Common use of Arbitration Clause in Contracts

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

Appears in 66 contracts

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

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

Appears in 29 contracts

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

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

Appears in 14 contracts

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

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

Appears in 12 contracts

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

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

Appears in 10 contracts

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

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

Appears in 8 contracts

Samples: Carefully, Carefully, Carefully

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

Appears in 7 contracts

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

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

Appears in 7 contracts

Samples: Rental Agreement, Rental Agreement, Rental Agreement

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

Appears in 7 contracts

Samples: Electronic Disclosure Agreement, Electronic Disclosure Agreement, Electronic Disclosure Agreement

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

Appears in 6 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

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

Appears in 5 contracts

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

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

Appears in 5 contracts

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

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

Appears in 5 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

Samples: Important – Please Read, s3.amazonaws.com, www.legalhackathon.de

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 4 contracts

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

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

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

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

Appears in 3 contracts

Samples: Contract, Contract, Contract

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Oxygen Savings Account Agreement, Oxygen Savings Account Agreement, Oxygen Savings Account Agreement

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

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

Appears in 2 contracts

Samples: Advance Account Agreement, Advance Account Agreement

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Storage and Handling Agreement, Storage and Handling Agreement

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Member Application and Agreement, Member Application and Agreement

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Contract, Contract

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

Appears in 2 contracts

Samples: Product Rental Agreement, Product Rental Agreement

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

Appears in 2 contracts

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

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSRead the following arbitration provision carefully. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingIt limits certain rights, You have the including your right to opt out of this agreement obtain relief or damages through court action. To begin Arbitration, either you or we must make a written demand to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration other party for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that Arbitration will take place before a single arbitrator. It will be administered in keeping with the transaction evidenced by this Agreement affects interstate commerce and Expedited Procedures of the Federal Consumer Arbitration Act Rules (“ActRules”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association ("AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code ") in effect at when the time the arbitration claim is commenced. You have a right to attend the arbitration hearing in personfiled. You may choose get a copy of these AAA's Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 or visiting xxx.xxx.xxx. We will advance to have any you all or part of the fees of the AAA and of the arbitrator. Unless you and we agree otherwise, the arbitration hearing held will take place in the county in which and state where you live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up your right to go to court on any claim covered by this provision. You live, the closest AAA location to Your residencealso agree that any arbitration proceeding will only consider your Claims. Claims by, or via telephoneon behalf of, other individuals will not be arbitrated in any proceeding that is considering your Claims. For information about how to initiate arbitration with the AAA, the Parties shall Please refer to the AAA Code STATE SPECIFIC EXCEPTIONS section of this Agreement for any added requirements in your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and forms we specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. In addition to the provisions above, the following Protection Plans also include the following coverage benefits and limitations: MASTER PROTECTION AGREEMENT (“MPA”) SERVICE PROMISE. In the event that we do not repair your Covered laundry, kitchen or HVAC Product on our first (1st) in-home repair attempt and you will be without the use of your Covered Product, we will provide you with a one time rental reimbursement or allowance up to $50 at xxx.xxx.xxx or call (800) 778–7879our sole discretion. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESTo file a claim go to xxx.xxxxxxxxxxxxxxxxx.xxx.

Appears in 2 contracts

Samples: Protection Agreement Terms and Conditions, Protection Agreement Terms and Conditions

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding The parties hereto agree that to the foregoingextent permitted by law, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provisionarising out of, Yourelating to, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to connection with this Agreement, and including furtheror the interpretation, without limitationvalidity, Claims arising under contractconstruction, tortperformance, statutebreach, regulationor termination thereof, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered Executive’s employment by the American Arbitration Association (“AAA”). The Corporation or any termination thereof, will be settled by arbitration shall to be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before held at a singlelocation in Los Angeles, neutral arbitrator selected California in accordance with then applicable rules of JAMS specifically designed for the Code in effect resolution of employment disputes, which are available at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residencexxxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/english, or via telephonethose of Signature Resolution, which are available at xxxxx://xxxxxxxxxxxxxxxxxxx.xxx/wp-content/uploads/2019/08/Signature-Resolution-Arbitration-Rules-eff-09-10-18.pdf. For information about how to initiate arbitration with The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the AAAarbitrator will be final, conclusive and binding on the Parties shall refer parties to the AAA Code and forms at xxx.xxx.xxx or call arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The Corporation shall pay the costs associated with arbitration (800) 778–7879. Each Party is responsible for their own filing arbitration fee, arbitrator hourly fees, costs and expenses associated with an arbitrationlocation fee, including attorneys feesif any); provided, however, that each party shall bear its own legal fees and expenses. NOTHING HEREIN IS INTENDED THE EXECUTIVE AND THE CORPORATION UNDERSTAND THAT BY AGREEING TO ARBITRATE ANY ARBITRATION CLAIM, THEY WILL NOT HAVE THE RIGHT TO HAVE ANY ARBITRATION CLAIM DECIDED BY A JURY OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE A COURT, BUT SHALL INSTEAD HAVE ANY ARBITRATION CLAIM DECIDED THROUGH ARBITRATION. THE PARTIES AGREE EXECUTIVE AND ACKNOWLEDGE THAT THERE IS NO THE CORPORATION WAIVE ANY CONSTITUTIONAL OR OTHER RIGHT TO BRING CLAIMS COVERED BY THIS AGREEMENT OF ANY KIND BETWEEN OTHER THAN IN THEIR INDIVIDUAL CAPACITIES. EXCEPT AS MAY BE PROHIBITED BY LAW, THIS WAIVER INCLUDES THE PARTIES ABILITY TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU ASSERT CLAIMS AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL PLAINTIFF OR A CLASS MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF IN ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE PURPORTED CLASS OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESPROCEEDING.

Appears in 2 contracts

Samples: Employment Agreement (GoodRx Holdings, Inc.), Employment Agreement (GoodRx Holdings, Inc.)

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

Appears in 2 contracts

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

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSRead the following arbitration provision carefully. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingIt limits certain rights, You have the including Your right to opt out of this agreement obtain relief or damages through court action. To begin Arbitration, either You or We must make a written demand to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration other party for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that Arbitration will take place before a single arbitrator. It will be administered in keeping with the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each Expedited Procedures of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction Commercial Arbitration Rules ("Rules") of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association ("AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code ") in effect at when the time the arbitration claim is commenced. You have a right to attend the arbitration hearing in personfiled. You may choose get a copy of these AAA's Rules by contacting AAA at 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, calling 0 (000) 000-0000 or visiting xxx.xxx.xxx. The filing fees to have any begin and carry out arbitration hearing held will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, the arbitration will take place in the county in which and state where You live. The Federal Arbitration Act, the closest AAA location 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your residenceClaims. Claims by, or via telephoneon behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. For information about how to initiate arbitration with the AAA, the Parties shall Please refer to the AAA Code State Disclosures for any added requirements in Your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and forms at xxx.xxx.xxx We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESstruck.

Appears in 2 contracts

Samples: Xfinity Mobile Protection Plan Terms and Conditions, Xfinity Mobile Protection Plan Terms and Conditions

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

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Residential Lease Agreement, Residential Lease Agreement

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

Appears in 2 contracts

Samples: And Enrollment Agreement, And Enrollment Agreement

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: valleyfiber.ca, valleyfiber.ca

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Terms of Service, Terms of Service

