Common use of Arbitration Agreement Clause in Contracts

Arbitration Agreement. You and MSUFCU agree to attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.

Appears in 10 contracts

Samples: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement

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Arbitration Agreement. You Unless prohibited by federal law, you and MSUFCU we agree to attempt to informally settle arbitrate any and all claims and disputes arising out of, affecting, or relating in any way to your accounts, this Agreement or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship parties’ dealings with MSUFCU one another (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all except for Claims that are threatenedconcerning the validity, made, filed scope or initiated after the Effective Date (defined below) enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and Waiver of Class Action provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“Arbitration AgreementFAA”), even if the Claims arise out of, affect and not by state law. In any claim or relate dispute to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you or we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in accordance effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778- 7879 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. The arbitration shall take place in Los Angeles, California, where most Kings home games are played. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Guests and our employees, affiliated companies and vendors. You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with its applicable rules respect to such claim (and procedures for consumer disputes (“Rules”that determination becomes final after all appeals have been exhausted), whether such Claims are in contract, tort, statute, or otherwise. The Rules can the claim for public injunctive relief will be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation determined in court related and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration individual relief has been entered in court. AS A RESULTIn no event will a claim for public injunctive relief be arbitrated. If any other portion of this Arbitration Agreement is deemed invalid or unenforceable, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT)it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement shall be interpreted and enforced in accordance with will survive the Federal Arbitration Act set forth in Title 9 termination of the U.S. Code this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the fullest extent possiblepermitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, notwithstanding any state law BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the contrarydate you sign this Agreement. You must send your request by calling 000.XXXXX.XX (546.4752) or sending an e-mail to: xxxxxxxxxxxx@xxxxxxx.xxx. The request must include your full name, regardless of address, account number, and the origin or nature of statement “I reject the Claims at issue. This Arbitration Agreement does not prevent contained in my season ticket agreement.” If you from submitting any issue relating exercise the right to your accounts for review or consideration by a federalreject arbitration, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration the other terms of this Agreement shall remain in full force and effect as if you had not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actrejected arbitration.

Appears in 5 contracts

Samples: Automatic Payment Agreement, Automatic Payment Agreement, Automatic Payment Agreement

Arbitration Agreement. You In an effort to resolve any dispute, claim and/or controversy between Student and MSUFCU agree to attempt to informally settle any and all disputes ECPI arising out of, affecting, of or relating to your accountsthis Enrollment Agreement and/or the breach, termination, enforcement, interpretation or validity thereof as expeditiously and economically as possible, the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you parties hereto agree that any and all Claims that are threatenedsuch dispute, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, claim and/or controversy which cannot first be resolved in accordance with ECPI's Student Complaint / Grievance Procedure shall be determined solely by binding arbitration pursuant to the Federal Arbitration Act. Any such arbitration shall be held before a single arbitrator, conducted in the city and state in which Student is enrolled and administered by the American Arbitration Association (the "AAA") in accordance with pursuant to its applicable rules Commercial Arbitration Rules, including its Supplementary Procedures for Consumer-Related Disputes (collectively, the "Rules"). The appointment of the arbitrator and procedures for consumer disputes (“Rules”conduct of the arbitration proceedings, including without limitation the introduction of evidence, the exchange of documents and related materials by and among the parties and the use of witnesses at any hearing(s), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced carried out in accordance with the Federal Arbitration Act set forth in Title 9 applicable provisions of the U.S. Code Rules. Information about the arbitration process is available from AAA by visiting xxx.xxx.xxx or by phoning 0.000.000.0000. Nothing herein is intended to preclude the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity parties from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated provisional remedies in aid of arbitration from a court of appropriate jurisdiction or transferred to from filing an individual action in small claims court. This Arbitration Agreement does not apply to: (1) The parties agree that any consumer credit transaction secured judgment or award of an arbitrator rendered pursuant hereto may be entered in any federal or state court having jurisdiction thereof. For purposes of this arbitration provision, "ECPI" shall be deemed to mean and include all entities controlling, controlled by and/or under common control with ECPI as well as the respective employees, directors, agents, shareholders, predecessors, successors and assigns of the foregoing. The parties further agree that by entering into this agreement to arbitrate, each party is waiving the right to trial by jury or to participate in a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by class action. In addition, the Military Lending Act.parties hereto agree that:

Appears in 3 contracts

Samples: Enrollment Agreement, Enrollment Agreement, Enrollment Agreement

Arbitration Agreement. You and MSUFCU the Credit Union agree to that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have the Credit Union has provided, will provide or will provide, or have has offered to provide to you, and/or any aspect of your relationship with MSUFCU the Credit Union (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any Credit Union branch upon request to MSUFCU’s Legal departmentrequest. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.

