUTE, with a copy to the other party. The arbitration will occur before a single, neutral arbitrator selected be conducted in accordance with the Code provisions of JAMS/ENDISPUTE's Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS/ENDISPUTE and with one another in selecting an arbitrator from JAMS/ENDISPUTE's panel of neutrals, and in scheduling the arbitration is commencedproceedings. You have a right to attend The parties covenant that they shall participate in the arbitration hearing in persongood faith, and that they shall share equally in its costs. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.The provisions of this Section

Appears in 1 contract

Samples: Stock Purchase Agreement (Global Health Sciences Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY YOU AGREE TO UNDERSTAND GIVE UP YOUR RIGHTS. IT PROVIDES THAT RIGHTS TO BRING ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Notwithstanding the foregoingExcept for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms You and conditions of us, our agreement to binding arbitration. The Parties agree agents, employees, principals, directors, officers, shareholders, members, managers, successors and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsassigns, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise extent applicable, arising from or relating to this Agreement, and including furtherits interpretation or validity, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”)) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement. Any arbitration proceeding shall be brought and heard exclusively in Broward County, Florida, USA. The arbitration arbitrator shall be governed pursuant authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the AAA Consumer Arbitration Rules prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the “Code”). The arbitration will occur before a singlerequisite one (1) year period, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. that claim (or those claims) shall be waived and released and You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held shall be forever barred from asserting that claim (or those claims) in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESfuture.

Appears in 1 contract

Samples: Website Terms of Use

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding All disputes and questions whatsoever which arises between the foregoing, You have the right parties to opt out of this agreement and touching on this agreement on the construction or application thereof or any account cost, liability to arbitrate by providing written notice of your intention be made hereunder or as to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute act or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies way relating to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered settled by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the arbitration laws of the ICC and where there third party recipient an Actuary and Repo might be applicable This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties may alter, amend, nor modify this agreement, except by an instrument in writing signed by both parties. This agreement will be governed by and construed in accordance with the laws of United Kingdom. In the event that either party shall be required to bring any legal actions against the other it enforces any of the terms of this agreement the prevailing party shall be entitled to recover reasonably attorney fees and costs. For and on behalf of the Provider For and on behalf of the Receiver Name: Name: The SENDER and RECEIVER agree to the following banking co-ordinates pertaining to the agreement herein above stated: SENDER BANK CO-ORDINATES TO ISSUE THE INSTRUMENT RECEIVER'S CODE: Bank Name Bank Address Account Holder Account Number Bank Officer SWIFT Code RECEIVER’S BANK CO-ORDINATES TO RECEIVE THE INSTRUMENT. Bank Name TBA Bank Address Bank Officer Secured Email SWIFT Code Account Holder Account Number Signatory Name RECEIVER'S BANK CO-ORDINATES TO PAY FEES Bank Name XXX Xxxx Xxxxxxx Xxxx Xxxxxxx XXX SWIFT Code Account Holder Account Number Signatory Name RECEIVER RESERVES THE RIGHT TO USE ANY OF HIS BANK ACCOUNT TO PAY FEE AND RECEIVED HIS INSTRUMENTS. (IT’S OUR BANK REGULATIONS AND PROCEDURE) RECEIVER'S CODE: “EXHIBIT A” SAMPLE RWA FROM ISSUING BANK TO RECEIVER’S BANK (Text may vary in substance but the essential must be maintained) DATE : ATTENTION : RECEIVER’S BANK OFFICER NAME APPLICATION : SENDER’S COMPANY NAME DEAR SIR, SUBJECT: CONFIRMATION OF READY, WILLING AND ABLE TO ISSUE AND DELIVER AN UNCONDITIONAL FRESH CUT BANK GUARANTEE (BG) FULLY CASH BACKED WITH A FACE VALUE OF USD/EUR********************** IN FAVOUR OF *****************. WE, ..........................................................................................................HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE READY, WILLING AND ABLE TO ISSUE BANK GUARANTEE (BG) VIA SWIFT MT-799 AND FOLLOWED BY SWIFT MT-760 IN FAVOUR OF ******************* IN THE FACE VALUE OF EUROPEAN CURRENCY FOR USD/EUR *********************************** WITH A VALIDITY OF ONE (1) YEAR AND ONE (1) DAY. THE BANK GUARANTEE (BG) IS IRREVOCABLE, UNCONDITIONAL, IT IS TRANSFERABLE, ASSIGNABLE, NEGOTIABLE AND DIVISIBLE, WE FURTHER CONFIRM THAT THE BANK GUARANTEE IS CASH BACKED, FREE AND CLEARED OF ENCUMBRANCE AND THE CASH IS GOOD, CLEAN AND CLEAR FUNDS ON NON-CRIMINAL ORIGINS. FURTHER, WE CONFIRM THAT WE WILL DELIVER THE SAID BANK GUARANTEE (BG) VIA SWIFT MT-760 AND SEND THE HARD COPY BY BANK BONDED COURIER TO THE DESIGNATED BANK CO-ORDINATES BELOW: BANK NAME : BANK ADDRESS : BANK TELEPHONE : BANK FAX NUMBER : BANK OFFICER : SWIFT CODE : ACCOUNT NUMBER : ACCOUNT NAME : THE RWA IS VERIFIABLE AND MAY BE CONFIRMED ON BANK TO BANK BASIS THROUGH OUR SECURED DEPARTMENTAL ***************** ONLY; FOR THE ATTENTION OF ************************** AND ON RECEIPT OF YOUR CONFIRMATION WE SHALL PROCEED WITH THE SWIFT MT799 AND SUBSEQUENTLY FOLLOWED BY SWIFT MT760 THIS RWA IS ONLY VALID FOR TWO (2) BANKING DAYS. FOR AND ON BEHALF OF: XXX ISSUING BANK XXX XXX ISSUING BANK ADDRESS XXX BANK OFFICER 1 BANK OFFICER 2 TITLE (PIN) TITLE (PIN) RECEIVER'S CODE: “EXHIBIT B” ISSUER BANK - SWIFT MT 799 (Text may vary in substance but the essential undertaking must be maintained) DATE : FROM : BANK NAME : BANK ADDRESS : SWIFT BIC : TO BANK NAME : ADDRESS : BANK OFFICER : ACCOUNT NUMBER : ACCOUNT NAME : SWIFT CODE : XXXXXXXXXXX : AMOUNT : CURRENCY : EURO/USD TRANSACTION CODE : WE, WE XX<NAME & ADDRESS OF BG /SBLC ISSUING BANK>XX, ISSUING BG/SBLC, HEREBY CONFIRM WITH FULL BANKING RESPONSIBILITY THAT WE ARE READY TO ISSUE BG/SBLC IN NAME OF BENEFICIARY ************** FOR FACE VALUE OF EURO/USD 000,000,000.00 (XXXXXXXXXXXX EURO-USD) AND IT SHALL BE XXXXXXXXXXX AND CONFIRMED VIA SWIFT MT 760 AND THE HARD COPY OF BG/SBLC WILL BE SENT THROUGH BANK BONDED COURIER WITHIN 3 BANKING DAYS. THE BG/SBLC IS IRREVOCABLE, UNCONDITIONAL AND IS TRANSFERABLE, ASSIGNABLE, NEGOTIABLE AND DIVISIBLE SHALL BE HONORED ON MATURITY DATE. MESSAGE TRAILER FOR AND ON BEHALF OF: XXX ISSUING BANK XXX XXX ISSUING BANK ADDRESS XXX BANK OFFICER NAME BANK OFFICER NAME ISSUER BANK ISSUER BANK DESIGNATION DESIGNATION OFFICER CODE OFFICER CODE RECEIVER'S CODE: “EXHIBIT C” SAMPLE SWIFT MT-760 FROM ISSUING BANK TO RECEIVER BANK (Text may vary in substance but the essential undertaking must be maintained) FROM BANK NAME: BANK ADDRESS: BANK TEL: BANK FAX: BENK OFFICER NAME: SWIFT CODE: ACCOUNT NAME: ACCOUNT NO: TO BANK NAME: BANK ADDRESS: BANK TEL / FAX: BENK OFFICER NAME: SWIFT CODE: ACCOUNT NAME: ACCOUNT NO: TRANSACTION CODE: BG/SBLC NO: CURRENCY: AMOUNT: ISSUING DATE: MATURITY DATE: FOR THE VALUE RECEIVED, WE XX<NAME & ADDRESS OF BG /SBLC ISSUING BANK>XX. HEREBY IRREVOCABLY AND UNCONDITIONALLY, WITHOUT PROTEST OR NOTIFICATION PROMISE AND GUARANTEE TO PAY ON TIME, IN FULL AND WITHOUT DELAY, AGAINST THIS BG /SBLC IN FAVOUR OF XX CLIENT’S NAME XXX, THE BEARER OR HOLDER THEREOF, AT MATURITY THE OF 00,000,000.00 (AMOUNT IN WORD) IN THE LAWFUL CURRENCY OF XXX THE UNITED STATES OF AMERICA OR EUROPEAN UNION XXX. SUCH PAYMENT WILL BE UPON PRESENTATION AND SURRENDER OF THIS BG /SBLCAT THE OFFICE OF XX<NAME OF BG /SBLC ISSUING BANK>XX WITHOUT SETOFF AND FREE AND CLEAR OF ANY DEDUCTIONS, CHARGES, FEE OR WITHHOLDING OF ANY NATURE NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OF THE ISSUING OR PAYING BANK OR ANY POLITICAL SUBDIVISION OR AUTHORITY THEREOF OR THEREIN. THIS BG /SBLC /MTN SHALL BE GOVERNED AND BE CONSTRUED IN ACCORDANCE WITH THE UNIFORM RULES FOR DEMAND GUARANTEE (URDG), AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE ICC PUBLICATION #600. THIS BG /SBLCIS TRANSFERABLE, ASSIGNABLE AND DIVISIBLE WITHOUT PRESENTATION TO US. FOR AND ON BEHALF OF: XXX ISSUING BANK XXX XXX ISSUING BANK ADDRESS XXX BANK OFFICER 1 BANK OFFICER 2 TITLE (PIN) TITLE (PIN) RECEIVER'S CODE: CLIENT INFORMATION SUMMARY – (ANNEX - A) In accordance with Articles two (2) through five (5) of the Due Diligence Convention and the Federal Banking Commission Circular of December 1998, concerning the prevention of money laundering, and Article 305 of the Swiss Criminal Code, the following information may be supplied to banks and/or other financial institutions for the purpose of verification of identity and activities of the Principal, and the nature and origin of the funds that are to be utilized. All parties have an obligation for professional discretion and to take all appropriate precautions to protect the confidentiality of the information each holds in respect of the others’ activities. This legal obligation shall remain in full force and effect at the time the arbitration is commencedall times. You have a right to attend the arbitration hearing in person1. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESPrincipal: .

