Arbitration Proceedings. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including injunctive relief. The arbitrator shall follow the law and shall not be entitled to make errors of law. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum). However, you will be responsible for your own attorneys’ fees. The arbitrator shall be entitled to award attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable law. Any determination as to whether this arbitration provision is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdiction.
Appears in 3 contracts
Samples: www.1stsource.com, www.1stsource.com, www.1stsource.com
Arbitration Proceedings. The arbitration shall be conducted within fifty (50) miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 3 contracts
Samples: Agreements and Disclosures, Agreements and Disclosures, Agreements and Disclosures
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow the law relief under California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-non- privileged information to the fullest extent permitted under the Rulesrules. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver class action waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 3 contracts
Samples: Valley First, Valley First, Credit Union Cardholder Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitrator’s Arbitrator's award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you You by the AAA (or the applicable arbitration forum)AAA. However, you You will be responsible for your Your own attorneys’ ' fees, unless You prevail on Your Claim in the arbitration, in which case, We will pay Your attorneys' fees. The arbitrator shall However, if the Credit Union prevails, then You will not be entitled required to award pay Our attorneys’ ' fees and costs if provided for under any agreement between you and the Bank or applicable lawcosts. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 3 contracts
Samples: Credit Line Account Agreement, Credit Line Account Agreement, Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-non- privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Samples: Overdraft Protection and Payassure Service Agreement, Overdraft Protection and Payassure Service Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow the law relief under California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief to the law extent available under the California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-non- privileged information to the fullest extent permitted under the Rules. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Samples: Cardholder Agreement and Disclosure, Cardholder Agreement and Disclosure
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in courtajudgment incourt. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court court, and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claimin the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted in the State of New Hampshire at a location to be determined by the Arbitrator. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow the law and shall not be entitled to make errors of lawrelief if available. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitratorArbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to . We will pay one-half of any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank shall pay for any filing, administration, and arbitrator fees all arbitration expenses imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you You will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the Credit Union prevails, then you will be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcosts. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitratorArbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Samples: f.hubspotusercontent00.net, f.hubspotusercontent00.net
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in courtajudgment incourt. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claimin the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you You by the AAA (or the applicable arbitration forum)AAA. However, you You will be responsible for your Your own attorneys’ attorney’s fees, unless You prevail on Your Claim in the arbitration, in which case, we will pay Your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then You will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 2 contracts
Samples: Rewards Program Agreement, Rewards Program Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law Texas Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: Membership and Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-non privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)JAMS. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: I. Introduction
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law and shall not be entitled to make errors of lawCalifornia Unfair Competition Law, Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank credit union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the credit union prevails, then you will not be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcosts. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: www.orangecountyscu.org
Arbitration Proceedings. The arbitration shall be conducted within fifty (50) miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court court, and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: Agreements and Disclosures
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow relief under the law California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-non- privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcosts. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including injunctive relief. The arbitrator shall follow the law and shall not be entitled to make errors of law. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, administration and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ fees, unless the arbitrator has issued a decision in your favor on your Claim after an arbitration hearing, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: Membership and Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow the law and shall not be entitled to make errors of lawrelief if available. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank credit union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. The arbitrator shall However, if the credit union prevails, then you will not be entitled required to award pay its attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcosts. Any determination as to whether this arbitration provision Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract
Samples: www.idealcu.com
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief. The arbitrator shall follow the law relief under California Unfair Competition Law and shall not be entitled to make errors of lawConsumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rulesrules. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Bank Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA (or the applicable arbitration forum)AAA. However, you will be responsible for your own attorneys’ attorney’s fees, unless you prevail on your claim in the arbitration, in which case, we will pay your attorney’s fees. The arbitrator shall However, if the Credit Union prevails, then you will not be entitled required to award pay our attorneys’ fees and costs if provided for under any agreement between you and the Bank or applicable lawcost. Any determination as to whether this arbitration provision agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver class action waiver set forth below shall be determined by a court with proper jurisdictionthe Court.
Appears in 1 contract