Appears in 2 contracts

Samples: f.hubspotusercontent00.net, f.hubspotusercontent00.net

Arbitration Agreement. You Unless prohibited by federal law, you and MSUFCU we agree to attempt to informally settle arbitrate any and all claims and disputes arising out of, affecting, or relating in any way to your accounts, this Agreement or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship parties’ dealings with MSUFCU one another (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all except for Claims that are threatenedconcerning the validity, made, filed scope or initiated after the Effective Date (defined below) enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and Waiver of Class Action provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“Arbitration AgreementFAA”), even if the Claims arise out of, affect and not by state law. In any claim or relate dispute to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you or we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in accordance with its applicable rules effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and procedures for consumer disputes (“Rules”)fees from AAA by calling 800-778- 7879 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, whether such Claims are then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in contract, tort, statute, or otherwisewriting. The Rules can arbitration shall take place in Los Angeles, California, where most Kings home games are played. The arbitrator’s decision shall be obtained on final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Guests and our employees, affiliated companies and vendors. You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the AAA website free right to arbitrate by doing so. Notwithstanding any other provision of charge at xxx.xxx.xxx; orthis Agreement, a copy if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the Rules can be obtained upon request to MSUFCU’s Legal department. Either you class action waiver and prohibition against class arbitration is deemed invalid or we may elect to resolve a particular Claim through arbitrationunenforceable, even if one it shall not invalidate the remaining portions of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT)this Arbitration Agreement. This Arbitration Agreement shall be interpreted and enforced in accordance with will survive the Federal Arbitration Act set forth in Title 9 termination of the U.S. Code this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the fullest extent possiblepermitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, notwithstanding any state law BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the contrarydate you sign this Agreement. You must send your request by calling 000.XXXXX.XX (546.4752) or sending an e-mail to: xxxxxxxxxxxx@xxxxxxx.xxx. The request must include your full name, regardless of address, account number, and the origin or nature of statement “I reject the Claims at issue. This Arbitration Agreement does not prevent contained in my season ticket agreement.” If you from submitting any issue relating exercise the right to your accounts for review or consideration by a federalreject arbitration, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration the other terms of this Agreement shall remain in full force and effect as if you had not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actrejected arbitration.

Appears in 2 contracts

Samples: Automatic Payment Agreement, nhl.bamcontent.com

Arbitration Agreement. You and MSUFCU agree to that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have First County Bank has provided, will provide or will provide, or have has offered to provide to you, and/or any aspect of your relationship with MSUFCU First County bank (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any First County Bank branch upon request to MSUFCU’s Legal departmentrequest. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement evidences a contract in interstate commerce and shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) shall survive each of the closing of your account, the termination or our relationship with you, and any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) bankruptcy to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actextent consistent with applicable bankruptcy law.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

Arbitration Agreement. You Unless prohibited by federal law, you and MSUFCU we agree to attempt to informally settle arbitrate any and all claims and disputes arising out of, affecting, or relating in any way to your accounts, this Agreement or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship parties’ dealings with MSUFCU one another (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all except for Claims that are threatenedconcerning the validity, made, filed scope or initiated after the Effective Date (defined below) enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and Waiver of Class Action provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“Arbitration AgreementFAA”), even if the Claims arise out of, affect and not by state law. In any claim or relate dispute to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you or we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in accordance effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778- 7879 or visiting xxx.xxx.xxx. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. The arbitration shall take place in Los Angeles, California. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to Guests and our employees, affiliated companies and vendors. You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with its applicable rules respect to such claim (and procedures for consumer disputes (“Rules”that determination becomes final after all appeals have been exhausted), whether such Claims are in contract, tort, statute, or otherwise. The Rules can the claim for public injunctive relief will be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation determined in court related and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration individual relief has been entered in court. AS A RESULTIn no event will a claim for public injunctive relief be arbitrated. If any other portion of this Arbitration Agreement is deemed invalid or unenforceable, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT)it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement shall be interpreted and enforced in accordance with will survive the Federal Arbitration Act set forth in Title 9 termination of the U.S. Code this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the fullest extent possiblepermitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, notwithstanding any state law BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the contrarydate you enter into this Agreement. You must send your request by calling 0.000.000.0000 or sending an e-mail to: xxxxxxxxxxxxxxx@xxxxxxxx.xxx. The request must include your full name, regardless of address, account number, and the origin or nature of statement “I reject the Claims at issue. This Arbitration Agreement does not prevent contained in my season ticket agreement.” If you from submitting any issue relating exercise the right to your accounts for review or consideration by a federalreject arbitration, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration the other terms of this Agreement shall remain in full force and effect as if you had not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actrejected arbitration.