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Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThis provision contains the terms of how a dispute between you and the Bank will be resolved. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONPlease read this provision carefully since it specifically limits your rights in the event of such dispute. Notwithstanding By this provision, at the foregoingrequest of you or the Bank, You have the right to opt out of this agreement to arbitrate disputes must be resolved by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreementarbitration. Arbitration is a method means of resolving any claimhaving an independent third party resolve a dispute without using the court system. With arbitration, there is no right to appeal the decision of the arbitrator as there is normally in the court system. BY THIS AGREEMENT YOU UNDERSTAND THAT EACH OF US IS WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Either of us may submit a dispute or controversy without filing a lawsuit. In concerning this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties Agreement to binding arbitration for resolutionat any reasonable time, notwithstanding that a lawsuit or other proceeding has been commenced. This Arbitration Provision sets forth the terms and conditions If either of our agreement us fails to submit to binding arbitration following a lawful demand, the one who fails to submit bears all costs and expenses incurred by the other compelling arbitration. The Parties agree and acknowledge that With the transaction evidenced by this Agreement affects interstate commerce and exception of any controversy or claim within the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claimsjurisdictional limits of California small claims court, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise controversy or claim arising out of or relating to this Agreement, and including furtheror the accounts covered by this Agreement, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The will be settled by arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its arbitration rules when the amount in controversy exceeds the amount subject to jurisdiction in small claims court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. All statutes of limitation and rules of law that would otherwise be applicable to this Agreement, including those provided in the California Commercial Code, shall apply to any arbitration proceeding. To the extent that there is any variance between the AAA Rules and this Agreement, this Agreement shall control. Arbitrators must have expertise in the substantive laws applicable to the subject matter of the dispute. You agree to take all steps, and execute all documents, necessary for the implementation of arbitration proceedings. This arbitration provision supersedes all prior arrangements and other communications concerning dispute resolution as to this Agreement. In the event more than one arbitration agreement entered into by us is potentially applicable to a dispute, the one most directly related to the account or transaction that is the subject of the dispute shall control. Nothing in this “Arbitration” Section shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. AUTHORIZED SIGNERS An authorized signer is someone to whom you give all rights you have now or in the future to make withdrawals and deposits, and to otherwise transact on your account and receive account information, however, the mere designation of an authorized signer does not convey ownership rights in the account to the non-owner authorized signer. Any one of the authorized signers may sign checks or withdrawal orders and give us instructions regarding the account, including an instruction to close the account. If there is a conflict in instructions, we reserve the right to require all authorized signers or account owners to sign an item, withdrawal order, or other instruction on the account. Even if the authorized signers on an account change, we may continue to honor checks, withdrawal orders, and other instructions by the authorized signers as shown on the signature card for the account until we are notified in writing not to do so by an account owner. Available Balance Mechanics Bank uses the following to determine the balance that is available to pay items to your account each day. First, we take your present balance, which is your balance at the end of the previous business day (also called your current or ledger balance). This will be the balance that appears on your Bank statement each day. Then, we add or subtract any transactions known to the Bank that you’ve made to your account today (e.g., deposits, debit card transactions, ATM withdrawals, and payments scheduled for today). It does not include any checks you may have written but have not yet been cashed. The remaining balance, less any holds placed on deposits, is your Available Balance (also called your collected balance). The arbitration shall Available Balance used for ATM and everyday debit card transactions on accounts with Standard Coverage is the ledger balance (previous day’s statement balance), plus deposits, less any holds on deposited funds, plus any available Overdraft Protection, but does NOT include the Overdraft Privilege limit. For accounts with Extended Coverage, your Overdraft Privilege limit will be governed pursuant considered when authorizing ATM and everyday debit card transactions. BUSINESS DAYS For the purpose of this Agreement, our business days are Monday through Friday, excluding Saturdays, Sundays, and federal holidays. CASH REPORTING REQUIREMENT The Bank Secrecy Act (“BSA”), a federal law, requires all financial institutions to report certain currency transactions to the AAA Consumer Arbitration Rules Financial Crimes Enforcement Network (the CodeFinCEN”). The arbitration In order to satisfy our BSA requirement, we may, and, in many cases must, request certain information about the individual presenting the transaction, as well as the organization or individual for whom the transaction is being conducted. This includes the individual’s/organization’s full name, permanent street address, social security number or other taxpayer identification number, identification number (such as a driver’s license or passport), date of birth (if applicable), and business, occupation or profession. If you or another person deposits cash to your account and are unwilling to provide information we request to fulfill our reporting duties, we will occur before a singlerefuse the transaction. CHANGE OF ACCOUNT OWNERSHIP, neutral arbitrator selected ADDRESS OR AUTHORIZED SIGNERS You agree to notify us immediately in accordance with the Code writing of any change in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liveyour name, the closest AAA location to Your residenceaddress, email address (if provided), or via telephoneauthorized signer(s) on your account. For information about how We may require a new signature card or other documentation before affecting any change in ownership or authorized signer(s) and we may rely on our account records to initiate arbitration with determine the AAAownership of your account. If the authorized signer(s) on your account changes, we may continue to honor items and instructions given earlier by any previously authorized signer(s) until we receive specific notice from you in writing not to do so (Note: a new or updated signature card, by itself, does not constitute notice to terminate any pre-existing payment or transfer plan). We do not change the Parties shall refer to mailing address of record we have for you if we receive an address change notice from the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879U.S. Postal Service. Each Party account holder is responsible for their own filing feesnotifying us of any address change. The address is changed only for the accounts you specify and does not affect your other account relationships with us unless you specify that you want the address changed for those accounts, costs as well. We are only required to attempt to communicate with you using the address you have provided to us. If sent statements or other Bank documents are returned indicating an incorrect address, and expenses associated with an arbitrationwe are not notified of the new address after 90 days, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISyou authorize us, BY YOU AS A REPRESENTATIVE OF OTHERSat our discretion, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESto block your account until we can verify your correct address.

Appears in 1 contract

Samples: Business Account Agreement

Arbitration. PLEASE READ Any dispute regarding the breach of this Agreement shall be decided by binding arbitration pursuant to the rules of the American Arbitration Association, and not by court action, except as otherwise provided in this Section or as allowed by California law for judicial review of arbitration proceedings. Judgment on the arbitration award may be entered in any court having jurisdiction. The Parties may conduct discovery in accordance with California Code of Civil Procedure. This provision shall not prohibit the Parties from filing a judicial action to enable the recording of a notice of pending action for order of attachment, receivership, injunction, or other provisional remedy. Venue for the resolution of any such dispute or disputes shall be in San Mateo County, California. BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTER INCLUDED IN THE ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION CAREFULLY IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE FUTURE RELATING ARBITRATION OF DISPUTES PROVISION TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING NEUTRAL ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.Provider City

Appears in 1 contract

Samples: Professional Services Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO UNDERSTAND YOUR RIGHTSARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SONNEN, INC. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONFor any dispute with sonnen, Inc. in connection with this Factory Limited Warranty, you agree to first contact us at xxxxxxx@xxxxxx-xxxxxxxx.xxx and attempt to resolve the dispute with us informally. Notwithstanding If the foregoingdispute has not been resolved after 90 days, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties we each agree to resolve such dispute through binding arbitration under the Optional Expedited Arbitration Procedures then in effect for the Judicial Arbitration and Mediation Services (“JAMS”). JAMS may be contacted at xxx.xxxxxxx.xxx. The existence, content and result of the arbitration shall be held in confidence by all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement participants. The arbitration will be conducted by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this a single arbitrator selected by agreement to arbitrate, each of the Parties retains or, failing such agreement, appointed in accordance with the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTJAMS rules. The arbitration shall be administered conducted in English and in Atlanta, Georgia. If you are using the Covered Products for commercial purposes, each Party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in their discretion, award reasonable costs and fees to the prevailing Party. If you are an individual using the Covered Products for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the American Arbitration Association arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (“AAA”)iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. The arbitration Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be governed pursuant deemed as preventing sonnen, Inc. from seeking injunctive or other equitable relief from the courts as necessary to prevent the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a singleactual or threatened infringement, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residencemisappropriation, or via telephone. For information about how to initiate arbitration with the AAAviolation of our data security, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx intellectual property rights or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESother proprietary rights.

Appears in 1 contract

Samples: media.sonnengroup.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES LENDXX XXX BORRXXXX XXXEE THAT ANY CLAIM ALL DISPUTES, CLAIMS AND CONTROVERSIES BETWEEN THEM, WHETHER INDIVIDUAL, JOINT, OR DISPUTE THAT YOU MAY HAVE CLASS IN THE FUTURE RELATING TO NATURE, ARISING FROM THIS AGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONTRACT AND YOUR DEALINGS WITH US MUST TORT DISPUTES, SHALL BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONARBITRATED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UPON REQUEST OF EITHER PARTY. Notwithstanding the foregoing, You have the right No act to opt out take or dispose of any Collateral shall constitute a waiver of this arbitration agreement to arbitrate or be prohibited by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionagreement. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherincludes, without limitation, Claims arising obtaining injunctive relief or a temporary restraining order; invoking a power of sale under contractany deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, tortincluding taking or disposing of such property with or without judicial process receiver; or exercising any rights relating to personal property, statute, regulation, rule, ordinance including taking or other rule disposing of law such property with or equity. Notwithstanding this agreement without judicial process pursuant to arbitrate, each Article 9 of the Parties retains Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or excise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Lendxx xxx Borrxxxx xxxee that in the event of an action for judicial foreclosure pursuant to California code of Civil Procedure Section 726, or any similar provision in any other state, the commencement of such an action will not constitute of waiver of the right to seek remedies in small claims arbitrate and the court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitrationarbitration as much of such action, including attorneys feescounterclaims, as lawfully may be referred to arbitration. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONJudgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASISNothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, BY YOU AS A REPRESENTATIVE OF OTHERSestoppel, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASSwaiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. THE PARTIES COLLECTIVELY AND YOUThe Federal Arbitration Act shall apply to the construction, INDIVIDUALLYinterpretation, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESand enforcement of this arbitration provision. CAPTION HEADINGS. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement.

