Common use of Arbitration and Class Action Waiver Agreement Clause in Contracts

Arbitration and Class Action Waiver Agreement. NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. IF YOU SIGN OR AGREE TO THIS AGREEMENT, YOU MAY BE COMPELLED TO SUBMIT ANY DISPUTE UNDER THIS AGREEMENT TO MANDATORY BINDING ARBITRATION. HOWEVER, BY SIGNING OR AGREEING TO THIS AGREEMENT, YOU DO NOT WAIVE YOUR RIGHT TO OBTAIN A JUDICIAL DETERMINATION OF WHETHER A PARTICULAR DISPUTE IS ▇▇▇▇▇▇▇▇▇▇.▇▇ SIGNING OR AGREEING TO THIS AGREEMENT WITH AN ARBITRATION CLAUSE, YOU WILL BE OR MAY BE LIMITING OR WAIVING YOUR RIGHTS TO (1) HAVE A DISPUTE UNDER THE AGREEMENT RESOLVED IN A COURT OF LAW, EVEN WHERE THE AGREEMENT WITH THE ARBITRATION CLAUSE IS VOID OR VOIDABLE DUE TO REPUDIATION, RESCISSION, FRAUD, DURESS, MISTAKE, OR OTHER GROUNDS; (2) APPEAL THE ARBITRATOR'S DECISION TO A COURT OF LAW; (3) EXERCISE STATUTORY REMEDIES, SUCH AS A LIEN, INJUNCTION, OR CLAIM FOR DAMAGES; (4) HAVE THE DISPUTE DECIDED BY A DECISION MAKER WITH APPROPRIATE TRAINING TO DECIDE THE DISPUTE; (5) USE DISCOVERY AND OTHER EVIDENCE-GATHERING PROCEDURES OTHERWISE AVAILABLE IN AN ACTION BEFORE A COURT OF LAW; (6) OBTAIN A DECISION CONSISTENT WITH THE LAW AND THE FACTS; (7) OBTAIN A WRITTEN STATEMENT OF THE LEGAL AND FACTUAL BASES OF THE DECISION; (8) RECOVER PUNITIVE DAMAGES IF THE PARTIES' AGREEMENT OR ARBITRATION AGREEMENT EXPRESSLY EXCLUDES A RIGHT TO RECOVER PUNITIVE DAMAGES; (9) RECOVER ATTORNEY FEES AND COSTS. RESOLUTION OF DISPUTES BY ARBITRATION: THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR DEPOSIT ACCOUNTS AND RELATED ELECTRONIC FINANCIAL SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT CERTAIN DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT.

Arbitration and Class Action Waiver Agreement. NOTICE: THIS AGREEMENT INCLUDES TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED MASS, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE A.A.A. RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES’ DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS, AND, ACCORDINGLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION CLAUSEPROCEEDING. IF YOU SIGN A COURT OR AGREE TO THIS AGREEMENT, YOU MAY BE COMPELLED TO SUBMIT ARBITRATOR DECIDES THAT ANY DISPUTE UNDER PART OF THIS AGREEMENT TO MANDATORY BINDING ARBITRATION. HOWEVER, BY SIGNING OR AGREEING ARBITRATE CANNOT BE ENFORCED AS TO THIS AGREEMENT, YOU DO NOT WAIVE YOUR RIGHT TO OBTAIN A JUDICIAL DETERMINATION OF WHETHER A PARTICULAR DISPUTE IS ▇▇▇▇▇▇▇▇▇▇.▇▇ SIGNING CLAIM FOR RELIEF OR AGREEING REMEDY (SUCH AS INJUNCTIVE RELIEF), THEN, TO THIS AGREEMENT WITH AN ARBITRATION CLAUSE, YOU WILL BE OR MAY BE LIMITING OR WAIVING YOUR RIGHTS TO (1) HAVE A DISPUTE UNDER THE AGREEMENT RESOLVED IN A COURT OF MAXIMUM EXTENT PERMITTED BY LAW, EVEN WHERE THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND MUST BE STAYED PENDING ARBITRATION OF THE AGREEMENT ARBITRABLE CLAIMS AND REMEDIES. THE PARTIES FURTHER AGREE THAT IF SUCH STAY IS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE ARBITRATION CLAUSE IS VOID GOVERNING LAW, JURISDICTION, AND VENUE IN MARICOPA COUNTY, STATE OF ARIZONA. CLASS ACTION WAIVER AGREEMENT: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR VOIDABLE DUE TO REPUDIATIONCOUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, RESCISSIONCOLLECTIVE, FRAUDCONSOLIDATED, DURESS, MISTAKEMASS, OR OTHER GROUNDS; (2) APPEAL THE ARBITRATOR'S DECISION TO A COURT OF LAW; (3) EXERCISE STATUTORY REMEDIES, SUCH AS A LIEN, INJUNCTION, OR CLAIM FOR DAMAGES; (4) HAVE THE DISPUTE DECIDED BY A DECISION MAKER WITH APPROPRIATE TRAINING TO DECIDE THE DISPUTE; (5) USE DISCOVERY AND OTHER EVIDENCE-GATHERING PROCEDURES OTHERWISE AVAILABLE IN AN ACTION BEFORE A COURT OF LAW; (6) OBTAIN A DECISION CONSISTENT WITH THE LAW AND THE FACTS; (7) OBTAIN A WRITTEN STATEMENT OF THE LEGAL AND FACTUAL BASES OF THE DECISION; (8) RECOVER PUNITIVE DAMAGES IF THE PARTIES' AGREEMENT OR ARBITRATION AGREEMENT EXPRESSLY EXCLUDES A RIGHT TO RECOVER PUNITIVE DAMAGES; (9) RECOVER ATTORNEY FEES AND COSTS. RESOLUTION OF DISPUTES BY ARBITRATION: THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR DEPOSIT ACCOUNTS AND RELATED ELECTRONIC FINANCIAL SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT CERTAIN DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURTREPRESENTATIVE PROCEEDING, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE WITHOUT LIMITATION SUCH PROCEEDINGS BROUGHT IN A CLASS ACTION FEDERAL OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN STATE COURT.