Appears in 2 contracts

Samples: Automatic Payment Agreement, Automatic Payment Agreement

Arbitration Agreement. You and MSUFCU agree Except to attempt to informally settle the extent that they may be resolved through small claims court or as set forth in the “Miscellaneous” section below, any and all disputes arising out ofClaims, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU regardless whether they (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined belowa) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect affect, or relate to conduct that occurred prior to the Effective DateDate of the Agreement, or (b) are in contract, tort, statute, or otherwise, shall, at the election of either you or us, be resolved by confidential and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal departmentarbitration. Either you or we may elect to resolve a particular Claim any and all Claims through arbitration, even if one of us has already initiated litigation in court related to the Claimsuch Claim(s), by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or and/or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM ANY CLAIM(S) THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT CLAIMS, RIGHTS, AND POSITIONS AS TO SUCH CLAIM(S) (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTIONexcept for a claim brought individually within small claims court jurisdiction, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURTso long as the claim remains in small claims court). The parties shall mutually agree that the arbitration be administered by either the American Arbitration Association (“AAA”) or JAMS, in accordance with the AAA or JAMS rules and procedures, respectively, then in effect and applicable to the type of dispute at issue (“the Rules”). The Rules can be obtained free of charge from AAA (xxx.xxx.xxx) or from JAMS (xxx.xxxxxxx.xxx). In the event of an inconsistency or conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency or conflict. If the parties cannot mutually agree on either AAA or JAMS, then you shall select either AAA or JAMS to administer the arbitration, in accordance with that forum’s applicable Rules. You may not elect to have the Claims resolved in court. If you do not select either AAA or JAMS within thirty days of the date that we inform you that the parties cannot mutually agree on an arbitration forum, then we will select either AAA or JAMS to administer the arbitration. Any party that fails to submit to arbitration following a proper demand to do so shall bear and agrees to pay all costs and expenses, including reasonable attorneys’ fees, incurred to compel arbitration. Such party shall bear and agrees to pay such costs and expenses (1) even if such party otherwise prevails, in whole or in part, on the Claim(s); and (2) notwithstanding any other provision of this Arbitration Agreement. This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. You and we agree that, by virtue of your relationship with us and the products or services we have provided, will provide, or have offered to provide to you, we are participating in transactions involving the movement of money or goods among states. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.

Appears in 1 contract

Samples: Deposit Account Disclosures

Arbitration Agreement. You and MSUFCU agree ‌ Except to attempt to informally settle the extent that they may be resolved through small claims court or as set forth in the “Miscellaneous” section below, any and all disputes arising out ofClaims, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU regardless whether they (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined belowa) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect affect, or relate to conduct that occurred prior to the Effective DateDate of the Agreement, or (b) are in contract, tort, statute, or otherwise, shall, at the election of either you or us, be resolved by confidential and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal departmentarbitration. Either you or we may elect to resolve a particular Claim any and all Claims through arbitration, even if one of us has already initiated litigation in court related to the Claimsuch Claim(s), by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or and/or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM ANY CLAIM(S) THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT CLAIMS, RIGHTS, AND POSITIONS AS TO SUCH CLAIM(S) (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTIONexcept for a claim brought individually within small claims court jurisdiction, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURTso long as the claim remains in small claims court). The parties shall mutually agree that the arbitration be administered by either the American Arbitration Association (“AAA”) or JAMS, in accordance with the AAA or JAMS rules and procedures, respectively, then in effect and applicable to the type of dispute at issue (“the Rules”). The Rules can be obtained free of charge from AAA (xxx.xxx.xxx) or from JAMS (xxx.xxxxxxx.xxx). In the event of an inconsistency or conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency or conflict. If the parties cannot mutually agree on either AAA or JAMS, then you shall select either AAA or JAMS to administer the arbitration, in accordance with that forum’s applicable Rules. You may not elect to have the Claims resolved in court. If you do not select either AAA or JAMS within thirty days of the date that we inform you that the parties cannot mutually agree on an arbitration forum, then we will select either AAA or JAMS to administer the arbitration. Any party that fails to submit to arbitration following a proper demand to do so shall bear and agrees to pay all costs and expenses, including reasonable attorneys’ fees, incurred to compel arbitration. Such party shall bear and agrees to pay such costs and expenses (1) even if such party otherwise prevails, in whole or in part, on the Claim(s); and (2) notwithstanding any other provision of this Arbitration Agreement. This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. You and we agree that, by virtue of your relationship with us and the products or services we have provided, will provide, or have offered to provide to you, we are participating in transactions involving the movement of money or goods among states. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.