Appears in 1 contract

Samples: Hycor Biomedical Inc /De/

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

Appears in 1 contract

Samples: Loan Agreement (Multiple Zones International Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES LENDER AND BORROWER AGREE THAT ANY CLAIM ALL DISPUTES, CLAIMS AND CONTROVERSIES BETWEEN THEM, WHETHER INDIVIDUAL, JOINT, OR DISPUTE THAT YOU MAY HAVE CLASS IN THE FUTURE RELATING TO NATURE, ARISING FROM THIS AGREEMENT OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONTRACT AND YOUR DEALINGS WITH US MUST TORT DISPUTES, SHALL BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONARBITRATED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UPON REQUEST OF EITHER PARTY. Notwithstanding the foregoing, You have the right No act to opt out take or dispose of any Collateral shall constitute a waiver of this arbitration agreement to arbitrate or be prohibited by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolutionagreement. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including furtherincludes, without limitation, Claims arising obtaining injunctive relief or a temporary restraining order; invoking a power of sale under contractany deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, tort, statute, regulation, rule, ordinance including taking or other rule disposing of law such property with or equity. Notwithstanding this agreement without judicial process pursuant to arbitrate, each Article 9 of the Parties retains Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, 8 provided however that no arbitrator shall have the right or the power to seek remedies enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in small claims any court to resolve any Claim within the jurisdiction of small claims courthaving jurisdiction. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under Nothing in this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTshall preclude any party from seeking equitable relief from a court of competent jurisdiction. The arbitration statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be administered by applicable in any arbitration proceeding, and the American Arbitration Association (“AAA”)commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The arbitration Federal Arbitration Act shall be governed pursuant apply to the AAA Consumer Arbitration Rules (construction, interpretation, and enforcement of this arbitration provision. CAPTION HEADINGS. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESprovisions of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Fine Com Corp)

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

Appears in 1 contract

Samples: Deposit Box Lease

Arbitration. PLEASE READ BY EXECUTING THIS AGREEMENT, THE PARTIES ARE ------------ AGREEING TO HAVE ANY DISPUTE WHICH IS DESCRIBED IN THIS SUBSECTION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, THE PARTIES ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION; IF ANY OF THE PARTIES REFUSES TO SUBMIT TO ARBITRATION IT MAY BE COMPELLED TO ARBITRATE UNDER THE CALIFORNIA CODE OF CIVIL PROCEDURE. A PARTY'S AGREEMENT TO THIS ARBITRATION PROVISION CAREFULLY IS VOLUNTARY. BY EXECUTING THIS AGREEMENT, EACH OF THE PARTIES ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THE FOREGOING AND HAS AGREED TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE SUBMIT DISPUTES DESCRIBED IN THE FUTURE RELATING THIS SUBSECTION TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING NEUTRAL ARBITRATION. Notwithstanding the foregoing, You have the right to opt Any controversy or claim arising out of or relating to this agreement to arbitrate Agreement or the breach hereof shall be settled by providing written arbitration, which arbitration shall be conducted as follows: A party seeking arbitration shall promptly send notice of your intention arbitration to do so to Us via certified mail within thirty the party. The place of arbitration hereunder shall be San Francisco, California. Within ten (3010) days of the purchase date of this Agreementsuch notice, each party shall appoint its arbitrator. Arbitration is An arbitrator shall be a method duly qualified professional with five years of resolving any claimexperience in the field of law. Within fifteen (15) day of their appointment, dispute or controversy without filing the two arbitrators shall meet and select a lawsuitthird arbitrator. The three arbitrators shall then meet and otherwise confer as they shall deem necessary to agree on a determination of the issue before them. In this Arbitration Provisionany dispute submitted to arbitration, You, We, the decision of two out of the three arbitrators shall be binding and conclusive upon the Administrator (parties hereto and shall be enforceable in a court having jurisdiction over the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitrationparties. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule Rules of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The for commercial arbitration shall be governed pursuant applied to any arbitration hereunder as to all matters of procedure, provided, however, that the parties may obtain discovery in aid of the arbitration. Arbitration costs shall be borne as follows: one-half of the arbitration costs shall be borne by the Shareholders and Optionholders who are adverse parties to the AAA Consumer Arbitration Rules (Company in the “Code”). The arbitration will occur before a singleArbitration, neutral arbitrator selected in accordance with and the Code in effect at the time other half of the arbitration is commenced. You have a right to attend costs shall be borne by the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liveCompany, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties except that each party shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is be responsible for their its own filing fees, expenses and costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESof any witnesses selected by such party.

Appears in 1 contract

Samples: Common Stock and Option Exchange Agreement (Netsource Communications Inc)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSExcept if you opt out for disputes relating to (i) yours or Photage LLC’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or violations of Section 5(i) or Section 5(k) of this Agreement (“Excluded Disputes”), you agree that all disputes between you and Photage LLC (including disputes that involve third parties) relating to or arising out of your relationship with Photage LLC, including but not limited to disputes related to this Agreement, your use of the Application, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Associations rules for arbitration of consumer-related disputes and you and Photage LLC hereby expressly waive trial by jury. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONAs an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Notwithstanding You may bring claims on your own behalf. Neither you nor Photage LLC will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Photage LLC is a party to the foregoingproceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one-hundred and sixty (160) days of filing the case, You then either Photage LLC or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of Applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. Please note that the right to resolve disputes in court is an important right and that arbitration differs from court action. Among other differences, unlike court action, where your rights are determined by a jury if you so decide, an arbitration is decided by a neutral arbitrator who will decide your rights. You may opt out of this agreement to arbitrate by providing written notice of your intention arbitrate. If you do so, neither you nor Photage LLC can require the other to do so to Us participate in an arbitration proceeding. To opt out, you must notify Photage LLC in writing via certified mail Certified Mail within thirty (30) days of the purchase of date that you first became subject to this Agreementarbitration provision. Arbitration is a method of resolving any claimYou must use this address to opt out: Photage LLC, dispute or controversy without filing a lawsuit. In this Attn: Arbitration Provision, You000 X. 000 Xxxxx, WeXxxx Xxxx Xxxx, Xxxx, 00000. You must include your name, residential address, email address you use for your account, and the Administrator (a clear statement that you want to opt out of this arbitration agreement. Please keep a copy of the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration Opt Out” communication for resolutionyour records along with proof of mailing. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains Photage LLC reserves the right to seek remedies change this dispute resolution provision, but any changes will not apply to disputes arising before the effective date of the amendment. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in small claims court to resolve any Claim within this Arbitration Section will be null and void. This arbitration agreement will survive the jurisdiction termination of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance your relationship with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in personPhotage LLC. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For obtain additional information about how to initiate arbitration with regarding the AAA’s consumer arbitration rules, the Parties shall refer to the AAA Code arbitration provisions and forms arbitrator rosters at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESxxx.xxx.xxx.

Appears in 1 contract

Samples: Photage End User License Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and Avis agree that each shall give the foregoing, You have the right to opt out of this agreement to arbitrate by providing other party written notice of your intention the claim to do so be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to Us via certified mail within thirty (30) days resolve the claim. If you intend to assert a claim against Avis, you must send the written notice of the purchase claim to Attention: Avis Rent A Car System, LLC, 0 Xxxxxx Xxx, Xxxxxxxxxx, Xxx Xxxxxx, 00000 Attn: Legal Department. If Avis intends to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this Agreement30 day period. Arbitration NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by law, such as in Quebec). Except as otherwise provided below, in the event of a method dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and Avis arising out of, relating to or in connection with your rental of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, car from Avis and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to Rental Agreement shall be exclusively adjudicated by binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by through the American Arbitration Association (“AAA”). The arbitration shall be governed ) pursuant to the AAA Consumer AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. Both parties waive the right to jury trial. Arbitration Rules procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND AVIS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Rental Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the “Code”). The event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will occur before a singlebe prohibitive as compared to costs of litigation, neutral arbitrator selected Avis will pay as much of your filing and hearing fees in accordance connection with the Code in effect at arbitration as the time arbitrator deems necessary to prevent the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer from being cost-prohibitive as compared to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879cost of litigation. Each Party This arbitration agreement is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESsubject to the Federal Arbitration Act.