Appears in 1 contract

Samples: Deed of Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSPlease read the following section carefully because it requires you to arbitrate certain disputes and claims with Sponsor, RSG or FT and limits the manner in which you can seek relief from Sponsor, RSG or FT. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding Except for small claims disputes in which you or Sponsor, FT or RSG seek to bring an individual action in small claims court located in the foregoingcounty of your billing address or disputes in which you or Sponsor, You FT or RSG seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Sponsor, RSG or FT waive your rights to a jury trial and to have the right to opt any dispute arising out of or related to this agreement Agreement or the Event resolved in court. Instead, all disputes arising out of or relating to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty this Agreement or the Event will be resolved through confidential binding arbitration held in Denver, Colorado in accordance with the Streamlined Arbitration Rules and Procedures (30"Rules") days of the purchase Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of this Agreement. Arbitration is a method JAMS or waive your opportunity to read the rules of resolving JAMS and any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge claim that the transaction evidenced by rules of JAMS are unfair or should not apply for any reason. You and Sponsor, FT and RSG agree that any dispute arising out of or related to this Agreement or the Event is personal to you and Sponsor and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Sponsor, RSG or FT agree that this Agreement affects interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act Act, 9 U.S.C. § 1, et seq. (“Act”) applies the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, this Arbitration ProvisionAgreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The Parties agree to resolve all arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, disputes preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and controversies (collectively “Claims”) related in Sponsor agree that for any way to this Agreement arbitration you initiate, you will pay the filing fee and Sponsor will pay the remaining JAMS fees and costs. For any arbitration initiated by binding arbitrationSponsor, including but not limited to Claims related to Sponsor will pay all JAMS fees and costs. You and Sponsor agree that the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance state or other rule of law or equity. Notwithstanding this agreement to arbitrate, each federal courts of the Parties retains State of Colorado and the right to seek remedies United States sitting in small claims court to resolve Denver, Colorado have exclusive jurisdiction over any Claim within appeals and the jurisdiction enforcement of small claims courtan arbitration award. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS ARISING OUT OF OR IN ANY OTHER COLLECTIVE RELATED TO THIS AGREEMENT OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASSTHE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, OR AS A PRIVATE ATTORNEY GENERALTHE CLAIM IS PERMANENTLY BARRED, OR WHICH MEANS THAT YOU AND SPONSOR WILL NOT HAVE THE RIGHT TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO ASSERT THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCLAIM.

Appears in 1 contract

Samples: s3.amazonaws.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST REQUIRES ALL DISPUTES BE RESOLVED SOLELY THROUGH BY WAY OF BINDING ARBITRATION. Notwithstanding You agree that, except to the foregoingextent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, You have the right laws of the State of New York, without regard to opt principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Bank (or Ando), regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitrationor any aspect of the relationship between you and Bank (or Ando), including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under whether based in contract, tort, statute, regulationfraud, rulemisrepresentation or any other legal theory, ordinance will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or other rule of law or equity. Notwithstanding this agreement to arbitrate, jury and you agree that Bank and you are each of the Parties retains waiving the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims courttrial by a jury. You acknowledge Your understanding agree that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising arbitration under this Agreement between or among will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTability to participate in a class action. The arbitration shall will be administered by the American Arbitration Association ("AAA”)") under its Consumer Arbitration Rules, as amended by this Agreement. The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules are available online at: xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Bank for you. If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision. DOCS/0000000.1 Savings Account Agreement Addendum: Grow Your SavingsTM Effective: 06/01/2021 Ando, Inc. 0000 Xxxxxxx Xxxx, Xxxxx 000 Xxx Xxxxx, Xxxxxxxxxx 00000 Effective June 1, 2021, the following addendum changes and updates your Savings Account Agreement – For the period starting with the effective date of this addendum and ending on December 31, 2022 (the “Code”"Ando Boost Period"), the following rate information applies to your Ando Savings Account: During the Ando Boost Period, the Ando Savings Account is a variable rate account with additional Premium Rate tiers on balances up to $5,000 if certain Qualifying Criteria are met. The interest rate and Annual Percentage Yield ("APY") that applies to the account each day is based upon whether you meet the Qualifying Criteria below during a Qualifying Period. The interest rate and APYs may change at our discretion. Interest begins to accrue no later than the business day the deposit is applied to the Ando Savings Account (on non-business days, interest will begin to accrue on the next business day). The arbitration Interest will occur before be compounded daily and credited monthly. Account interest is calculated using the daily balance calculation method. This method applies a single, neutral arbitrator selected in accordance with daily periodic rate to the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held principal balance in the county in which You liveAccount each day. There are no minimum or maximum balance restrictions on the Account, the closest AAA location but premium interest tiers are only paid on balances up to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES$5,000 each month.

Appears in 1 contract

Samples: Savings Account Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, Any dispute or controversy without filing a lawsuit. In this Arbitration Provisionbetween Company and Participant, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes arising out of or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise relating to this Agreement, and including furtherthe breach of this Agreement, without limitationor otherwise, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be settled by arbitration in San Diego, California administered by the American Arbitration Association in accordance with its National Rules for the Resolution of Employment Disputes then in effect and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction. However, either party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of Company and Participant. The Company shall pay all of the direct costs and expenses in any arbitration hereunder and the arbitrator’s fees and costs; provided, however, that the arbitrator shall have the discretion to award the prevailing party reimbursement of its, his or her reasonable attorney’s fees and costs. The Company and Participant hereby expressly waive their right to a jury trial. EXHIBIT B TO RESTRICTED STOCK AWARD GRANT NOTICE CONSENT OF SPOUSE I, Lxxxx Xxxx, spouse of Dxxxx X. Xxxx, have read and approve the foregoing Restricted Stock Grant Notice and Restricted Stock Award Agreement (the AAAAgreement”). The arbitration shall be governed pursuant In consideration of issuing to my spouse the AAA Consumer Arbitration Rules shares of the common stock of Somaxon Pharmaceuticals, Inc., a Delaware corporation (the “CodeCompany”), set forth in the Agreement, I hereby appoint my spouse as my attorney-in-fact in respect to the exercise of any rights under the Agreement and agree to be bound by the provisions of the Agreement insofar as I may have any rights in said Agreement or any shares of the common stock of the Company issued pursuant thereto under the community property laws or similar laws relating to marital property in effect in the state of our residence as of the date of the signing of the foregoing Agreement. The arbitration will occur before Dated: , /s/ Lxxxx Xxxx Signature of Spouse EXHIBIT C TO RESTRICTED STOCK AWARD GRANT NOTICE STOCK ASSIGNMENT FOR VALUE RECEIVED, the undersigned, Dxxxx X. Xxxx, hereby sells, assigns and transfers unto Somaxon Pharmaceuticals, Inc., a singleDelaware corporation (the “Company”), neutral arbitrator selected shares of the common stock of the Company standing in its name of the books of said corporation represented by Certificate No. herewith and do hereby irrevocably constitute and appoint to transfer the said stock on the books of the within named corporation with full power of substitution in the premises. This Stock Assignment may be used only in accordance with the Code in effect at Restricted Stock Award Agreement between the time Company and the arbitration is commencedundersigned dated , . You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held Dated: , /s/ Dxxxx X. Xxxx Dxxxx X. Xxxx INSTRUCTIONS: Please do not fill in the county blanks other than the signature line. The purpose of this assignment is to enable the Company to exercise its “Repurchase Option,” as set forth in which You livethe Restricted Stock Award Agreement, without requiring additional signatures on the closest AAA location part of Participant. EXHIBIT D TO RESTRICTED STOCK AWARD GRANT NOTICE JOINT ESCROW INSTRUCTIONS , Secretary Somaxon Pharmaceuticals, Inc. 3000 Xxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 Ladies and Gentlemen: As escrow agent (the “Escrow Agent”) for both Somaxon Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and the undersigned recipient of shares of common stock of the Company (the “Participant”), you are hereby authorized and directed to Your residencehold in escrow the documents delivered to you pursuant to the terms of that certain Restricted Stock Award Agreement (“Agreement”) between the Company and the undersigned (the “Escrow”), or via telephone. For information about how to initiate arbitration including any stock certificate(s) and the Assignment(s) in Blank, in accordance with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.following instructions:

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Somaxon Pharmaceuticals, Inc.)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny claim, You have the right to opt dispute, or controversy (“Claim”) arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to to: i) this Agreement Agreement; ii) your Debit Card; iii) the Debit Cards of any additional cardholders designated by binding arbitrationyou, including but not limited to Claims if any; iv) your acquisition of the Debit Card; v) your use of the Debit Card; vi) the amount of funds available through the Card Account; vii) advertisements, promotions or oral or written statements related to the underlying transaction giving rise Debit Card, as well as goods or services purchased with the Debit Card; viii) the benefits and services related to this Agreementthe Debit Card; or ix) transactions on the Debit Card, and including furtherno matter how described, without limitationpleaded or styled, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”)) under its Consumer Arbitration Rules. The This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant to by the AAA Consumer Federal Arbitration Rules Act (the “Code”9 U.S.C. 1-16). The We will pay the initial filing fee to commence arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have and any arbitration hearing held that you attend shall take place in the county in which You livefederal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organizations, contact them it at: AAA, at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 or at xxx.xxx.xxx. Except for issues relating to arbitrability, the closest AAA location scope or enforceability of this arbitration provision or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, which are for a court of competent jurisdiction to Your residencedecide, or via telephoneall other issues are for the arbitrator(s) to decide, and such determinations shall be made final exclusively by the arbitrator, which award shall be binding and final. For information about how to initiate Judgment on the arbitration with the AAAaward may be entered in any court having jurisdiction. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON- INDIVIDUALIZED RELIEF: NO CLASS ACTION, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-OTHER REPRESENTATIVE ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A MEMBER CLAIM OF A CLASSANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. THE PARTIES COLLECTIVELY AND YOUYou 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, INDIVIDUALLYthe 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, ACKNOWLEDGE AND 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. 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 arbitration provision is invalid or unenforceable, the other parts of this arbitration provision 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 this arbitration provision shall be arbitrated under its terms. This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Debit Card, or any amounts owed on your Debit Card, to any other person or entity; or iv) expiration of the Debit Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION OF ANY CLAIM HEREUNDER ON AGREEMENT, DO NOT ACTIVATE OR USE THE DEBIT CARD, OR IF IT HAS ALREADY BEEN ACTIVATED, CANCEL IT. CALL 000-000-0000 TO CANCEL THE DEBIT CARD AND TO REQUEST A CLASS-ACTIONREFUND, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIF APPLICABLE.

Appears in 1 contract

Samples: www.paypalobjects.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY You and we agree that upon the election of either of us, any dispute relating in any way to your Card, account or transactions will be resolved by binding arbitration as discussed below, and not through litigation in any court (except for matters in small claims court). This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). YOU HAVE A RIGHT TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND YOUR DEALINGS WITH US WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED SOLELY THROUGH BY BINDING ARBITRATIONARBITRATION WHEN EITHER YOU OR WE REQUEST IT. Notwithstanding What claims or disputes are subject to arbitration? Claims or disputes between you and us about your account, Card, other transactions and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement or the foregoingadvertising, the application for, or the approval or establishment of your Card are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist or may arise in the future. All such claims or disputes are referred to in this section as “Claims.” The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Can I (customer) cancel or opt out of this agreement to arbitrate? You have the right to opt out of this agreement to arbitrate by providing written notice if you tell us within 60 days of your intention Card being issued. If you want to do so to Us via certified mail within thirty (30) days of the purchase of opt out, call us at 0-000-000-0000. Otherwise this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, arbitrate will apply without limitation, regardless of whether 1) your Card is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. What about class actions or representative actions? Claims arising under contractin arbitration will proceed on an individual basis, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each on behalf of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Partiesnamed parties only. YOU AND WE AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.TO:

Appears in 1 contract

Samples: www.chase.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES LENDER AND GRANTOR AGREE THAT ANY CLAIM ALL DISPUTES, CLAIMS AND CONTROVERSIES BETWEEN THEM, WHETHER INDIVIDUAL, JOINT, OR DISPUTE THAT YOU MAY HAVE CLASS IN THE FUTURE RELATING TO NATURE, ARISING FROM THIS AGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONTRACT AND YOUR DEALINGS WITH US MUST TORT DISPUTES, SHALL BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONARBITRATED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UPON REQUEST OF EITHER PARTY. Notwithstanding the foregoing, You have the right No act to opt out take or dispose of any Collateral shall constitute a waiver of this arbitration agreement to arbitrate or be prohibited by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionagreement. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherincludes, without limitation, Claims arising obtaining injunctive relief or a temporary restraining order; invoking a power of sale under contractany deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, tort, statute, regulation, rule, ordinance including taking or other rule disposing of law such property with or equity. Notwithstanding this agreement without judicial process pursuant to arbitrate, each Article 9 of the Parties retains Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to seek remedies enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in small claims any court to resolve any Claim within the jurisdiction of small claims courthaving jurisdiction. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under Nothing in this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTshall preclude any party from seeking equitable relief from a court of competent jurisdiction. The arbitration statute of limitations, estoppel, waiver, [aches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be administered by applicable in any arbitration proceeding, and the American Arbitration Association (“AAA”)commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The arbitration Federal Arbitration Act shall be governed pursuant apply to the AAA Consumer Arbitration Rules (construction, interpretation, and enforcement of this arbitration provision. ATTORNEYS' FEES AND OTHER COSTS. Lender may hire an attorney to help collect the “Code”)Note if Grantor does not pay, and Grantor will pay Lender's reasonable attorneys' fees. The arbitration Grantor also will occur before pay Lender all other amounts actually incurred by Lender as court costs, lawful fees for filing, recording, or releasing to any public office any instrument securing the Note; the reasonable cost actually expended for repossessing, storing, preparing for sale, and selling any security; and fees for noting a singlelien on or transferring a certificate of title to any motor vehicle offered as security for the Note, neutral arbitrator selected or premiums or identifiable charges received in accordance connection with the Code sale of authorized insurance. CAPTION HEADINGS. Caption headings in effect at this Agreement are for convenience purposes only and are not to be used to interpret or define the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESprovisions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Taylor Companies Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In case any controversy arises between the foregoing, You have parties hereto as to any of the right to opt out provisions of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of Agreement or the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, Weperformance thereof, and the Administrator (parties are unable to settle the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claimscontroversy by agreement or as otherwise provided herein, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding controversy shall be decided by arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered conducted by three arbitrators selected in accordance with the rules and procedures of the American Arbitration Association (“AAA”)Association. The decision of the arbitrators shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. The decision shall set forth in writing the basis for the decision. In rendering the decision and award, the arbitrators shall not add to, subtract from, or otherwise modify the provisions of this Agreement. The expense of the arbitration shall be divided between the parties unless otherwise specified in the award. Each party in interest shall pay the fees and expenses of its own counsel. The arbitration shall be governed pursuant conducted in Baltimore, Maryland. In any arbitration, the parties shall be entitled to conduct discovery in the same manner as permitted under Federal Rules of Civil Procedure 26 through 37, as amended. No provision in this Section shall limit the right of any party to this Agreement to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration, and the exercise of such remedies does not constitute a waiver of the right of either party to arbitration. OPERATIONS TRANSFER AGREEMENT LESSEE ENTITIES: LESSEE: GUARDIAN LTC MANAGEMENT, INC. By: ________________________ Name: ________________________ Title: ________________________ SUBLESSEES: MULBERRY SQUARE ELDER CARE AND REHABILITATION CENTER, LLC MEADOW VIEW SENIOR LIVING CENTER, LLC LAKEVIEW SENIOR CARE AND LIVING CENTER, LLC GUARDIAN ELDER CARE AT ALIQUIPPA, LLC BRADYVIEW MANOR, LLC JEFFERSON HILLS MANOR, LLC SCOTTDALE MANOR REHABILITATION CENTER, LLC CARLETON SENIOR CARE AND REHABILITATION CENTER, LLC GUARDIAN ELDER CARE AT LXXXXXX, LLC GUARDIAN ELDER CARE AT NANTICOKE, LLC ROLLING ACRES CARE CENTER, LLC MXXXXXX CONVALESCENT CENTER, LLC GUARDIAN ELDER CARE AT WHEELING, LLC By: Guardian LTC Management, Inc., a member By: ________________________ Name: ________________________ Title: ________________________ OPERATIONS TRANSFER AGREEMENT GUARDIAN ELDER CARE AT FORKSVILLE, LLC By: ________________________ Name: ________________________ Title: ________________________ THE STATE OF _____________ ) ) COUNTY OF _______________ ) This instrument was acknowledged before me on the ______ day of __________, 20__, by __________, the _____________ of GUARDIAN ELDER CARE AT FORKSVILLE, LLC, a Pennsylvania limited liability company, and of GUARDIAN LTC MANAGEMENT, INC., a Pennsylvania corporation, a member of MULBERRY SQUARE ELDER CARE AND REHABILITATION CENTER, LLC, a Pennsylvania limited liability company, MEADOW VIEW SENIOR LIVING CENTER, LLC, a Pennsylvania limited liability company, LAKEVIEW SENIOR CARE AND LIVING CENTER, LLC, a Pennsylvania limited liability company, GUARDIAN ELDER CARE AT ALIQUIPPA, LLC, a Pennsylvania limited liability company, BRADYVIEW MANOR, LLC, a Pennsylvania limited liability company, JEFFERSON HILLS MANOR, LLC, a Pennsylvania limited liability company, SCOTTDALE MANOR REHABILITATION CENTER, LLC, a Pennsylvania limited liability company, CARLETON SENIOR CARE AND REHABILITATION CENTER, LLC, a Pennsylvania limited liability company, GUARDIAN ELDER CARE AT LXXXXXX, LLC, a Pennsylvania limited liability company, GUARDIAN ELDER CARE AT NANTICOKE, LLC, a Pennsylvania limited liability company, ROLLING ACRES CARE CENTER, LLC, an Ohio limited liability company, MXXXXXX CONVALESCENT CENTER, LLC, a Ohio limited liability company, and GUARDIAN ELDER CARE AT WHEELING, LLC, a West Virginia limited liability company, on their behalf and on behalf of each the companies. _________________________________________ Notary Public OPERATIONS TRANSFER AGREEMENT CURWENSVILLE NURSING HOME, INC. NORTH AMERICAN MEDICAL CENTERS, INC. MILFORD VALLEY CONVALESCENT HOME, INC. By: ________________________ Name: ________________________ Title: ________________________ THE STATE OF _____________ ) ) COUNTY OF _______________ ) This instrument was acknowledged before me on the ______ day of __________, 20__, by __________, the _____________ of CURWENSVILLE NURSING HOME, INC., a Pennsylvania corporation, NORTH AMERICAN MEDICAL CENTERS, INC., a Pennsylvania corporation, MILFORD VALLEY CONVALESCENT HOME, INC., a Pennsylvania corporation, on behalf of the corporations. _________________________________________ Notary Public OPERATIONS TRANSFER AGREEMENT LESSOR: OHI ASSET (PA) TRUST By: OHI Asset (PA), LLC, its sole trustee By: Omega Healthcare Investors, Inc., its sole Member By: _____________________ Name: _____________________ Title: _____________________ STATE OF _________________ ) ) SS COUNTY OF _______________ ) The foregoing instrument was acknowledged before me this ___ day of _______, 20__, by _____________________, who is the ______________ of Omega Healthcare Investors, Inc., a Maryland corporation, the sole member of OHI Asset (PA), LLC, a Delaware limited liability company, the sole trustee of OHI Asset (PA) Trust, a Maryland business trust, on behalf of the trust. Notary Public, ________ County, ___________ My Commission Expires: OPERATIONS TRANSFER AGREEMENT NEW OPERATOR: ________________________________ By: _____________________ Name: _____________________ Title: _____________________ THE STATE OF ___________ ) ) COUNTY OF _____________ ) This instrument was acknowledged before me on the ______ day of ____________, 20__, by __________, the _____________ of _________________________, on behalf of said corporation. Notary Public EXHIBIT G MEMORANDUM OR SHORT FORM OF LEASE THIS INSTRUMENT PREPARED BY: Mxxx X. Xxxxxxx Dxxxx Derwent PLLC 100 Xxxxxx Xxx., X.X., Xxxxx 000 Grand Rapids, Michigan 49503 Telephone: 600.000.0000 THIS LEASE, made and entered into as of _____________, 20__, by and between ___________ __________________________________, having its principal office at 9000 Xxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, XX 00000, as Lessor, and __________________ Inc., a ___________________, having its principal office at ___________________________, as Lessee with respect to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected real property identified in accordance with the Code Exhibit(s) “ “ attached hereto and located in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES________________________________________.

