Binding Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration and Class Action Waiver. 7.1 PARTIES BOUND The term “Merchant” in this Article VII (Binding Arbitration and Class Action Waiver) includes Merchant, its owners, partners, officers, directors, shareholders, principals, and Guarantor(s), including without limitation those listed in the Merchant Application. Article VII binds all of them, Bank, Company, and Company’s Independent Sales Representatives (sometimes called “ISOs”).
Binding Arbitration and Class Action Waiver. If You and Wheels cannot resolve a Claim or Losses, within sixty (60) days of the receipt of the notice, then You agree that that any such Claim or Losses and all other 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 are void or voidable, or whether a claim is subject to arbitration relating to Your use of the Services, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and Wheels agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or Losses arising between You and Wheels regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. This Section 9 and provisions on binding arbitration and class action waiver shall survive any termination of your Account or the Services.
Binding Arbitration and Class Action Waiver. This section applies to you only if you live in (or, if a business, your principal place of business is in) the United States (inapplicable to residents of or businesses with principal place of business outside the United States). In the event of a dispute, you and the licensor agree to try for 60 days to resolve it informally. If an informal resolution cannot be reached, you and the licensor agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
Binding Arbitration and Class Action Waiver. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Product in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details. Initial Dispute Resolution: Trial Boom’s Customer Support department is available on the web xxxxx://xxx.xxxxxxxxx.xxx/support to address any concerns you may have regarding the Product. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation 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...
Binding Arbitration and Class Action Waiver. COURT. – Either You or We may elect, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related to your Accounts be resolved by binding arbitration, except for those disputes This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16 (the “FAA”). – Claims or disputes between you and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit box, and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement, any prior account agreement between us, or the advertising, the application for, or the approval or establishment of your account 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 disputes are referred to in this section as “Claims”. An 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. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. – mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders to a single transaction or related transaction), whether or not the claim may have been assigned. – You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of the opening of your account or the mailing of this notice, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account Risk Management, 0000 Xxx Xxxxxx Xxxx, Xxxxx, XX 00000. Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full – with one of the following neutral arbitration forums: American Arbitration Association or JAMS. That organization will apply its code will control. If JAMS or the AAA...
Binding Arbitration and Class Action Waiver. Any dispute, controversy or claim arising out of or relating in any way to the Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. For purposes of this section and the sections heretofore related to class actions and joinder of parties, the terms herein shall apply to any and all claims, liabilities, losses and demands arising on or after August 1, 2020.
Binding Arbitration and Class Action Waiver. 25.1. PARTIES BOUND - The term “Merchant” in this Section 25 (Binding Arbitration and Class Action Waiver) includes Merchant, its owners, partners, officers, directors, shareholders, principals, Affiliates, guarantor(s), predecessors, successors, and assigns, including without limitation those listed in the Merchant Application or Gateway Services Application. Section 25 binds all of them, SHIFT4, and SHIFT4’s Affiliates, resellers, referral partners, and Independent Sales Representatives (sometimes called “ISOs”)
Binding Arbitration and Class Action Waiver. 4.1 This section applies to any dispute between you and NewTechWood relating to your NewTechWood product which is not resolved as part of the warranty claim process. Purchaser may not proceed with any dispute resolution alternatives until and unless NewTechWood and Purchaser fail to resolve Purchaser’s claims during the warranty investigation process. “Dispute” will be given the broadest possible meaning allowable under law.
Binding Arbitration and Class Action Waiver. We hope we never have a dispute, but if we do, you and Sage agree to try for 60 days to resolve it informally. If we can’t, you and Sage agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Both you and Sage agree to bring any dispute in arbitration on an individual basis only. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Sage and its affiliates.