Appears in 1 contract

Samples: static1.squarespace.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and CPT Group arising under this Agreement or in connection with your use of the Service (“Dispute(s)”), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Orange County, California. If you are an individual consumer using the Service primarily for personal reasons (“Individual Consumer”), as opposed to an individual accessing the Service for business purposes, and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in Section 18.B. The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow California law, exclusive of conflict or choice of law rules, in adjudicating the dispute. BY AGREEING TO UNDERSTAND YOUR RIGHTSARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONThe parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoingprovision in the preceding paragraph with respect to applicable substantive law, You any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act. The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section 18.C including the class action waiver described below. The JAMS rules are available at xxx.xxxxxxx.xxx. The arbitrator, and not any federal, state, or local court or agency, will have the right exclusive authority to opt resolve all Disputes arising out of this agreement or relating to arbitrate by providing written notice the interpretation, applicability, enforceability, or formation of your intention these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable, or whether a claim is subject to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and acknowledge that binding, on the transaction evidenced by this Agreement affects interstate commerce parties and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, CPT Group will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the $250 filing fee required for you to initiate a claim. If you are an Individual Consumer and the Federal Arbitration Act claim you wish to assert against us is for less than $10,000 then, at your election, (“Act”i) applies the arbitration may proceed in- person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by these Terms of Use to this Arbitration Provision. The Parties agree have been brought to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited then the other party will be entitled to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equitysuch party’s reasonable attorneys' fees incurred in successfully compelling arbitration. Notwithstanding this agreement to arbitrate, each of the Parties retains Both parties reserve the right to seek remedies a preliminary injunction or temporary restraining order from a federal or state court located in small claims court to resolve any Claim within the jurisdiction of small claims courtOrange County, California. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to However, after such request for relief has been adjudicated by such court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The remainder of the Dispute will be resolved by binding arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESas set forth herein.

Appears in 1 contract

Samples: assets.website-files.com

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

Appears in 1 contract

Samples: Extended Service Agreement

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

Appears in 1 contract

Samples: Operations Transfer Agreement (Omega Healthcare Investors Inc)

Arbitration. PLEASE IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSCAREFULLY. IT PROVIDES THAT ANY YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THAT THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN THE FUTURE RELATING A COURT OR BEFORE A JURY. YOU ARE WAIVING YOUR RIGHT TO THIS AGREEMENT AND YOUR DEALINGS PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONRESPECT TO SUCH CLAIMS. Notwithstanding Any claim or dispute (“claim”) by either you or us (“us” means the foregoingentity that issued the access device and any applicable affiliate), You have the right to opt Any dispute, claim, controversy or cause of action, that is fi led in any court and that arises out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way relates to this Agreement by binding arbitrationor the breach, termination, enforcement, interpretation or validity thereof, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance determination of the scope or other rule applicability of law or equity. Notwithstanding this agreement to arbitrate, each of shall be determined by arbitration before one arbitrator at a location mutually agreed upon in the Parties retains state where your account is maintained, or as may be otherwise required under the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder JAMS Minimum Consumer Standards, which are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTincorporated by reference herein. The arbitration shall be administered by the American JAMS pursuant to its Streamlined Arbitration Association (“AAA”)Rules & Procedures. Judgment on an award may be entered in any court having jurisdiction. This clause shall not preclude a party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in its award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Notwithstanding other language in this agreement, a party retains the right to bring an action in small claims court if it is within the jurisdictional limits of the court. If a party elects arbitration, it may be conducted as an individual action only. This means that even if a demand for a class action lawsuit, class arbitration, or other representative action (including a private attorney general action) is fi led, the matter will be subject to individual arbitration. Either party may bring a summary or expedited motion to compel arbitration or to stay the litigation of a matter in any court. Such motion may be brought at any time, and the failure to initiate or request arbitration at the beginning of litigation shall not be construed as a waiver of the right to arbitration. If a party elects to arbitrate it shall provide notice to the other party. The Bank shall provide notice to you at the address we have in our records, and you may provide notice to: Litigation Practice Group Manager, BB&T Xxxxx Xxxxxxxxxx, X.X. Xxx 0000, Xxxxxxx-Xxxxx, XX 00000. You may obtain a copy of the rules of the arbitration administrator, including information about consumer arbitration, fees, and instructions for initiating arbitration by contacting JAMS at xxx.xxxxxxx.xxx. Phone: 000-000-0000. You and the bank each agree that under this agreement, you and the bank are participating in transactions involving interstate commerce, which shall be governed pursuant by the provisions of the Federal Arbitration Act, Title 9 of the United States Code (“FAA”) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the AAA Consumer Arbitration Rules extent 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 “Code”extent not limited by this agreement), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitration will occur before a single, neutral arbitrator selected in accordance shall follow rules of procedure and evidence consistent with the Code 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 effect at good faith any reasonable written request for us to bear the time cost of your appeal. We will pay any fees or 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 account or this agreement. If any portion of this arbitration provision is commenced. You have deemed invalid or unenforceable, it shall not 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 attend the appeal such decision, this entire arbitration hearing provision (other than this proviso) shall be null and void in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESsuch proceeding.

Appears in 1 contract

Samples: Bank Services Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, Weon the one hand, and Intersections, on the Administrator other, agree that a specific claim or dispute solely with respect to the provision, delivery, operation, and/or functionality of Cyber Shield Service (a "Cyber Shield Claim") shall, at the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit election of any claimsone of us, disputes or controversies between the Parties to be resolved by binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations. Sales, Payment, and Related Claims, defined above as disputes related to the sale of Cyber Shield Service, or rates, charges, billing, and payment for Cyber Shield Service, are not subject to this arbitration agreement and will be handled as described in the Sales, Payment, and Related Claims Dispute Resolution section of this Agreement. It is the parties' intent that this arbitration provision be construed narrowly, such that this arbitration agreement includes only Cyber Shield Claims by you against Intersections or its affiliates. Any Cyber Shield Claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate. You agree that, by entering into this Agreement, you and Intersections are each waiving the right to a trial by jury or to participate in a class action with respect to Cyber Shield Claims. At your request, Intersections will promptly reimburse you for your payment of your arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Intersections will pay it directly after receiving a written request). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Cyber Shield Claim. YOU, ON ONE HAND, AND INTERSECTIONS, ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you, on one hand, and Intersections, on the other, agree otherwise, the arbitrator may not consolidate more than one person's Cyber Shield Claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 3 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed pursuant by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the AAA Consumer Arbitration Rules (extent consistent with the “Code”)FAA and shall honor any claims or privileges recognized by law. The arbitration will occur before a singleterms of this Section 3 shall survive any termination, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commencedcancellation or expiration of this Agreement. You have a right to attend the arbitration hearing in personLIABILITY – NEITHER CENTURYLINK, INTERSECTIONS, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. You may choose to have any arbitration hearing held in the county in which You liveNONE OF CENTURYLINK, the closest AAA location to Your residenceINTERSECTIONS, or via telephoneCSID, OR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE CYBER SHIELD SERVICE. For information about how to initiate arbitration with the AAANEITHER CENTURYLINK, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879INTERSECTIONS, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE CYBER SHIELD SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE CYBER SHIELD SERVICE. Each Party is responsible for their own filing feesNONE OF CENTURYLINK, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED INTERSECTIONS OR SHOULD BE CONSTRUED ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONPART OF THE CYBER SHIELD SERVICE. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT AGGREGATE LIABILITY OF ANY KIND BETWEEN THE ALL SUCH PARTIES TO CONDUCT YOU IN ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY EVENT IS LIMITED TO THE AMOUNT WHICH YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASSHAVE PAID CENTURYLINK FOR YOUR MEMBERSHIP. THE PARTIES COLLECTIVELY CYBER SHIELD SERVICE IS NOT A CREDIT COUNSELING SERVICE AND YOUDOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, INDIVIDUALLYHISTORY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY CLAIM HEREUNDER ON A CLASS-ACTIONTERMINATION, COLLECTIVE CANCELLATION, OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESEXPIRATION OF THIS AGREEMENT.