Appears in 1 contract

Samples: Operations Transfer Agreement (Omega Healthcare Investors Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingYou hereby agree that any dispute concerning, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute relating or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise referring to this Agreement, and including furtherthe brochure/flier /website/invoice or any other literature concerning your trip, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance the trip itself or other rule of law any claim for damages due to injury or equity. Notwithstanding this agreement death which occurs during or in connection with the trip shall be resolved exclusively by binding arbitration according to arbitrate, each the then existing rules of the Parties retains the right to seek remedies American Arbitration Association in small claims court to resolve any Claim within the jurisdiction of small claims courtan arbitration conducted in Los Angeles County, California, USA. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTSuch proceedings will be governed by substantive California law. The arbitration shall dispute will be administered resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association (“AAA”)Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The arbitration shall parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be governed resolved pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephonemanner set forth herein. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-WAIVER OF JURY TRIAL IN CONNECTION WITH ANY ACTION OR REPRESENTATIVE ARBITRATION. LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES AGREE HEREBY SPECIFICALLY AND ACKNOWLEDGE KNOWINGLY WAIVE ANY RIGHTS THAT THERE EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL. EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS NO AGREEMENT FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY KIND BETWEEN ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALLBE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF CALIFORNIA, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO CONDUCT THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY ARBITRATION ON A CLASS-SUCH ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESJURISDICTION IN CONNECTION THEREWITH.

Appears in 1 contract

Samples: Terms and Conditions

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding Except in the foregoingevent of a breach or threatened breach by the Employee of paragraphs 1 or 4 of this Restrictive Covenants Agreement, You have the right to opt any controversy or claim arising out of or relating to this agreement to arbitrate Restrictive Covenants Agreement or its breach shall only be settled by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, final and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionin Minneapolis, Minnesota upon the request of either party. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The Such arbitration shall be administered by proceed in accordance with the then-governing rules of the American Arbitration Association (“AAA”)) for Employment Dispute Resolutions or Commercial Arbitration, at the option of the petitioner. The arbitration Judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. It is agreed that the parties shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before choose a single, neutral arbitrator selected in accordance with arbitration from among a panel of not less then seven (7) proposed arbitrators and that the Code in effect at the time the arbitration is commenced. You parties may have a right no more than two (2) panels of arbitrators presented to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with them by the AAA. The parties agree that they will share equally the fees of the arbitrator, the Parties and they shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is each be responsible for their own filing fees, attorneys’ fees and costs and expenses associated with an arbitration, including attorneys feesany filing fee paid by them unless the arbitrator determines that one party shall pay a greater portion of such costs and fees and states the justification therefore. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE THE EMPLOYEE HAS READ AND UNDERSTANDS THIS SECTION WHICH DISCUSSES ARBITRATION. THE PARTIES AGREE EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE EMPLOYEE AGREES TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF TO BINDING ARBITRATION, AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF ANY KIND BETWEEN THE PARTIES EMPLOYEE’S RIGHT TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION JURY TRIAL, RIGHT TO PARTICIPATION IN CLASS OR COLLECTIVE BASISGROUP LITIGATION, BY YOU AS A REPRESENTATIVE AND RELATES TO THE RESOLUTION OF OTHERSALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EMPLOYEE RELATIONSHIP, A PRIVATE ATTORNEY GENERAL OR A MEMBER INCLUDING BUT NOT LIMITED TO, CLAIMS OF A CLASS. THE PARTIES COLLECTIVELY DISCRIMINATION, RETALIATION, WHISTLEBLOWING, AND YOU, INDIVIDUALLY, ACKNOWLEDGE PAYMENT OF WAGES AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESBENEFITS.

Appears in 1 contract

Samples: Employment Agreement (Sajan Inc)

