Common use of Arbitration Disclosures Clause in Contracts

Arbitration Disclosures. You and MOIS are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the 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 twenty (20) days prior to the first scheduled hearing date. • The panel of arbitrators may 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 any arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. • Arbitration Agreement. You agree that all controversies which may arise with MOIS or Pershing and their affiliates, representatives, agents, employees, associated persons, directors and officers concerning any services or other business transaction with MOIS or Pershing including the construction, performance or breach of this or any other agreement between MOIS or Pershing (whether entered into prior, or subsequent to the date hereof) shall be determined by arbitration only before FINRA according to FINRA’s Code of Arbitration Procedures. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate. The laws of the State of Nebraska will apply in all respects, including but not limited to determination of applicable statutes of limitation, statutes of repose and available remedies. Nebraska law shall be applied without regard to the State’s principles of conflicts of law. The decision or award of the arbitrator or a majority of them shall be final, and judgment on the award may be entered in any state or federal court having jurisdiction. No party to this Agreement 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 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 the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. • SIPC Notice. MOIS is a member of the Securities Investor Protection Corporation (“SIPC”). You may obtain information about SIPC, including the SIPC brochure by contacting SIPC at 202-371-8300 or online at xxx.XXXX.xxx. • Not a Bank or FDIC Insured or Offered by the U.S. Government. MOIS is not a bank or credit union. Even if you purchase or sell securities or other investment products at an MOIS branch located on the premises of a bank or credit union, such securities or other investment products are not insured by the FDIC; are not deposits or otherwise obligations of the bank or credit union; and are subject to investment risk, including risk of loss of investment principal. Similarly, in the event your representative conducts business in a facility located on a military base or installation, the securities or other investment products are not being offered on behalf of the U.S. Government and the offer is not sanctioned, recommended or encouraged by the U.S. Government.

Appears in 2 contracts

Samples: Mois Customer Agreement, Mois Customer Agreement

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Arbitration Disclosures. You This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: Account(s) carried by First Clearing. First Clearing is a trade name used by Xxxxx Fargo Clearing Services, LLC, a registered broker-dealer and MOIS non-bank affiliate of Xxxxx Fargo & Company. • All of the parties to this Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a the 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 twenty (20) at least 20 days prior to the first scheduled hearing date. • The panel of arbitrators may typically will 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 any the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. • Arbitration Agreement. You agree that all controversies which may arise with MOIS or Pershing and their affiliates, representatives, agents, employees, associated persons, directors and officers concerning any services or other business transaction with MOIS or Pershing including the construction, performance or breach of this or any other agreement between MOIS or Pershing (whether entered into prior, or subsequent to the date hereof) shall be determined by arbitration only before FINRA according to FINRA’s Code of Arbitration Procedures. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate. The laws of the State of Nebraska will apply in all respects, including but not limited to determination of applicable statutes of limitation, statutes of repose and available remedies. Nebraska law shall be applied without regard to the State’s principles of conflicts of law. The decision or award of the arbitrator or a majority of them shall be final, and judgment on the award may be entered in any state or federal court having jurisdiction. No party to this Agreement 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 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 the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. • SIPC Notice. MOIS is a member of the Securities Investor Protection Corporation (“SIPC”). You may obtain information about SIPC, including the SIPC brochure by contacting SIPC at 202-371-8300 or online at xxx.XXXX.xxx. • Not a Bank or FDIC Insured or Offered by the U.S. Government. MOIS is not a bank or credit union. Even if you purchase or sell securities or other investment products at an MOIS branch located on the premises of a bank or credit union, such securities or other investment products are not insured by the FDIC; are not deposits or otherwise obligations of the bank or credit union; and are subject to investment risk, including risk of loss of investment principal. Similarly, in the event your representative conducts business in a facility located on a military base or installation, the securities or other investment products are not being offered on behalf of the U.S. Government and the offer is not sanctioned, recommended or encouraged by the U.S. Government.:

Appears in 1 contract

Samples: s3.amazonaws.com

Arbitration Disclosures. You This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: Account(s) carried by First Clearing. First Clearing is a trade name used by Xxxxx Fargo Clearing Services, LLC, a registered broker-dealer and MOIS non-bank affiliate of Xxxxx Fargo & Company. • All of the Parties to this Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a the claim is filed. • Arbitration awards are generally final and binding; a partyParty’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties 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 twenty (20) at least 20 days prior to the first scheduled hearing date. • The panel of arbitrators may typically will 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 any the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. • Arbitration Agreement. You agree that all controversies which may arise with MOIS or Pershing and their affiliates, representatives, agents, employees, associated persons, directors and officers concerning any services or other business transaction with MOIS or Pershing including the construction, performance or breach of this or any other agreement between MOIS or Pershing (whether entered into prior, or subsequent to the date hereof) shall be determined by arbitration only before FINRA according to FINRA’s Code of Arbitration Procedures. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate. The laws of the State of Nebraska will apply in all respects, including but not limited to determination of applicable statutes of limitation, statutes of repose and available remedies. Nebraska law shall be applied without regard to the State’s principles of conflicts of law. The decision or award of the arbitrator or a majority of them shall be final, and judgment on the award may be entered in any state or federal court having jurisdiction. No party to this Agreement 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 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 the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. • SIPC Notice. MOIS is a member of the Securities Investor Protection Corporation (“SIPC”). You may obtain information about SIPC, including the SIPC brochure by contacting SIPC at 202-371-8300 or online at xxx.XXXX.xxx. • Not a Bank or FDIC Insured or Offered by the U.S. Government. MOIS is not a bank or credit union. Even if you purchase or sell securities or other investment products at an MOIS branch located on the premises of a bank or credit union, such securities or other investment products are not insured by the FDIC; are not deposits or otherwise obligations of the bank or credit union; and are subject to investment risk, including risk of loss of investment principal. Similarly, in the event your representative conducts business in a facility located on a military base or installation, the securities or other investment products are not being offered on behalf of the U.S. Government and the offer is not sanctioned, recommended or encouraged by the U.S. Government.:

Appears in 1 contract

Samples: pinnacleinvestments.com

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Arbitration Disclosures. You and MOIS are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the 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 twenty (20) days prior to the first scheduled hearing date. • The panel of arbitrators may 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 any arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. • Arbitration Agreement. You agree that all controversies which may arise with MOIS or Pershing and their affiliates, representatives, agents, employees, associated persons, directors and officers concerning any services or other business transaction with MOIS or Pershing including the construction, performance or breach of this or any other agreement between MOIS or Pershing (whether entered into prior, or subsequent to the date hereof) shall be determined by arbitration only before FINRA according to FINRA’s Code of Arbitration Procedures. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate. The laws of the State of Nebraska will apply in all respects, including but not limited to determination of applicable statutes of limitation, statutes of repose and available remedies. Nebraska law shall be applied without regard to the State’s principles of conflicts of law. The decision or award of the arbitrator or a majority of them shall be final, and judgment on the award may be entered in any state or federal court having jurisdiction. No party to this Agreement 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 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 the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. • SIPC Notice. MOIS is a member of the Securities Investor Protection Corporation (“SIPC”). You may obtain information about SIPC, including the SIPC brochure by contacting SIPC at 202000-371000-8300 0000 or online at xxx.XXXX.xxx. • Not a Bank or FDIC Insured or Offered by the U.S. Government. MOIS is not a bank or credit union. Even if you purchase or sell securities or other investment products at an MOIS branch located on the premises of a bank or credit union, such securities or other investment products are not insured by the FDIC; are not deposits or otherwise obligations of the bank or credit union; and are subject to investment risk, including risk of loss of investment principal. Similarly, in the event your representative conducts business in a facility located on a military base or installation, the securities or other investment products are not being offered on behalf of the U.S. Government and the offer is not sanctioned, recommended or encouraged by the U.S. Government.

Appears in 1 contract

Samples: Mois Customer Agreement

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