Appears in 1 contract

Samples: Subscriber Agreement

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

Appears in 1 contract

Samples: Client Margin Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT IS SUBJECT TO A PRE-DISPUTE ARBITRATION CLAUSE. In connection with the following agreement to arbitrate, Client understands that: 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 YOUR DEALINGS 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. THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH US MUST 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 RESOLVED SOLELY THROUGH BINDING ARBITRATIONBROUGHT IN COURT. THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT.. Subject to the above disclosures, Client agrees that any and all controversies that may arise between or among Client and NCS and/or IAR concerning Client's Account, any transaction or construction, performance or breach of this or any other agreement between Client and NCS and/or IAR, whether entered into prior, or subsequent to the date hereof, will be decided by arbitration. Any arbitration under this Agreement will be decided before the FINRA in accordance with FINRA rules. Judgment on arbitration awards may be entered in any court, state or federal, having jurisdiction. Notwithstanding the foregoing, You have no person will 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 a court a putative class action, who is a member of the right to opt putative class who has not opted out of this the class with respect to any claims encompassed by the putative class action until (a) the class certification is denied; (b) the class is decertified; or (c) Client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate by providing written notice will not constitute a waiver of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant except to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected extent stated in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESthis Agreement.

Appears in 1 contract

Samples: Investment Monitoring Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSFor any dispute with Ever, you agree to first contact us at xxxxxxx@xxxxxxx.xx and attempt to resolve the dispute with us informally. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding In the foregoing, You have the right unlikely event that Ever has not been able to opt out of this agreement to arbitrate by providing written notice of your intention resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving resolve any claim, dispute dispute, or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”excluding any Ever claims for injunctive or other equitable relief) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes arising out of or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise connection with or relating to this Agreement, and including furtheror the breach or alleged breach thereof (collectively, without limitation“Claims”), Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The by binding arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to ) in the AAA Consumer Arbitration Rules (city of San Francisco, California under the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code commercial rules then in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with for the AAA, except as provided herein. The award rendered by the Parties arbitrator shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, include costs and expenses associated with an of arbitration, including attorneys feesreasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. NOTHING HEREIN IS INTENDED OR SHOULD Nothing in this Section shall be deemed as preventing Ever from seeking injunctive or other equitable relief from the courts as necessary to protect any of Ever’s proprietary interests. CLASS ACTION/JURY TRIAL WAIVER: ALL CLAIMS MUST BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. BROUGHT IN THE PARTIES AGREE PARTIES’ INDIVIDUAL CAPACITY, AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU NOT AS A REPRESENTATIVE OF OTHERSPLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, A COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EVER ARE EACH WAIVING THE RIGHT TO A MEMBER OF TRIAL BY JURY OR TO PARTICIPATE IN A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE BASIS UNDER PROCEEDING OF ANY CIRCUMSTANCESKIND. NOTIFICATION PROCEDURES: Ever may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Ever in our sole discretion. Ever reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Ever is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Appears in 1 contract

Samples: Use Agreement

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

Appears in 1 contract

Samples: Borrower Agreement (LendingClub Corp)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding If mediation proves unsuccessful in resolving a dispute, controversy, or claim of any type as described above, said claim shall be submitted to final and binding arbitration under the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days Rules and Procedures of the purchase American Arbitration Association. The Arbitrator shall be knowledgeable in the business of this Agreement. Arbitration is residential property inspections, shall have at least five (5) years of experience as a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, Wehome and building inspector, and be a member in good standing of a recognized association of professional property inspectors, as evidenced by his/her date of full membership. An arbitrator must be selected within one (1) month’s time from the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration request for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that accepted standard against which the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration Residential Property Inspection shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (judged is the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code Standards of Practice” of that professional association in effect at the time of the arbitration is commencedinspection. You The decision of the Arbitrator shall be final and binding, and judgment on the award may be entered in any Court of competent jurisdiction. By initialing immediately below, I certify that I have a read, understood, and agree to this provision, and herewith waive my right to attend the arbitration hearing in persona trial. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. STATUTE OF LIMITATIONS CUSTOMER’S INITIALS: / THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT LEGAL ACTION OR PROCEEDING OF ANY KIND BETWEEN KIND, INCLUDING THOSE SOUNDING IN TORT OR CONTRACTS MAY BE COMMENCED AGAINST THE INSPECTOR OR THE INSPECTION COMPANY, OR ITS OFFICERS, AGENTS OR EMPLOYEES MORE THAN ONE YEAR AFTER THE DATE OF THE SUBJECT RESIDENTIAL PROPERTY INSPECTION. TIME IS EXPRESSLY OF THE ESSENCE HEREIN. CUSTOMER(S) UNDERSTAND(S) THAT THIS TIME PERIOD MAY BE SHORTER THAN OTHERWISE PROVIDED BY LAW. BY INITIALING IMMEDIATELY BELOW, I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND AGREE TO THIS PROVISION. CUSTOMER’S INITIALS: / WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES; LIQUIDATED DAMAGES IT IS UNDERSTOOD AND AGREED TO BY THE PARTIES HERETO THAT THE INSPECTOR IS NOT AN INSURER, THAT THE PAYMENT FOR THE RESIDENTIAL PROPERTY INSPECTION AND INSPECTION REPORT IS BASED SOLELY ON THE VALUE OF THE SERVICE PROVIDED BY THE INSPECTOR IN THE PERFORMANCE OF THE LIMITED VISUAL RESIDENTIAL PROPERTY INSPECTION AND PRODUCTION OF THE INSPECTION REPORT AS DESCRIBED HEREIN, THAT IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO CONDUCT ANY ARBITRATION ON FIX ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM A CLASS-ACTION OR COLLECTIVE BASISFAILURE TO PERFORM SUCH SERVICES, AND IN THE CASE OF FAILURE TO PERFORM SUCH SERVICES AND A RESULTING LOSS, INSPECTOR’S LIABILITY HEREUNDER SHALL BE LIMITED AND FIXED IN AMOUNT EQUAL TO THE INSPECTION FEE MULTIPLIED BY YOU FOUR AS LIQUIDATED DAMAGES, AND NOT AS A REPRESENTATIVE OF OTHERSPENALTY, A PRIVATE ATTORNEY GENERAL OR A MEMBER AND THIS LIABILITY SHALL BE EXCLUSIVE. FURTHERMORE, EXCEPT AS OTHERWISE HEREIN EXPRESSLY PROVIDED, AS MATERIAL CONSIDERATION HEREUNDER, THE PARTIES EACH WAIVE AGAINST THE OTHER, ALL DAMAGES OF A CLASSCONSEQUENTIAL NATURE AS WELL AS ALL THOSE WHICH MAY BE CHARACTERIZED OR DEEMED PUNITIVE OR EXEMPLARY. THE PARTIES COLLECTIVELY BY INITIALING IMMEDIATELY BELOW, I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTIONTHIS PROVISION. Fees: CUSTOMER’S INITIALS: / Home Inspection Fee: $350.00 Age over 30 years Fee: $50.00, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.and $50.00 for each additional 30 years Over 2000 sq ft Fee: $50.00, and $50.00 for each additional 500 sq ft Ferry or travel over 100 miles Fee: $100.00

Appears in 1 contract

Samples: baileynorman.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to Except as expressly otherwise specified under this Agreement, and including further, without limitation, Claims any dispute arising under contract, tort, statute, regulation, rule, ordinance out of or other rule of law or equity. Notwithstanding in connection with this agreement or any contractual or non-contractual obligations not resolved by the parties pursuant to arbitrateSection 18.5.1 and 18.5.2 above shall be referred to, each and finally settled by, arbitration under the Rules of Arbitration of the Parties retains the right International Chamber of Commerce (“ICC”). The ICC rules are deemed to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under be incorporated by reference into this Agreement between once this section is invoked (to the extent that those rules, or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURTindividual articles within those rules, STATEare valid and enforceable under national law, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration and where any individual article is deemed to be invalid or unenforceable it shall be administered by severed and the American Arbitration Association (“AAA”remaining articles shall subsist). The arbitration shall be governed pursuant conducted by a tribunal consisting of [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] arbitrators, and each of the parties shall have the right to nominate [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] of these arbitrators, such nominations to be made within [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Business Days of referral of the AAA Consumer Arbitration Rules (the “Code”)dispute to arbitration. The [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] arbitrator (who shall serve as the chairman of the tribunal) shall be nominated by agreement between the [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] party-nominated arbitrators within [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] of the confirmation of the appointment of the [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] of them by the ICC. Failing such agreement, this [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] arbitrator shall be appointed by the ICC court in New York. The place of arbitration will occur before a singleshall be in [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT], neutral arbitrator selected in accordance with the Code in effect at the time State of [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]. The language of the arbitration is commencedshall be English. You have a right to attend Judgment on the arbitration hearing award rendered by the arbitrators may be entered in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCEScourt of competent jurisdiction.