Arbitration. PLEASE READ You and we agree to this Arbitration provision (the “Arbitration Provision”). This Arbitration Provision significantly affects your rights in any dispute with us. Please read this Arbitration Provision carefully before you sign this Lease. EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION PROVISION CAREFULLY EITHER YOU OR WE MAY CHOOSE TO UNDERSTAND HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.EITHERPARTY'SDECISION TOARBITRATESHALLBEBINDING UPONTHEOTHERPARTY IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHTS. IT PROVIDES THAT RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST US. THE INFORMATION YOU AND WE MAY OBTAIN IN THE FUTURE RELATING TO THIS AGREEMENT DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU AND YOUR DEALINGS WITH US MUST WE WOULD HAVE IN COURT MAY NOT BE RESOLVED SOLELY THROUGH BINDING AVAILABLE IN ARBITRATION. Notwithstanding Any claim or dispute, whether in contract, tort or otherwise (including the foregoinginterpretation and scope of this arbitration provision and the arbitrability of any issue), You have the right to opt between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to this agreement to arbitrate by providing written notice of your intention to Lease or any resulting relationship (including any such relationship with third parties who do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In not sign this Arbitration Provision, Yousuch as an assignee of the Lease) shall, Weat your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and the Administrator (not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. This is called the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between Class Action Waiver.” Youmay choose the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions applicable rules of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by either the American Arbitration Association (“AAA”), JAMS, or another arbitration organization, subject to our approval. We waive the right to require you to arbitrate an individual claim if the amount you seek to recover qualifies as a small claim under applicable law. You may obtain a copy of the rules of the AAA by visiting its website (xxx.xxx.xxx) or of JAMS by visiting its website (xxx.xxxxxxx.xxx). You can also refer to the websites to learn how to file for arbitration. The arbitration arbitrators shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator attorneys or retired judges and shall be selected in accordance with the Code applicable rules of the chosen arbitration organization. The arbitrator shall apply substantive governing law and the applicable statute of limitations. The arbitration award shall be in effect at writing. The arbitration hearing shall be conducted in the time federal district in which you reside, or such other place convenient to you as required by the rules of the chosen arbitration is commencedorganization. You have If you demand arbitration first, you will pay the filing fee if the chosen arbitration organization requires it.We will advance and/or pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $2000, unless the law or the rules of the chosen arbitration organization require us to pay more. The arbitrator’s award shall be final and binding on all parties. There shall be a limited right to attend appeal to the extent allowed by the Federal Arbitration Act. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law.Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. This Arbitration Provision relates to an agreement that evidences a transaction involving interstate commerce. Any arbitration hearing under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1et. seq.) and not by any state law concerning arbitration. Neither you nor we waive the right to arbitrate by exercising self­help remedies, filing suit, or seeking or obtaining provisional remedies from a court. Judgment on the award rendered by the arbitrator may be entered in personany court having jurisdiction. You may choose If any part of this Arbitration Provision other than the Class Action Waiver is found by a court or arbitrator to have any arbitration hearing held in the county in which You livebe unenforceable, the closest AAA location remainder shall be enforceable. If the Class Action Waiver is found by a court or arbitrator to Your residence, or via telephone. For information about how to initiate arbitration with the AAAbe unenforceable, the Parties remainder of this Arbitration Provision shall refer to be unenforceable. This Arbitration Provision shall survive the AAA Code termination of any contractual agreement between you and forms at xxx.xxx.xxx us, whether by default or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESrepayment in full.

Appears in 1 contract

Samples: cdn0.opinion-corp.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any agree that all claims, disputes or controversies between disagreements that may arise out of the Parties interpretation or performance of this Agreement, or that in any way relate to binding arbitration for resolution. This Arbitration Provision sets forth Your use of the terms and conditions of our agreement Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration. The Parties Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that You and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, Richmond Weddings are each of the Parties retains waiving the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims courta trial by jury. You further acknowledge and agree that You waive Your understanding that all Parties hereunder are waiving their rights right to go participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Richmond Weddings otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service. You agree that, regardless of any statute or law to courtthe contrary, except for small claims court, any claim or cause of action arising out of or related to resolve any Claims arising under this Agreement between use of the Service including the ToS must be filed within one (1) year after such claim or among the Partiescause of action arose or be forever barred. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. Arbitration Rules The arbitration shall will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 0-000-000-0000). The arbitration Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitrator Powers The arbitrator, and not any federal, state, or local court or agency, shall be governed pursuant have exclusive authority to resolve any dispute relating to the AAA Consumer interpretation, applicability, enforceability or formation of this Arbitration Rules (the “Code”)Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will occur before a singledecide the rights and liabilities, neutral if any, of You and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator selected in accordance with will have the Code in effect at authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the time the arbitration is commenced. You have a right authority to attend the arbitration hearing in person. You may choose award monetary damages and to have grant any arbitration hearing held in the county in which You livenon-monetary remedy or relief available to an individual under applicable law, the closest AAA location arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800render an award) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitrationbased, including attorneys feesthe calculation of any damages awarded. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONThe Arbitrator shall follow the applicable law. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASSThe arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESThe arbitrator’s decision is final and binding on You and the Company.

Appears in 1 contract

Samples: richmondweddings.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO UNDERSTAND YOUR RIGHTSARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM K12 INSIGHT. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONFor any dispute with K12 Insight, you agree to first contact us xxxxxxx@x00xxxxxxx.xxx and attempt to resolve the dispute with us informally. Notwithstanding In the foregoingunlikely event that K12 Insight has not been able to resolve a dispute it has with you after sixty (60) days, You have the right we each agree to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving resolve any claim, dispute dispute, or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”excluding any claims for injunctive or other equitable relief as provided below) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes arising out of or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise connection with or relating to this Agreement, and including furtheror the breach or alleged breach thereof (collectively, without limitation"Claims"), Claims arising by binding arbitration by JAMS, under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies Optional Expedited Arbitration Procedures then in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to courteffect for JAMS, except for small claims court, to resolve any Claims arising under this Agreement between or among the Partiesas provided herein. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall JAMS may be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”)contacted at xxx.xxxxxxx.xxx. The arbitration will occur before a singlebe conducted in Fairfax County, neutral Virginia, unless you and K12 Insight agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator selected fees in accordance with JAMS rules, and the Code award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in effect at the time the arbitration is commenced. You have a right small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to attend the arbitration hearing in person. You may choose to have any arbitration hearing held engage in the county informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in which You liveany court of competent jurisdiction. Nothing in this Section shall be deemed as preventing K12 Insight from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, the closest AAA location to Your residencemisappropriation, or via telephone. For information about how to initiate arbitration with the AAAviolation of our data security, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx Intellectual Property Rights, or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESother proprietary rights.

Appears in 1 contract

Samples: K12 Insight Terms of Service

Arbitration. PLEASE READ EITHER YOU OR WBK MAY, IN YOUR OR ITS SOLE ELECTION, REQUIRE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL PAST, PRESENT OR FUTURE DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT AGREEMENT, ANY CLAIM OR DISPUTE THAT LOANS YOU MAY HAVE IN REQUEST OR RECEIVE, AND/OR THE FUTURE RELATING TO THIS AGREEMENT SERVICING OF YOUR LOAN, IF FUNDED (EACH, A “DISPUTE”), INCLUDING CLAIMS BY OR AGAINST (I) YOU AND/OR ANY PERSON CLAIMING THROUGH YOU AND YOUR DEALINGS WITH US MUST (II) WBK AND/OR ANY PERSON CLAIMING THROUGH WBK, BE RESOLVED SOLELY THROUGH FINAL AND BINDING ARBITRATION, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, we may seek injunctive or other appropriate relief. Notwithstanding the foregoing, You have the right to may opt out of this arbitration agreement by writing to arbitrate by providing written notice of your intention to do so to Us via certified mail LendingClub Corporation, 000 X Xxxxx Xxxx, Sunnyvale, California 94085, Attention: Loan Processing Department, within thirty (30) 30 days of the purchase execution of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be governed pursuant determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING WBK OR ANY CURRENT OR FORMER MEMBER OF LENDINGCLUB, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Rules Act (the “CodeFAA”). The arbitration arbitrator will occur before a single, neutral arbitrator selected in accordance apply substantive law consistent with the Code FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in effect at the time paragraph above prohibiting the consolidation of claims. The AAA Rules, which you may obtain from that organization, shall govern the arbitration is commenced. You have a right to attend the unless they conflict with this arbitration hearing in person. You may choose to have any arbitration hearing held in the county agreement, in which You livecase this arbitration agreement will control. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, nor to state or local laws that relate to arbitration proceedings. This arbitration agreement shall survive (i) suspension, termination, revocation, closure, or changes of this Agreement and your relationship with LendingClub or WBK; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or promissory note(s) which you hold or owe, or any amounts owed on such loans or notes, to any other person or entity. This arbitration agreement is to be given the broadest possible reading that is enforceable. If any portion of this arbitration agreement is deemed invalid or unenforceable, the closest AAA location remaining portions of this arbitration agreement shall nevertheless remain valid and in force, except that in no event shall any such invalidation be deemed to Your residence, authorize an arbitrator to determine claims or via telephonemake awards beyond the scope of authority as limited in this arbitration agreement. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.Exhibit A

Appears in 1 contract

Samples: Loan Agreement (LendingClub Corp)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding The Tribe and Authority agree that if the foregoingApplicable Courts lack or are unwilling to hear a dispute for which a waiver of sovereign immunity has been given pursuant to this Section 20, You have the right then any proper party to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, such dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to may request binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitrationsuch dispute. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration dispute shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected settled in accordance with the Code commercial arbitration rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in effect at any court of competent jurisdiction. Notwithstanding anything contained in this Section 20 to the time contrary, (1) the arbitration waiver contained in this Section 20 is commencedexpressly limited to actions for Permitted Claims against either the Tribe or Authority, as the case may be, (2) any monetary recovery upon any judgment resulting therefrom shall be limited to recovery against the Tribe’s or Authority’s interest in this Lease, and (3) in no event shall the Tribe or Authority be liable for indirect, consequential, special or punitive damages. You have a right THE WAIVERS AND CONSENTS DESCRIBED IN THIS SECTION SHALL INURE TO THE BENEFIT OF THE TRIBE, AUTHORITY AND ANY PERMITTED MORTGAGEE. THE TRIBE, AUTHORITY AND ANY PERMITTED MORTGAGEE SHALL HAVE AND BE ENTITLED TO ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES, INCLUDING THE RIGHT TO SPECIFIC PERFORMANCE, MONEY DAMAGES AND INJUNCTIVE OR DECLARATORY RELIEF. THE WAIVERS OF SOVEREIGN IMMUNITY AND CONSENTS TO JURISDICTION CONTAINED IN THIS SECTION ARE IRREVOCABLE. Each of the Tribe and Authority unconditionally and irrevocably waives, to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You livefullest extent permitted by applicable law, the closest AAA location jurisdiction and right of any tribal court or forum, now or hereafter existing or created, to Your residence, hear or via telephoneresolve any Permitted Claim. For information about how to initiate arbitration with Each of the AAA, Tribe and Authority unconditionally and irrevocably waives the Parties shall refer application of any rule or doctrine relating to the AAA Code and forms at xxx.xxx.xxx exhaustion of tribal remedies, abstention or call comity that might otherwise require or permit a Permitted Claim to be heard or resolved (800either initially or finally) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESin a tribal court or other tribal forum.