Appears in 1 contract

Samples: Deposit Account Disclosures

Arbitration Agreement. You Claims Subject to Arbitration: Xxxxxx and MSUFCU you agree to attempt to informally settle any and arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of, affecting, of or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your the relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or between us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are based in contract, tort, statutefraud, misrepresentation or otherwiseany other statutory or common-law legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury not arising out of physical bodily injury; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. The Rules can be obtained on the AAA website free References to "Warner," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of charge at xxx.xxx.xxx; or, a copy content as of the Rules can be obtained upon request time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Service under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to MSUFCU’s Legal departmenta court of general jurisdiction. Either This arbitration agreement does not preclude you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related from bringing issues to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 attention of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entityagencies. Such agencies can, nor does it prevent such agency or entity from seeking if the law allows, seek relief against us on your behalf. This Arbitration Agreement shall not apply You agree that, by entering into this Agreement, you and we are each waiving the right to claims that are initiated a trial by jury or to participate in or transferred to small claims courta class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line Act governs the interpretation and enforcement of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actthis provision. This arbitration provision shall survive termination of this Agreement.

Appears in 1 contract

Samples: Entire Agreement

Arbitration Agreement. You and MSUFCU agree to attempt to informally settle It is agreed that any and all disputes controversy, claim or dispute between or among the Manufacturer, homeowner, independent dealer, finance company or any other person or entity arising out of, affecting, from or relating to your accountsthe Manufactured Home, its sales, transportation, setup, repair, installation, use, design, manufacture, financing, insurance, any other condition, the manufacturer’s limited warranty, any contract or any alleged promise, representation, agreement or instrument relating to or delivered in connection with the Manufactured Home, or any alleged breach thereof, and any claim based on or arising from al alleged tort or claim of any kind whatsoever, including any claim relating to the products validity or services we have providedthis arbitration provision [collectively “Claim(s)”], or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as and if the “Claims”). If that Claim(s) cannot be doneresolved through direct discussions or negotiations, - and unless the parties otherwise agree on a different mediation or arbitration process – then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined belowClaim(s) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, first shall be resolved by binding arbitration mediated as administered by the American Arbitration Association (“AAA”) under its applicable mediation Rules before resorting to binding arbitration. Thereafter, any unresolved Claim(s) shall be settled by binding arbitration administered by the AAA in accordance with its applicable rules and procedures Rules for consumer disputes (“Rules”Claim(s), whether such Claims are and any judgment on the award rendered by the arbitrator(s) may be entered in contract, tort, statute, or otherwiseany Court having jurisdiction thereof. The Rules can parties reserve their rights to resolve the Claim(s) in an applicable small claims court for disputes or Claim(s) within the scope of the small claims court’s jurisdiction. The assessment of all fees and expenses of the mediation or arbitration shall be obtained governed by the applicable rules of the AAA, unless otherwise agreed by the parties. Moreover, each party shall bear the expense of its own counsel, experts, witnesses and other costs, including preparation and presentation of proofs, subject to re- apportionment based on applicable laws of the AAA website free jurisdiction in which the Claim(s) is heard. All mediation or arbitration proceedings shall be conducted in the jurisdiction of charge the original retail sale of the home or at xxx.xxx.xxx; orany other place selected by agreement of all parties. IT IS AGREED AND UNDERSTOOD THAT THE PARITES ARE KNOWINGLY GIVING UP AND WAIVING CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, a INCLUDING WAIVING OF A TRIAL BY JURY. This arbitration provision is part of the manufacturer’s limited warranty for the Manufactured Home and shall be binding on and inure to the benefit of the parties’ respective heirs and assigns. A copy of the applicable Rules can be obtained of the AAA is available upon request to MSUFCU’s Legal department. Either you by contracting the American Arbitration Association at the following address: 0000 Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000 or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a000) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party000-0000, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actxxx.xxx.xxx.