Appears in 1 contract

Samples: Navitaire Hosted Services Agreement (Gol Intelligent Airlines Inc.)

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

Appears in 1 contract

Samples: Land Lease (Mohegan Tribal Gaming Authority)

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

Appears in 1 contract

Samples: Deposit Account Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right It is understood that any dispute arising as to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days malpractice of the purchase of this AgreementUltrasound Cavitation treatment shall be decided by a neutral arbitrator. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding Any arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced proceeding will be governed by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, Florida’s arbitration statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains fees for the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or arbitrator will be split pro-rata among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall parties and each party will be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing feesattorneys’ fees and costs. Any action to collect fees from the client/patient for the treatments performed may be brought in any court located in Florida and the prevailing party in such collection action shall be entitled to recover its reasonable attorneys’ fees and costs. Filing of any action in any court to collect any fee from the client/patient shall not waive the right to compel arbitration of any malpractice claim. By signing this agreement I confirm that I am over the age of 18, costs I understand that the Ultrasound Cavitation procedure is permanent, that such procedure has possible adverse consequences and expenses associated that the procedure is for cosmetic purposes only. I certify that I have read the above paragraphs; had the procedure and risks explained to me, fully understand this consent and procedure form and herby consent to the indicated procedure(s). This means that I accept full responsibility for these and/or any other complications which may arise or result during or following the Ultrasound Cavitation procedure which is to be performed at my request according to this agreement and I herby agree to arbitration of any malpractice claim. I further understand that by signing this agreement, I surrender certain legal rights. Client/Patient (Printed) Date Signed Client Signature Accepted by Technician Date Signed Financial Policy: Thank you for selecting Sleek Reflections Body Sculpting, LLC. for your health needs. We are honored to be of service to you. This is to inform you of our billing requirements and financial policy. Please be advised that payment for all services is due at the time services are rendered. We require full payment for the visit prior to being seen by our service provider. We accept Check, Credit Card, Debit and Cash. All forms of payment are immediately run through an electronic processing system and immediately deposited into electronic transfer system. In the event this account is referred to an agency for collections or if an electronic check is returned you agree to be responsible for all returned fees including any collections costs, collection’s agency and/or attorneys fees used for collection. Informed Consent to Care: The patient assumes all responsibility/liability if the patient does not report on any health forms any past medical history, illnesses, medicines, or allergies; or update the clinic of any changes during the course of treatment. I agree to settle any claim or dispute I may have against or with an arbitrationany of these persons or entities, including attorneys feeswhether related to the prescribed care or otherwise, will be resolved by binding arbitration under the current malpractice terms which can be obtained by written request. NOTHING HEREIN Patient’s Signature Date (Prior to starting your first session and during treatment process) RECOMMENDATIONS:  Prior to starting your first session and during each 3-day period of treatment, we recommend you drink 2-3 liters of water. Water and hydration is key to this process being effective.  To maximize the effectiveness of your session, it is best to restrict products that impact lymphatic flow (i.e. caffeine, alcohol and sugar in large amounts) during the process.  We recommend eating a healthy diet to enhance the process. If you are on one of our specialized nutrition/diet loss plans you are all set. If not, we can provide a recommendation sheet for ideal eating during the process, if you want to maximize results.  We recommend exercise to stimulate lymphatic flow. This includes low impact workouts, swimming, jogging and or cycling during this process. Even brisk walking will help.  We recommend lymphatic massage and detoxification to optimize and enhance the process. Lymphatic massage helps facilitate to removal and release of toxins and fat as you go through the Ultrasonic Cavitation process.  We recommend no more than one body area per lymphatic area and maximum of 30 min of ultrasound time for maximum results. Treatments can be done a minimum of 72 hours apart.  IF YOUR DIGESTION PROCESS IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONIMPEDED IN ANY WAY DURING SESSIONS LET US KNOW (I.E. CONSTIPATION.)  Please always discuss with your Physician before beginning any new Health & Diet Program. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASSAlways inform us if you have a change in health status or experience any unusual symptoms during your program. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIf you should become pregnant during this process please inform us immediately.  You can have Ultrasonic Cavitation during your Menstrual Cycle but it is recommended to avoid the abdomen as you will not see the same results due to bloating.

Appears in 1 contract

Samples: Cavitation Treatment Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving The Executive agrees that any claim, dispute or controversy without filing a lawsuit. In arising under or in connection with this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement Agreement shall be subject to binding arbitration. The Parties agree Executive agrees to arbitrate such disputes or controversies, and acknowledge that the transaction evidenced thereby agrees to waive any right to a trial by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitrationjury, including any statutory claims under state or federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the New York State Labor Law, claims of harassment, discrimination or wrongful termination and any statutory claims. Unless otherwise subject to Claims related arbitration pursuant to the underlying transaction giving rise FINRA Code of Arbitration Procedure as required under FINRA Rules, the Executive agrees that any arbitration will be administered by Judicial Arbitration & Mediation Services (“JAMS”), or its successor, pursuant to its Comprehensive Arbitration Rules and Procedures and JAMS appellate procedures in New York, New York before a sole arbitrator who shall be a lawyer. The Company shall be entitled to seek a restraining order, injunction, or other equitable relief, and expedited discovery necessary for the proceedings to obtain said equitable or injunctive relief, in order to prevent or cease any violation or continuation of any violation of the provisions of paragraphs 13 and 14 of this Agreement, and including further, to obtain specific performance of said paragraphs. The Executive hereby consents that such restraining order or injunction may be granted without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equityrequiring the Company to post a bond larger than $500. Notwithstanding this agreement The Executive also agrees that waiver shall not be a defense to arbitrate, each Company’s invocation of the Parties retains Agreement’s arbitration clause subsequent to any proceeding to obtain the right equitable or injunctive relief described herein. Further, for purposes of obtaining said equitable and injunctive relief, the Executive consents to seek remedies the personal jurisdiction and venue of any Xxx Xxxx Xxxxx xxxxx xx Xxxxxx Xxxxxx court located in small claims New York, New York. Judgment may be entered on the arbitration award in any court having jurisdiction. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided, however, that the parties hereto agree that the arbitrator shall not be empowered to resolve award punitive damages against any party to such arbitration. The Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If the Executive makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim within by the jurisdiction Executive”), the arbitrators shall award the Executive reasonable legal fees and expenses if the Executive prevails on one material Covered Claim by the Executive (as determined by the arbitrator). If a claim is made by the Company against the Executive relating to the performance of, or the rights and obligations of, the Executive arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award the Executive reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to the Executive’s performance or obligations under paragraphs 13 and 14, the arbitrators shall award the Executive legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such paragraph (as determined by the arbitrator). Any reimbursement of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising reasonable legal fees and expenses required under this Agreement between or among paragraph 19 and any reimbursement of expenses included in the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration Accrued Obligations payable to the Executive under paragraph 7 shall be administered by made not later than the American Arbitration Association (“AAA”). The arbitration close of the Executive’s taxable year following the taxable year in which the Executive incurs the expense; provided, however, that, upon the Executive’s termination of employment with the Company, in no event shall any additional reimbursement be governed pursuant made prior to the AAA Consumer Arbitration Rules date that is six (6) months after the date of the Executive’s termination of employment to the extent such payment delay is required under Section 409A(a)(2)(B)(i) of the Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance In no event shall any reimbursement be made to the Executive for such fees and expenses incurred after the date that is ten (10) years after the date of the Executive’s termination of employment with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCompany.

Appears in 1 contract

Samples: Executive Employment Agreement (Bats Global Markets, Inc.)