Appears in 1 contract

Samples: Land Lease (Mohegan Tribal Gaming Authority)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny dispute, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute controversy or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies claim (collectively “Claims”) related in any way arising out of or relating to this Agreement by binding arbitrationAgreement, including but not limited to Claims related arising out of or relating to the any underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be settled by arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer under its Commercial Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You have a right and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to attend the proceedings. Any such arbitration hearing in person. You may choose to have any arbitration hearing shall be held in Claiborne County, Tennessee, unless You and We mutually agree on a different location. We shall select and notify You of Our selection for the county in which first arbitrator and within ten (10) days of Your having received notice of said selection, You live, shall notify Us of Your selection for the closest AAA location to Your residence, or via telephonesecond arbitrator. For information about how to initiate arbitration with A third arbitrator shall be selected by the AAA, arbitrators named by the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879aforementioned parties. Each Party is party shall be responsible for their its own filing feescosts and expenses, but the costs and expenses associated with of the third arbitrator shall be shared by You and Us. You and We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act applies hereto. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. The time for commencing an arbitrationarbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including attorneys feesthe applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASSIf any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is intended or should be construed as consent to class-ACTION OR REPRESENTATIVE ARBITRATIONaction or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES AGREE UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, CLAIMS DECIDED INDIVIDUALLY, ACKNOWLEDGE THROUGH ARBITRATION. YOU AND DO NOT WE AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON WAIVE THE RIGHT TO A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESTRIAL BY JURY. This Paragraph shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement

Arbitration. Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank and its agents (including Stash and its affiliates) on the basis of your acceptance of the following arbitration clause. By opening your Account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE RELATING TO YOUR ACCOUNT MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN THE FUTURE RELATING COURT OR TO THIS AGREEMENT AND YOUR DEALINGS HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this AgreementRESPECT TO SUCH CLAIM. Arbitration is a method of resolving Claims. Except as expressly provided herein, any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision(whether based upon contract; tort, Youintentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, Wepresent or future), and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any including initial claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all counter-claims, disputes cross-claims and controversies third-party claims, arising from or relating to (collectively “Claims”i) related in the Account; (ii) any way to this Agreement by binding arbitration, including but not limited to Claims related service relating to the underlying transaction giving rise to Account; (iii) the marketing of the Account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance this arbitration provision (except for the prohibition on class or other rule non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Account or any such service (“Claim”) shall be decided, upon the election of law you or equity. Notwithstanding the Bank (or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this agreement to arbitrate, each arbitration provision and the applicable rules and procedures of the Parties retains arbitration administrator in effect at the right to seek remedies in small claims court to resolve any time the Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTis filed. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration ) shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time serve as the arbitration is commenced. You have a right to attend the arbitration hearing in personadministrator. You may choose to have any arbitration hearing held in obtain copies of the county in which You livecurrent rules, the closest AAA location to Your residenceforms, or via telephone. For information about how to initiate and instructions for initiating an arbitration with the AAA, the Parties shall refer to AAA by contacting the AAA Code and forms as follows: on the website at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing feesby writing to AAA at 0000 Xxxxxx Xxx Xxxx, costs and expenses associated with an arbitrationXxxxx 000 Xxxxxxxx, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESXX 00000.

Appears in 1 contract

Samples: Deposit Account Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingAny dispute, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty controversy, or claim (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the PartiesClaim”) are irrevocably waiving by you against us (or our rights to go to court and are agreeing instead to submit any claims, disputes employees or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced agents) or by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related us against you arising from or relating in any way to this Agreement or the Account, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code under its rules governing commercial disputes in effect at the time the arbitration Claim is commencedfiled. You have a right to attend the Any arbitration hearing in person. You may choose to have involving this Agreement or the Account will take place at a location within Miami- Dade County, Florida, and any judgment upon any arbitration hearing held award may be entered in any court having jurisdiction. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, WE AND YOU MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT, AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS; HOWEVER, AS PROVIDED ABOVE, ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM. SECURED CARD COLLATERAL AGREEMENT In order to induce the county Bank to extend credit to the Applicant(s) specified in Item IX (Credit Card) of the Account Application (the “Cardholder”) under a Visa credit card (the “Visa Card Account”) which You livemay be issued to the Cardholder pursuant to the terms and conditions of the Credit Card Agreement (the “Credit Card Agreement”) between the Cardholder and the Bank (and, if applicable, the closest AAA location individual who signed the Account Application as guarantor (the “Guarantor”), as well as any other credit, in whatever form or currency, including, without limitation, overdrafts resulting from automatic debit transactions or otherwise, loans, letters of credit and banker’s acceptances (including any renewals, extensions or modifications thereof) (hereinafter individually and collectively referred to Your residenceas “Credit”), and to secure the prompt payment or performance in full when due of (i) any and all obligations of the Cardholder to the Bank arising under the Credit Card Agreement or the Visa Card Account or in connection with any Credit, whether now existing or hereafter created, whether direct, indirect, absolute or contingent, or via telephone. For information about how to initiate arbitration with the AAAfor principal, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing interest, charges, fees, expenses or otherwise (including attorneys’ fees incurred by the Bank in obtaining the Cardholder’s compliance with such obligations and default interest accruing on the obligations); and (ii) any and all obligations of the Cardholder under this Secured Card Collateral Agreement (“this Agreement”), including reasonable attorneys’ fees and other costs and expenses associated with an arbitrationincurred by the Bank in exercising its rights and remedies hereunder (all such obligations being collectively referred to herein as the “Obligations”), including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISthe Pledgor (as defined below) hereby (jointly and severally if more than one) pledges, BY YOU AS A REPRESENTATIVE OF OTHERSassigns and pledges to the Bank, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOUand grants to the Bank a security interest in, INDIVIDUALLYall of the Pledgor’s right, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.title and interest in respect of the following (the “Collateral”):

Appears in 1 contract

Samples: Banking Services Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of If a dispute arises in connection with your intention to do so to Us via certified mail within thirty (30) days use of the purchase Website or services or in relation to any of this Agreementthese Terms of Use (collectively, “Disputes”) our hope is that we can resolve the matter informally. Arbitration is Accordingly, in the event of a method Dispute, we agree to first contact each other via email with a description of resolving the Dispute and any claim, dispute or controversy without filing a lawsuitproposed resolution. In this Arbitration Provision, You, We, You will email xxxx@xxxxxxxxxxxxxxxxxxx.xxx with your concern and the Administrator (Company will contact you via the “Parties”) are irrevocably waiving our rights email address we have on file for you. If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to go to court final and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions before a panel of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule three arbitrators of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”)) in Austin, Texas. The Either party may commence the arbitration shall be governed pursuant process by submitting a written demand for arbitration with the AAA, and providing a copy to the AAA Consumer Arbitration Rules (the “Code”)other party. The arbitration will occur before a single, neutral arbitrator selected be conducted in accordance with the Code provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the arbitration is commenceddemand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You have a right expressly agree to attend the arbitration hearing refrain from bringing or joining any claims in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, representative or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitrationclass- wide capacity, including attorneys feesbut not limited to bringing or joining any claims in any class action or any class-wide arbitration. NOTHING HEREIN IS INTENDED YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE AJUDGE OR SHOULD JURY DECIDE YOUR CASE AND TO BE CONSTRUED AS CONSENT PARTY TO A CLASS OR AGREEMENT REPRESENTATIVE ACTION. YOUUNDERSTANDANDAGREE TO CLASS-HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. ANY CAUSE OF ACTION OR REPRESENTATIVE ARBITRATION. CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT WEBSITE MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIS PERMANENTLY BARRED.