Appears in 1 contract

Samples: Arbitration Agreement

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Arbitration Agreement. You and MSUFCU agree to attempt to informally settle any and all disputes IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT, YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS. Any claim or dispute (“Claim”) by either you or us against the other arising out of, affecting, from or relating in any way to your accountsaccount, this Agreement or any transaction conducted with the products Bank or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shallits affiliates will, at the election of either you or us, be resolved by binding arbitration. This arbitration provision governs all Claims, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory; and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory, or equitable relief. Claims subject to this arbitration provision include Claims regarding the applicability of this provision or the validity of this or any prior agreement. As used in this arbitration provision, the term “Claim” is to be given the broadest possible meaning, and includes past, present, and/or future Claims. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action only. This means that even if a demand for class arbitration, class action lawsuit or other representative action, including a private attorney general action, is filed; any Claim related to the issues of such lawsuits will be subject to individual arbitration. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders, or otherwise. Notwithstanding this arbitration provision, if you have a Claim that is within the jurisdiction of the small claims court, you may file your Claim there. Any appeal from a decision of a small claims court shall be subject to this arbitration provision. The arbitration, including the selection of the arbitrator, shall be administered by the American Arbitration Association (“AAA”) ), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer-Related Disputes. To start arbitration, you or we must give notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in accordance with its applicable papers or motions in the lawsuit. Our notice to you may be provided to you at your last known address or at such other address as we may have in our records. Your notice to us shall be given to: Arbitration Administrator, BB&T Xxxxx Xxxxxxxxxx, X.X. Xxx 0000, Xxxxxxx-Xxxxx, XX 00000. All fees and costs are allocated pursuant to the rules of the AAA. The arbitrator may award any fees, cost, and expenses including attorney’s fees, as permitted by the administrator’s rules. If there is a conflict between the rules and procedures for consumer disputes (“Rules”)of the administrator and any term in this arbitration provision, whether such the terms of this arbitration provision shall prevail. You or the Bank may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claims are pending in contract, tort, statute, any court. Such a motion or otherwiseaction may be brought at any time. The Rules can failure to initiate or request arbitration at the beginning of a dispute or claim shall not be obtained on construed as a waiver of the AAA website free of charge at xxx.xxx.xxx; or, right to arbitration. You may obtain a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through current rules of the arbitration administrator, including information about arbitration, even if one of us has already initiated litigation in court related to the Claimfees, by: (a) making written demand and instructions for arbitration upon the other party, (b) initiating arbitration against by contacting the other partyAmerican Arbitration Association, or (c) filing a motion to compel arbitration 000 Xxxxxxx Xxxxxx, Xxxxx 10, and Xxx Xxxx XX 00000. Phone: 000-000-0000. Web site: xxx.xxx.xxx. You and the Bank each agree that under this Agreement, you and the Bank are participating in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement transactions involving interstate commerce which shall be interpreted and enforced in accordance with governed by the provisions of the Federal Arbitration Act set forth in Act, Title 9 of the U.S. United States Code to the fullest extent possible, notwithstanding (“FAA”) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the contraryextent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all available remedies, including without limitation, damages (to the extent not limited by this Agreement), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall follow rules of procedure and evidence consistent with the FAA, this provision, and the administrator’s rules. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the cost of appeal, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the origin cost of your appeal. We will pay any fees or nature expenses we are required by law to pay or in order to make this arbitration provision enforceable. This arbitration provision shall survive termination or suspension of the Claims at issueAccount or this Agreement. This Arbitration Agreement does not prevent you from submitting If any issue relating to your accounts for review portion of this arbitration provision is deemed invalid or consideration by a federalunenforceable, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply invalidate the remaining portions of this arbitration provision or Agreement; provided, however, if the limitations on class actions are struck in a proceeding brought on a class, representative or private attorney general basis, without impairing the right to claims that are initiated appeal such decision, this entire arbitration provision (other than this proviso) shall be null and void in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actsuch proceeding.

Appears in 1 contract

Samples: General Legal Agreement

Arbitration Agreement. You and MSUFCU agree to attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.;

Appears in 1 contract

Samples: Electronic Funds Transfer Agreement

Arbitration Agreement. You and MSUFCU FPCU agree to attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU FPCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCUFPCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the tothe Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS UNDERTHIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the tothe fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.