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSThis Arbitration Provision describes when and how a Claim may be arbitrated. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration A “claim” is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, between Subscriber and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge CalAmp that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way arises from or relates to this Agreement by binding arbitrationand includes: initial claims, including but not limited to Claims related to the underlying transaction giving rise to this Agreementcounterclaims, cross-claims and including further, without limitation, Claims arising under third-party claims; disputes based on contract, tort, statute, regulation, rule, ordinance or fraud and other rule of intentional torts (at law or in equity, including any claim for injunctive or declaratory relief); disputes based on constitutional grounds or on laws, regulations, ordinances or similar provisions; and disputes about the validity, enforceability, arbitrability or scope of this Arbitration Provision or this Agreement. Notwithstanding this agreement to arbitrateIF SUBSCRIBER OR CALAMP CHOOSE ARBITRATION, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING JURY TRIAL. ● DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR. ● SUBSCRIBER GIVES UP ITS RIGHT TO PARTICIPATE AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM CLASS IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN (“CLASS ACTION WAIVER”). ● CLAIMS BROUGHT BY OR FILING A CLASS-ACTION IN ANY COURT SHALL AGAINST ONE SUBSCRIBER MAY NOT BE DETERMINED EXCLUSIVELY JOINED WITH CLAIMS BY A COURTCO-SUBSCRIBER OR CO-SIGNER. ● OTHER RIGHTS THAT SUBSCRIBER OR CALAMP WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Either Subscriber or CalAmp may require any Claim to be arbitrated, except neither party is obligated to arbitrate a Claim that is brought and maintained as an individual (as opposed to a class) claim and that involves an amount in dispute or claim for damages of less than $25,000. Arbitration begins when a party gives written notice to the other party of the intent to require arbitration. This notice may be given before or after a lawsuit has been started over the Claim or with respect to other Claims brought later in the lawsuit. Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules of the arbitration Administrator. CalAmp will not choose to arbitrate an individual claim that Subscriber brings against CalAmp in small claims court or state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, or if Subscriber modifies the claim to seek class relief, CalAmp then may choose arbitration. The arbitration Administrator shall be administered by the American Arbitration Association (“AAA”), 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, xxx.xxx.xxx, (000) 000-0000. If the AAA is unwilling to serve as the Administrator, the parties shall attempt to agree upon a substitute Administrator. If the parties are unable to so agree, each shall select one representative, and the two representatives shall select a third party, and the two representatives and the third party shall select the Administrator. Any arbitration hearing that Subscriber attends must take place at a location reasonably convenient to Subscriber’s residence. Subscriber gives up its right to participate in a class action. This means that Subscriber may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any Claim. Notwithstanding any other part of this Arbitration Provision, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Arbitration Provision (except for this paragraph) will be null and void. An Administrator charges fees to administer an arbitration proceeding. This may include fees not charged by a court. When Subscriber chooses an Administrator, it should carefully review the fees charged by the Administrator. CalAmp will pay these fees if required by applicable law, or if otherwise necessary to ensure that this Arbitration Provision is enforceable. CalAmp will not ask Subscriber to pay or reimburse CalAmp for any fees CalAmp pays the Administrator. If CalAmp requires a Claim to be arbitrated, CalAmp will pay or reimburse Subscriber for up to $1,000 in fees that would otherwise be charged to Subscriber by the Administrator. However, if either CalAmp or Subscriber requires a Claim to be arbitrated, Subscriber may tell CalAmp in writing that Subscriber is unable to pay the fees charged by the Administrator or that Subscriber believes those fees to be excessively high. If Subscriber does so, CalAmp will pay or reimburse Subscriber for up to all of the fees that would otherwise be charged to Subscriber by the Administrator if Subscriber’s request is reasonable and in good faith. Each party must pay the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or this Arbitration Provision provide otherwise. In addition to the parties’ rights to obtain discovery under the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope for discovery normally allowable under the arbitration rules of the Administrator. The Arbitrator will have discretion to grant or deny that request. Judgment upon the arbitration shall award may be governed pursuant entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. However, if the amount of the award exceeds $100,000 or is a “take nothing” award, a party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Arbitration Provision to the AAA Consumer “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of any appeal will be borne by the appealing party regardless of the outcome of the appeal. This Arbitration Rules (Provision is governed by the “Code”)Federal Arbitration Act and not by any state arbitration law. The arbitration will occur before a singlearbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, neutral arbitrator selected in accordance and applicable substantive law consistent with the Code Federal Arbitration Act. The arbitrator is authorized to award all remedies permitted by substantive law that would apply if the action were pending in effect at court. This Arbitration Provision survives the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liverepayment of all amounts Subscriber owes CalAmp, the closest AAA location to Your residencetransfer of this Agreement, or via telephone. For information about how to initiate arbitration with the AAAand any bankruptcy by Subscriber, the Parties shall refer to the AAA Code extent not inconsistent with applicable bankruptcy law. Except as provided above, if any part of this Arbitration Provision is determined to be invalid or unenforceable, this Arbitration Provision and forms at xxx.xxx.xxx the Agreement will remain enforceable. In the event of a conflict or call inconsistency between this Arbitration Provision and the applicable arbitration rules or the other provisions of this Agreement or any other contract between Subscriber and CalAmp, this Arbitration Provision will govern. Subscriber may opt out of this arbitration provision by sending CalAmp written notice of Subscriber’s intent to do so by registered mail, provided Subscriber sends the notice within 10 days of the date of this Agreement. If Subscriber is a corporation, partnership, association or other business or commercial entity, Subscriber agrees that notwithstanding anything to the contrary in this Section14: (8001) 778–7879. Each Party is responsible for their own filing fees, CalAmp will not pay any part of Subscriber’s costs and expenses associated with an arbitrationof arbitration unless ordered to do so by the arbitrator; (2) any arbitration under this Agreement will be held in Lake Forest, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESCalifornia; and (3) Subscriber will not have the right to opt out of this arbitration provision.

Appears in 1 contract

Samples: Calamp Master Agreement (Direct Communication Solutions, Inc.)

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

Appears in 1 contract

Samples: Terms of Service

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

Appears in 1 contract

Samples: Contract

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

Appears in 1 contract

Samples: Extended Service Agreement

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Global Health Sciences Inc)

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

Appears in 1 contract

Samples: www.tonybrownsjournal.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right It is understood that any dispute arising as to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days malpractice of the purchase of this AgreementUltrasound Cavitation treatment shall be decided by a neutral arbitrator. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding Any arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced proceeding will be governed by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, Florida’s arbitration statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains fees for the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or arbitrator will be split pro-rata among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall parties and each party will be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing feesattorneys’ fees and costs. Any action to collect fees from the client/patient for the treatments performed may be brought in any court located in Florida and the prevailing party in such collection action shall be entitled to recover its reasonable attorneys’ fees and costs. Filing of any action in any court to collect any fee from the client/patient shall not waive the right to compel arbitration of any malpractice claim. By signing this agreement I confirm that I am over the age of 18, costs I understand that the Ultrasound Cavitation procedure is permanent, that such procedure has possible adverse consequences and expenses associated that the procedure is for cosmetic purposes only. I certify that I have read the above paragraphs; had the procedure and risks explained to me, fully understand this consent and procedure form and herby consent to the indicated procedure(s). This means that I accept full responsibility for these and/or any other complications which may arise or result during or following the Ultrasound Cavitation procedure which is to be performed at my request according to this agreement and I herby agree to arbitration of any malpractice claim. I further understand that by signing this agreement, I surrender certain legal rights. Client/Patient (Printed) Date Signed Client Signature Accepted by Technician Date Signed Financial Policy: Thank you for selecting Sleek Reflections Body Sculpting, LLC. for your health needs. We are honored to be of service to you. This is to inform you of our billing requirements and financial policy. Please be advised that payment for all services is due at the time services are rendered. We require full payment for the visit prior to being seen by our service provider. We accept Check, Credit Card, Debit and Cash. All forms of payment are immediately run through an electronic processing system and immediately deposited into electronic transfer system. In the event this account is referred to an agency for collections or if an electronic check is returned you agree to be responsible for all returned fees including any collections costs, collection’s agency and/or attorneys fees used for collection. Informed Consent to Care: The patient assumes all responsibility/liability if the patient does not report on any health forms any past medical history, illnesses, medicines, or allergies; or update the clinic of any changes during the course of treatment. I agree to settle any claim or dispute I may have against or with an arbitrationany of these persons or entities, including attorneys feeswhether related to the prescribed care or otherwise, will be resolved by binding arbitration under the current malpractice terms which can be obtained by written request. NOTHING HEREIN Patient’s Signature Date (Prior to starting your first session and during treatment process) RECOMMENDATIONS: • Prior to starting your first session and during each 3-day period of treatment, we recommend you drink 2-3 liters of water. Water and hydration is key to this process being effective. • To maximize the effectiveness of your session, it is best to restrict products that impact lymphatic flow (i.e. caffeine, alcohol and sugar in large amounts) during the process. • We recommend eating a healthy diet to enhance the process. If you are on one of our specialized nutrition/diet loss plans you are all set. If not, we can provide a recommendation sheet for ideal eating during the process, if you want to maximize results. • We recommend exercise to stimulate lymphatic flow. This includes low impact workouts, swimming, jogging and or cycling during this process. Even brisk walking will help. • We recommend lymphatic massage and detoxification to optimize and enhance the process. Lymphatic massage helps facilitate to removal and release of toxins and fat as you go through the Ultrasonic Cavitation process. • We recommend no more than one body area per lymphatic area and maximum of 30 min of ultrasound time for maximum results. Treatments can be done a minimum of 72 hours apart. • IF YOUR DIGESTION PROCESS IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATIONIMPEDED IN ANY WAY DURING SESSIONS LET US KNOW (I.E. CONSTIPATION.) • Please always discuss with your Physician before beginning any new Health & Diet Program. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASSAlways inform us if you have a change in health status or experience any unusual symptoms during your program. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESIf you should become pregnant during this process please inform us immediately. • You can have Ultrasonic Cavitation during your Menstrual Cycle but it is recommended to avoid the abdomen as you will not see the same results due to bloating.