Appears in 1 contract

Samples: Terms of Use

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSIf the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. IT PROVIDES YOU AGREE THAT ANY DISPUTE OR CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND YOUR DEALINGS ATHAT YOU WILL ARBITRATE WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the foregoingparties’ decision to resolve all disputes through arbitration, You either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out of this agreement to arbitrate and not be bound by providing these arbitration provisions by sending written notice of your intention decision to do so opt out to Us via certified mail the following address [address] within thirty (30) days of the purchase Effective Date of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 1 contract

Samples: Docxellent Terms of Service

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingYou agree that any dispute concerning, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute relating or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise referring to this Agreement, and including furtherthe brochure/flier/website/invoice or any other literature concerning your trip, without limitationthe trip itself or any claim for damages due to injury or death which occurs during or in connection with, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement the trip shall be resolved exclusively by binding arbitration according to arbitrate, each the then existing rules of the Parties retains the right to seek remedies American Arbitration Association in small claims court to resolve any Claim within the jurisdiction of small claims courtan arbitration conducted in Northern Virginia. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTSuch proceedings will be governed by substantive Virginia law. The arbitration shall dispute will be administered resolved by a single arbitrator, who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association (“AAA”)Association, each party to the dispute shall have the right, on a single occasion, to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator's decision if either side can show plain error in the application of the law or be able to show an abuse of discretion with respect to factual findings. The arbitration shall parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be governed resolved pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephonemanner set forth herein. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR REPRESENTATIVE ARBITRATION. LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES AGREE HEREBY SPECIFICALLY AND ACKNOWLEDGE KNOWLINGLY WAIVE ANY RIGHTS THAT THERE IS NO EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL. EXCLUSIVE GOVERNING LAW ANDEXCLUSIVE JURISDICTION: THIS AGREEMENT AND ANY ACTIONS AND PROCEEDING BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, IF THE RIGHT TO SEEK ARBITRATION FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY KIND BETWEEN ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO IN FORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE COMMONWEALTH OF VIRGINIA, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO CONDUCT THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY ARBITRATION ON A CLASS-SUCH ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL LEGAL PROCEEDING AND WAIVE THE OBJECTION TO VENUE OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESJURISDICTION IN CONNECTION THEREWITH.

Appears in 1 contract

Samples: blueoctopusscuba.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY YOU AGREE TO UNDERSTAND GIVE UP YOUR RIGHTS. IT PROVIDES THAT RIGHTS TO BRING ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE CLAIMS RELATING TO THIS AGREEMENT AND/OR YOUR USE OF THIS WEBSITE IN GENERAL INCLUDING THE RIGHT TO A JURY OR BENCH TRIAL AND/OR TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONTO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION OTHER THAN ANY DISPUTES OR CLAIMS RELATED TO THE PROTECTION OF ANY INTELLECTUAL PROPERTY RIGHTS. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase terms of this Agreement. Arbitration is a method of resolving Any arbitration proceeding shall be exclusively brought and heard in Rockford, Illinois. The arbitrator shall be authorized to grant any claimrelief available under law or in equity and any award rendered shall be final and conclusive upon the parties, dispute except that the arbitrator shall not be authorized to award puni- tive damages to either You or controversy without filing a lawsuitus. In this Arbitration Provision, You, We, Any judgment may be entered in any court having jurisdiction and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court arbitrator may award reasonable costs and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitrationfees, including but not limited to Claims related reasonable attorney's fees and all arbitration fees, to the underlying transaction giving rise to this Agreementprevailing party, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each notwithstanding the then current rules of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the PartiesAAA. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO LITIGATE IN SMALL CLAIMS COURTUS WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, STATEWITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requi- site one (1) year period, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration You agree that any such claim (or claims) shall be administered waived and are hereby released by the American Arbitration Association (“AAA”). The arbitration You and You shall be governed pursuant to forever barred from asserting such claim (or claims) at any time after the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESexpiration of such peri- od.

Appears in 1 contract

Samples: Website Terms of Use

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding Except as otherwise provided in Section 9 hereof, the foregoing, You have the right to opt Employee and HMC each agree that any and all disputes and claims arising out of this agreement or related to arbitrate the Employee’s employment by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of HMC or the purchase of this Agreement. Arbitration is a method of resolving any claimtermination thereof, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties shall be submitted to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsin Palm Beach County, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related Florida pursuant to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule then-existing model employment dispute rules of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAARules”). The arbitration shall , before three (3) arbitrators to be governed selected pursuant to the AAA Consumer Arbitration Rules (then-existing Rules. THE EMPLOYEE HEREBY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT, IN AGREEING TO SUBMIT SUCH DISPUTES AND/OR CLAIMS TO ARBITRATION, EACH OF THE EMPLOYEE AND HMC GIVE UP THE RIGHT TO HAVE THE DISPUTE(S) OR CLAIMS(S) HEARD IN A COURT OF LAW BY A JUDGE OR JURY. However, nothing herein shall in any way limit either the “Code”)Employee’s, HMC’s statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process, and nothing herein shall in any way limit HMC’s rights under Section 9 hereof. Moreover, nothing herein shall restrict any resort to any statutory agency charged with enforcing any of the Employee’s or HMC’s statutory rights and/or remedies; however the review of any such agency’s actions shall be had before the arbitrators as discussed above and not before a judge or jury. By signing this Agreement, the Employee understands that the Employee may not have a jury decide any dispute or claim, but that any such dispute or claim shall be decided only by the arbitrators. The arbitration will occur before arbitrators shall issue a singlewritten decision, neutral arbitrator selected in accordance with including the Code in effect at the time the arbitration arbitrators’ written findings and conclusions upon which any award is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879based. Each Party is responsible for their party shall bear its own filing fees, costs and expenses associated with and an equal share of the arbitrators’ and administrative fees of arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISexcept that the arbitrators shall be authorized, BY YOU AS A REPRESENTATIVE OF OTHERSin their discretion, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESto award fees and expenses to a prevailing party in the interests of justice.

Appears in 1 contract

Samples: Employment Agreement (Hollywood Media Corp)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving If any claim, disagreement or dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies whatsoever shall arise between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by parties concerning this Agreement affects interstate commerce and (including the Federal Arbitration Act (“Act”documents referenced herein) applies to this Arbitration Provision. The Parties or your employment with CBS, the parties hereto agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance that such disagreement or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration dispute shall be administered by submitted to arbitration before the American Arbitration Association (“AAA”), and that a neutral arbitrator will be selected in a manner consistent with its Employment Arbitration Rules and Mediation Procedures (“Rules”). The Such arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected confidential and private and conducted in accordance with the Code Rules. Any such arbitration proceeding shall take place in effect at San Francisco before a single arbitrator (rather than a panel of arbitrators). The parties agree that the time arbitrator shall have no authority to award any punitive or exemplary damages and waive, to the arbitration is commenced. You have a full extent permitted by law, any right to attend recover such damages in such arbitration. Except as may be required by law, each party shall bear its respective costs (including attorney’s fees, and there shall be no award of attorney’s fees). Judgment upon the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You livefinal award rendered by such arbitrator, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer after giving effect to the AAA Code internal appeals process, may be entered in any court having jurisdiction thereof. Notwithstanding anything herein to the contrary, CBS shall be entitled to seek injunctive, provisional and forms at xxx.xxx.xxx equitable relief in a court proceeding as a result of your alleged violation of the terms of Section 7 of this Agreement, and you hereby consent and agree to exclusive personal jurisdiction in any state or call federal court located in San Francisco. Xx. Xxxxxx Xxxxx May 15, 2008 Page 18 If the foregoing correctly sets forth our understanding, please sign, date and return all four (8004) 778–7879copies of this Agreement to the undersigned for execution on behalf of CBS and CNET; after this Agreement has been executed by CBS and CNET and a fully-executed copy returned to you, it shall constitute a binding agreement between us. Each Party is responsible for their own filing feesVery truly yours, costs CBS CORPORATION By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Executive Vice President and expenses associated with an arbitrationGeneral Counsel ON BEHALF OF CNET NETWORKS, including attorneys feesINC. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT ITS BOARD OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISDIRECTORS By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Senior Vice President, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY General Counsel and Corporate Secretary ACCEPTED AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.AGREED: /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx

Appears in 1 contract

Samples: Cnet Networks Inc

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThis Agreement contains the entire agreement between two parties. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the All terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce shall be binding on the heirs, administrators, personal representatives and the Federal Arbitration Act (“Act”) applies to this Arbitration Provisionassignees of Owner and Fur Life K-9 Academy. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise Any controversy or claim arising out of or relating to this Agreement, and including furtheror breach thereof, without limitationor as the result of any claim or controversy involving the alleged negligence by any party to this Agreement, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected settled in accordance with the Code rules of the American Arbitration Association, and judgement upon award rendered by an arbitrator may be entered in effect at any Court having jurisdiction thereof. The arbitrator shall, as part of the time award, determine an award to the prevailing party of the costs of such arbitration is commencedand reasonable attorney’s fees of the prevailing party. You The arbitrator(s) shall apply Florida Law to the merits of any dispute or claim, without reference to conflicts of law rules. The parties hereby consent to the personal jurisdiction of the state and federal courts located in Florida and agree that such court shall have the sole and exclusive jurisdiction for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants. The parties understand that by signing this Agreement that they will submit any claims arising out of, relating to, or in connection with this agreement or the interpretation, validity, construction, performance, breach or termination thereof, to binding arbitration, and that this arbitration clause constitutes a waiver of the party’s right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer jury trial and related to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879resolution of all disputes relating to all aspects of the relationships between the two parties. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT Owner’s Initials SIGNATURES: Owner Signature: Date: Printed Name: Fur Life K-9 Representative: Date: Position: Printed Name: OTHERS AUTHORIZED TO CLASSPICK-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.UP MY PET: Name/Relationship: Phone Number: FUR LIFE K-9 ACADEMY DOG PROFILE OWNER INFORMATION First Name: Last Name: Address: City: State: Zip: Home Phone: Cell Phone: Work Phone: Email: EMERGENCY CONTACT Name: Phone Number: VETERINARIAN Clinic Name: Phone Number: Address: PET GUEST INFORMATION Dog’s Name: Breed: Weight: Color: Age: Birthdate:

Appears in 1 contract

Samples: K 9 Academy Client Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving and WaFd Bank agree that any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related relating in any way to this Agreement your use of the Service will be resolved by binding arbitration as discussed below, and not through litigation in any court (except for matters in small claims court). This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). YOU AND WAFD BANK ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT. What claims or disputes are subject to arbitration? Any claim or dispute relating in any way to your use of the Service, or to any services offered by WaFd Bank, will be resolved by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise rather than in court, except that you may assert claims in small claims court if your claims qualify. Any claims or disputes arising from or relating to this Agreement, and including furtherany prior account agreement between us, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each your use of the Parties retains Service are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. A claim includes disputes about the right to seek remedies in small claims court to resolve any Claim within the jurisdiction validity, enforceability, or scope of small claims courtthis Arbitration Section. You acknowledge Your understanding and WaFd Bank agree that any issues as to arbitrability are delegated for resolution by the arbitrator. Arbitration applies to any and all Parties hereunder are waiving their rights to go to courtsuch claims or disputes, except for small claims courtwhether they arose in the past, to resolve any may currently exist, or may arise in the future. Class Actions and Representative Actions Claims arising under this Agreement between or among in arbitration will proceed on an individual basis, on behalf of the Partiesnamed parties only. YOU AND WE AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.TO:

Appears in 1 contract

Samples: Banking Service Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding All disputes and questions whatsoever which arises between the foregoing, You have the right parties to opt out of this agreement and touching on this agreement on the construction or application thereof or any account cost, liability to arbitrate by providing written notice of your intention be made hereunder or as to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute act or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies way relating to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered settled by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code arbitration laws of the ICC. This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the parties may alter, amend, nor modify this agreement, except by an instrument in effect at writing signed by both parties. This agreement will be governed by and construed in accordance with the time laws of United Kingdom. In the arbitration is commencedevent that either party shall be required to bring any legal actions against the other it enforce any of the terms of this agreement the prevailing party shall be entitles to recover reasonably attorney fees and costs. You have a right to attend Lessee initials Lessor initials For and On behalf of the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephoneLessee. For information about how to initiate arbitration with and On behalf of the AAA, Lessor FOR OR ON BEHALF OF THE LESSEE. Name: Designation: Passport #: Issue date: Expiry date: (PASSPORT PIC IN COLOR) (CORPORATE SEAL) Lessee initials For and On behalf of the Parties shall refer Lessee. The Seller/Lessor and Lessee agree to the AAA Code following banking co-ordinates pertaining to the agreement herein above stated:- LESSOR’S BANK CO-ORDINATES TO ISSUE SBLC: BANK NAME BANK ADDRESS ACCOUNT NUMBER ACCOUNT NAME SWIFT CODE IBAN NUMBER SORT CODE XXXXXX AND LESSEE RESERVE THE RIGHT TO CHANGE THE BANK COORDINATES STATED HEREIN AT ANYTIME BY PROVIDING WRITTEN REQUEST TO THE UNDERSIGNED, THE RECEIVING BANK IS DIFFERENT TO SENDING BANK. (IT’S OUR BANK REGULATIONS AND PROCEDURE). LESSOR BANK CO-ORDINATE TO RECEIVE FEE BANK NAME BANK ADDRESS ACCOUNT NUMBER ACCOUNT NAME SWIFT CODE IBAN NUMBER SORT CODE LESSOR BANK CO-XXXXXXXX TO RECEIVE LEASE COST 6% BANK NAME BANK ADDRESS ACCOUNT NUMBER ACCOUNT NAME SWIFT CODE IBAN NUMBER SORT CODE In consideration of the mutual benefits to be derived by the associates or affiliated individuals, agents, companies, designees, trustees or executors, it is understood and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible agreed that the parties hereto are mutually desirous of effecting this business transaction in co-operation with one another for their own filing fees, costs mutual benefit and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.all signatory parties agree to abide by the following terms and conditions:

Appears in 1 contract

Samples: 18029604897116725867.googlegroups.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding Any claim or controversy between Employee, on one hand, and CTS and/or its officers, directors, or other employees, on the foregoingother hand, You have the right to opt arising out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise relating to this Agreement, Employee's employment with CTS, the termination of Employee's employment with CTS or any other dealings between Employee and including furtherCTS, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered settled by arbitration before the American Arbitration Association ("AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected ") in accordance with the Code AAA's commercial arbitration rules in effect at the time the such arbitration is commenced. You have a right to attend the arbitration hearing The award in person. You may choose to have any arbitration hearing held proceeding between Employee and CTS shall be binding and final, and may be entered in the county any court of competent jurisdiction specified in which You liveParagraph 19 of this Agreement. BJ EDS ------- ------- Initial Initial IT IS SO AGREED: THIS IS A BINDING LEGAL AGREEMENT WHICH SETS FORTH THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT, the closest AAA location to Your residenceINCLUDING COMPENSATION MATTERS. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. THIS AGREEMENT ALSO CONTAINS AN ARBITRATION AGREEMENT, or via telephoneWHICH YOU SHOULD STUDY CAREFULLY. For information about how to initiate arbitration with the AAAARBITRATION IS GENERALLY FINAL AND BINDING ON THE PARTIES. BY AGREEING TO ARBITRATION, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879YOU ARE WAIVING YOUR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. Each Party is responsible for their own filing feesPRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED AND DIFFERENT FROM COURT PROCEEDINGS. ADDITIONALLY, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN THE ARBITRATORS' AWARD IS INTENDED NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR SHOULD BE CONSTRUED AS CONSENT LEGAL REASONING AND ANY PARTY'S RIGHT TO APPEAL OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. SEEK MODIFICATION OF RULINGS BY THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE ARBITRATORS IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESSTRICTLY LIMITED.

Appears in 1 contract

Samples: Employment Agreement (Communication Telesystems International)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES LENDXX XXX BORRXXXX XXXEE THAT ANY CLAIM ALL DISPUTES, CLAIMS AND CONTROVERSIES BETWEEN THEM, WHETHER INDIVIDUAL, JOINT, OR DISPUTE THAT YOU MAY HAVE CLASS IN THE FUTURE RELATING TO NATURE, ARISING FROM THIS AGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONTRACT AND YOUR DEALINGS WITH US MUST TORT DISPUTES, SHALL BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONARBITRATED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UPON REQUEST OF EITHER PARTY. Notwithstanding the foregoing, You have the right No act to opt out take or dispose of any Collateral shall constitute a waiver of this arbitration agreement to arbitrate or be prohibited by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionagreement. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherincludes, without limitation, Claims arising obtaining injunctive relief or a temporary restraining order; invoking a power of sale under contractany deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, tort, statute, regulation, rule, ordinance including taking or other rule disposing of law such property with or equity. Notwithstanding this agreement without judicial process pursuant to arbitrate, each Article 9 of the Parties retains Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to seek remedies enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in small claims any court to resolve any Claim within the jurisdiction of small claims courthaving jurisdiction. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under Nothing in this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTshall preclude any party from seeking equitable relief from a court of competent jurisdiction. The arbitration statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be administered by applicable in any arbitration proceeding, and the American Arbitration Association (“AAA”)commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The arbitration Federal Arbitration Act shall be governed pursuant apply to the AAA Consumer Arbitration Rules (construction, interpretation, and enforcement of this arbitration provision. CAPTION HEADINGS. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESprovisions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Daw Technologies Inc /Ut)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY You and WaFd Bank agree that any dispute relating in any way to your use of the Service will be resolved by binding arbitration as discussed below, and not through litigation in any court (except for matters in small claims court). This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). YOU AND WAFD BANK ARE WAIVING THE RIGHT TO UNDERSTAND YOUR RIGHTSHAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. IT PROVIDES THAT YOU AND WE ALSO WAIVE ANY CLAIM ABILITY TO ASSERT OR DISPUTE THAT YOU MAY HAVE PARTICIPATE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED SOLELY THROUGH BY BINDING ARBITRATIONARBITRATION WHEN EITHER YOU OR WE REQUEST IT. Notwithstanding the foregoing, You have the right What claims or disputes are subject to opt out of this agreement arbitration? Any claim or dispute relating in any way to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days use of the purchase of Service, or to any services offered by WaFd Bank, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Any claims or disputes arising from or relating to this Agreement, any prior account agreement between us, or your use of the Service are also included. Arbitration is a method Claims are subject to arbitration, regardless of resolving any claimwhat theory they are based on or whether they seek legal or equitable remedies. A claim includes disputes about the validity, dispute enforceability or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions scope of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties You and WaFd Bank agree that any issues as to resolve arbitrability are delegated for resolution by the arbitrator. Arbitration applies to any and all claimssuch claims or disputes, disputes whether they arose in the past, may currently exist or may arise in the future. Class Actions and controversies (collectively “Claims”) related Representative Actions Claims in any way to this Agreement by binding arbitrationarbitration will proceed on an individual basis, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each on behalf of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Partiesnamed parties only. YOU AND WE AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.TO:

Appears in 1 contract

Samples: Banking Service Agreement

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