Appears in 1 contract

Samples: www.myfpcu.com

Arbitration Agreement. You and MSUFCU FPCU agree to attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU FPCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCUFPCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand writtendemand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS UNDERTHIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.

Appears in 1 contract

Samples: www.myfpcu.com

Arbitration Agreement. You and MSUFCU agree to attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Act.apply

Appears in 1 contract

Samples: Electronic Funds Transfer Agreement

Arbitration Agreement. You and MSUFCU agree to attempt to informally settle any and all disputes IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT, YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS. Any claim or dispute (“Claim”) by either you or us against the other arising out of, affecting, from or relating in any way to your accountsaccount, this Agreement or any transaction conducted with the products Bank or services we have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shallits affiliates will, at the election of either you or us, be resolved by binding arbitration. This arbitration provision governs all Claims, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory; and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory, or equitable relief. Claims subject to this arbitration provision include Claims regarding the applicability of this provision or the validity of this or any prior agreement. As used in this arbitration provision, the term “Claim” is to be given the broadest possible meaning, and includes past, present, and/or future Claims. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action only. This means that even if a demand for class arbitration, class action lawsuit or other representative action, including a private attorney general action, is filed; any Claim related to the issues of such lawsuits will be subject to individual arbitration. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third-party claims, inter-pleaders, or otherwise. Notwithstanding this arbitration provision, if you have a Claim that is within the jurisdiction of the small claims court, you may file your Claim there. Any appeal from a decision of a small claims court shall be subject to this arbitration provision. The arbitration, including the selection of the arbitrator, shall be administered by the American Arbitration Association (“AAA”) ), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer-Related Disputes. To start arbitration, you or we must give notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in accordance with its applicable papers or motions in the lawsuit. Our notice to you may be provided to you at your last known address or at such other address as we may have in our records. Your notice to us shall be given to: Arbitration Administrator, BB&T Xxxxx Xxxxxxxxxx, X.X. Xxx 0000, Xxxxxxx-Xxxxx, XX 00000. All fees and costs are allocated pursuant to the rules of the AAA. The arbitrator may award any fees, cost, and expenses including attorney’s fees, as permitted by the administrator’s rules. If there is a conflict between the rules and procedures for consumer disputes (“Rules”)of the administrator and any term in this arbitration provision, whether such the terms of this arbitration provision shall prevail. You or the Bank may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claims are pending in contract, tort, statute, any court. Such a motion or otherwiseaction may be brought at any time. The Rules can failure to initiate or request arbitration at the beginning of a dispute or claim shall not be obtained on construed as a waiver of the AAA website free of charge at xxx.xxx.xxx; or, right to arbitration. You may obtain a copy of the Rules can be obtained upon request to MSUFCU’s Legal department. Either you or we may elect to resolve a particular Claim through current rules of the arbitration administrator, including information about arbitration, even if one of us has already initiated litigation in court related to the Claimfees, by: (a) making written demand and instructions for arbitration upon the other party, (b) initiating arbitration against by contacting the other partyAmerican Arbitration Association, or (c) filing a motion to compel arbitration 000 Xxxxxxx Xxxxxx, Xxxxx 10, and Xxx Xxxx XX 00000. Phone: 000-000-0000. Web site: xxx.xxx.xxx. You and the Bank each agree that under this Agreement, you and the Bank are participating in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement transactions involving interstate commerce which shall be interpreted and enforced in accordance with governed by the provisions of the Federal Arbitration Act set forth in Act, Title 9 of the U.S. United States Code to the fullest extent possible, notwithstanding (“FAA”) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the contraryextent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all available remedies, including without limitation, damages (to the extent not limited by this Agreement), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall follow rules of procedure and evidence consistent with the FAA, this provision, and the administrator’s rules. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the cost of appeal, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the origin cost of your appeal. We will pay any fees or nature expenses we are required by law to pay or in order to make this arbitration provision enforceable. This arbitration provision shall survive termination or suspension of the Claims at issueAccount or this Agreement. This Arbitration Agreement does not prevent you from submitting If any issue relating to your accounts for review portion of this arbitration provision is deemed invalid or consideration by a federalunenforceable, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply invalidate the remaining portions of this arbitration provision or Agreement; provided, however, if the limitations on class actions are struck in a proceeding brought on a class, representative or private attorney general basis, without impairing the right to claims that are initiated appeal such decision, this entire arbitration provision (other than this proviso) shall be null and void in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered borrower as defined by the Military Lending Actsuch proceeding.

Appears in 1 contract

Samples: General Legal Agreement

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