Appears in 1 contract

Samples: Cavitation Treatment Agreement

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSTo the extent permitted under applicable law, in the interest of resolving disputes between you and AlphaTheta in the most expedient and cost effective manner, you and AlphaTheta agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATIONArbitration is more informal than a lawsuit in court. Notwithstanding Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the foregoing, You have the right to opt out of this same damages and relief that a court can award. Our agreement to arbitrate by providing written notice disputes includes, but is not limited to all claims arising out of your intention or relating to do so to Us via certified mail within thirty (30) days of the purchase any aspect of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related whether based in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulationfraud, rulemisrepresentation or any other legal theory, ordinance and regardless of whether the claims arise during or other rule after the termination of law this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALPHATHETA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, UNLESS SUCH WAIVER IS INVALID UNDER APPLICABLE LAW. YOU AND XXXXXXXXXX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AlphaTheta agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or equityclass proceeding. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding Any claim that all Parties hereunder are waiving their rights to go to courtor part of this class action waiver is unenforceable, except unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. 11.2 • Arbitrator. Any arbitration between you and AlphaTheta will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for small claims courtConsumer Related Disputes (collectively, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The arbitration shall be administered by “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by contacting AlphaTheta. • Notice; Process. A party who intends to seek arbitration shall be governed pursuant must first send a written notice of the dispute to the AAA Consumer Arbitration Rules other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (CodeNotice”). The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.

Appears in 1 contract

Samples: Licence Agreement

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: www.paypalobjects.com

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

Appears in 1 contract

Samples: www.chase.com

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

Appears in 1 contract

Samples: Loan Agreement (Taylor Companies Inc)

Arbitration. PLEASE IT IS IMPORTANT THAT MERCHANT READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTSCAREFULLY. IT PROVIDES THAT ANY MERCHANT MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoingMERCHANT IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any claim or dispute (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the PartiesClaim”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes by either Merchant or controversies between Bank against the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related other arising from or relating in any way to Merchant’s account, this Merchant Agreement or any transaction conducted at the Bank or any of its affiliates, will, at the election of either Merchant or Bank, may be resolved by binding arbitration. This arbitration provision governs all claims, including but not limited 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 Merchant Agreement. As used in this provision, the term “Claim” is to be given the broadest possible meaning, and includes claims that arose in the past or arise in the present or future. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. This means that even if a class action lawsuit or other representative action, such as those in the form of a private attorney general action, is filed, any Claim related to the underlying transaction giving rise issues of such lawsuits will be subject to this Agreementarbitration if Merchant or Bank so elect. Claims subject to arbitration also include Claims that are made as counterclaims, and including furthercross-claims, without limitationthird-party claims, Claims arising under contract, tort, statute, regulation, rule, ordinance interpleaders or other rule of law or equityotherwise. Notwithstanding this agreement to arbitrate, each The party filing for arbitration must choose one of the Parties retains following arbitration administrators: American Arbitration Association, National Arbitration Forum or a mutually agreed upon arbitrator. Arbitration will be conducted under the right to seek remedies in small claims court to resolve any Claim within rules of the jurisdiction of small claims courtselected administrator by an impartial third-party arbitrator. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT. The Any arbitration shall be administered conducted in the city where the account was opened, the city of the Bank’s main office, or a location mutually agreed upon by the American Arbitration Association (“AAA”)parties. The arbitration shall arbitrator will either be governed pursuant a lawyer with at least ten years’ experience in banking, a retired or former judge or a law school professor with an expertise in banking law. The arbitrator will be selected in accordance with rules of the selected administrator. The arbitrator will apply the substantive law of the state where the Bank’s main office is located. The parties may choose to the AAA Consumer Arbitration Rules (the “Code”)be represented by an attorney. The arbitration will occur before a single, neutral arbitrator selected in accordance with be conducted under the Code applicable procedures and rules of the administrator that were in effect on the date the request for arbitration is filed. Certain rights that Merchant would have if Merchant went to court such as discovery or the right of appeal may not be available in arbitration or may be more limited. The arbitrator’s decision will be final and binding. If there is a conflict between the rules and procedures of the administrator and any term in this provision, the terms of this provision shall prevail. Merchant or Bank may bring an action including a summary or expedited motion to compel arbitration of any Claim, or to stay the litigation of any Claims pending in any court. Such action may be brought at any time. The failure to initiate or request arbitration at the time beginning of a dispute or claim shall not be considered a waiver of the arbitration is commenced. You have a right to attend the arbitration. At Merchant’s request, Bank will advance any reasonable arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residencefiling fee, or via telephoneadministrative and hearing fees that Merchant is required to pay up to $500. For We will reimburse Merchant for the initial fee if Merchant paid it and Merchant fully prevails on their claim. All other fees will be allocated pursuant to the rules of the administrator. The arbitrator may award any fees, cost, and expenses including attorneys’ fees, as permitted by the administrator’s rules. Merchant may obtain copies of the current rules of each administrator, including information about how to initiate arbitration with the AAAarbitration, the Parties shall refer to the AAA Code and forms at xxx.xxx.xxx or call (800) 778–7879. Each Party is responsible for their own filing fees, costs and expenses associated with an arbitrationinstructions for initiating arbitration by contacting the administrators. American Arbitration Association, including attorneys fees0000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASSPhone: 000-ACTION OR REPRESENTATIVE ARBITRATION000-0000. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASSWeb site: xxx.xxx.xxx. National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405. Phone: 000-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS000-0000. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.Web site: www. xxxxxxxx.xxx/.

Appears in 1 contract

Samples: cityofbryantx.granicus.com

Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES EXCEPT FOR DISPUTES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION. Notwithstanding the foregoing, You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Us via certified mail within thirty (30) days of the purchase of this Agreement. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN QUALIFY FOR SMALL CLAIMS COURT, STATEALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN LOOQ AND CUSTOMER, COUNTY WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A REPRESENTATIVE OR MEMBER NEUTRAL ARBITRATOR INSTEAD OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURTJUDGE OR JURY AND CUSTOMER AGREES THAT Looq AND CUSTOMER ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. CUSTOMER AGREES THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND CUSTOMER IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration shall will be administered by the American Arbitration Association (“AAA”)) under its Consumer Arbitration Rules, as amended by this Agreement. The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”)are available online at xxxx://xxx.xxx.xxx/sites/default/files/Consumer_Rules_Web_2.pdf. The arbitration arbitrator will occur before conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by either Party that an in-person hearing is appropriate. Any in-person appearances will be held at a singlelocation which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, neutral such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You will have a right authority to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You liveaward temporary, the closest AAA location to Your residenceinterim, or via telephone. For information about how to initiate arbitration with the AAApermanent injunctive relief or relief providing for specific performance of this Agreement, the Parties shall refer but only to the AAA Code extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and forms at xxx.xxx.xxx enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude either Party from bringing issues to the attention of federal, state, or call (800) 778–7879. Each local agencies and, if the law allows, they can seek relief against a Party is responsible for their own filing fees, costs and expenses associated with an arbitration, including attorneys fees. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCESon behalf of the other Party.

Appears in 1 contract

Samples: Platform Services Agreement

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