Common use of Binding Arbitration Agreement Clause in Contracts

Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on POS Exhibit A. This Arbitration Agreement binds all of them and Shift4. (i) Shift4 and Merchant agree, to the maximum extend allowed under applicable law, to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents, subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration. Shift4 and Merchant may adopt arbitration rules from JAMS in Ontario or from the ICC in other jurisdictions. This Arbitration Agreement is to be broadly interpreted. It includes: (A) claims or disputes relating to any aspect of the relationship between Shift4 and Merchant including claims or disputes relating to this Service Agreement, the Equipment, the Software, the Processing Agreement, any Shift4 product or service, and any agreement to which Merchant and Shift4 are parties (even if the claim or dispute does not involve the Service Agreement), whether based in contract, tort, statute, fraud, misrepresentation, omission, or any other theory; (B) claims or disputes that arose before this Service Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims or disputes that are the subject of purported class action litigation on the date this Service Agreement becomes effective but Merchant is not a member of a certified class on that date; and (D) claims or disputes that arise after the termination of this Service Agreement but relate to it or to the Equipment or Software.