Common use of Binding Individual Arbitration Clause in Contracts

Binding Individual Arbitration. This arbitration provision does not apply to Military Borrowers. You and Bank agree to arbitrate all disputes arising under or in connection with this Agreement or Your relationship with Bank (collectively, a “Claim”). This includes Claims made by or against anyone connected to You or Bank and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made by or against Bank’s service providers, including Square Capital, and which shall include Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program. You and Bank agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this Agreement. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided by a neutral arbitrator. THE PARTIES ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. 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. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this section of this Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative claims, or claims in arbitration for public injunctive relief, must be resolved by a court of competent jurisdiction. All Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to You or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 0-000-000-0000 or xxx.xxx.xxx. Any arbitration hearing that You attend will take place in the federal judicial district where You reside as of the date You execute this Agreement. Square Capital will pay all arbitration fees. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the arbitration. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Binding Individual Arbitration. This arbitration provision does not apply to Military Borrowers. You and Bank StrongBox agree to arbitrate all disputes arising under or in connection with this Agreement or Your relationship with Bank (collectively, a “Claim”). This includes Claims made by or against anyone connected to You or Bank and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made by or against Bank’s service providers, including Square Capital, and which shall include Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program. You and Bank agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this AgreementDisputes. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims disputes more quickly. Instead of a judge or a jury, the Claim case will be decided by a neutral arbitrator. THE PARTIES ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIMarbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. , AND YOU WILL NOT ARE WAIVING YOUR RIGHTS TO HAVE THE RIGHT YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIMAGAINST STRONGBOX. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability If any provision of this section of this Agreementagreement is found unenforceable, except that any Claim concerning the scope or enforceability of unenforceable provision shall be severed, and the prohibition on class, collective, or representative claims, or claims remaining arbitration terms shall be enforced (but in arbitration for public injunctive relief, must no case shall there be resolved by a court of competent jurisdictionclass arbitration). All Claims Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according Florida Rules of Arbitration. If you are a consumer bringing a claim relating to this provision and the applicable AAA rulespersonal, which may limit the discovery available to You household, or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 0-000-000-0000 or xxx.xxx.xxx. Any family use, any arbitration hearing that You attend will take occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in the federal judicial district where You reside as of the date You execute this Agreement. Square Capital will pay all arbitration fees. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration ActBoca Raton, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at lawFlorida. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an The parties will equally share the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator may award declaratory or injunctive reliefdetermines that your claim is frivolous, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claimat which time you will be responsible for all costs, including our attorneys' fees. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the arbitration. If any provision For purposes of this arbitration agreement is found unenforceableprovision, the unenforceable provision will be severedreferences to you and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and the remaining arbitration terms will be enforced (but in no case will there be a class assigns as well as authorized users or representative arbitration)beneficiaries of StrongBox services. The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement cannot be enforced as Subject to a particular claim for relief, then that claim (and only that claim) must be severed from without waiver of the arbitration and may provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in courtand you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Florida.

Binding Individual Arbitration. This arbitration provision does not apply to Military BorrowersPurpose. You and Bank agree to arbitrate all disputes arising under or in connection with this Agreement or Your relationship with Bank (collectivelyThe term “"Dispute”" means any dispute, a “Claim”). This includes Claims made by or against anyone connected to You or Bank and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successorsclaim, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) controversy between you and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made Sony Group of Companies entity (“Sony Entity”)Entities regarding any PSN First Party Services or the use of any devices sold by a Sony Entity to access PSN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or against Bank’s service providersnegligence), including Square Capitalor any other legal or equitable theory, and which shall include Square Capital’s parent companyincludes the validity, subsidiaries, affiliates, agents, employees, predecessors, successors, enforceability or assigns and any authorized users or beneficiaries scope of this "BINDING INDIVIDUAL ARBITRATION" Sectionsection (with the exception of the Square Installments program. You and Bank agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this Agreement. Arbitration is more informal than a lawsuit in court and seeks to resolve Claims more quickly. Instead of a judge or a jury, the Claim will be decided by a neutral arbitrator. THE PARTIES ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. 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. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this section of this Agreement, except that any Claim concerning the scope or enforceability of the prohibition on classClass Action Waiver clause below). “"Dispute”" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity’sEntity's officers, collectivedirectors, or representative claimsemployees and agents that cannot be resolved through negotiation within the time frame described in the “"Notice of Dispute”" clause below, or claims you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in arbitration accordance with the terms of this Sectionsection, and not litigate any Dispute in court, except for public injunctive relief, must those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a court neutral arbitrator instead of competent jurisdiction. All Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to You or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 0-000-000-0000 or xxx.xxx.xxx. Any arbitration hearing that You attend will take place in the federal judicial district where You reside as of the date You execute this Agreement. Square Capital will pay all arbitration fees. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the arbitration. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court by a judge or arbitrator decides that this arbitration agreement cannot be enforced as to a particular claim for reliefjury. Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, then that claim YOU MUST NOTIFY SIENAUS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 0000 XXXXXX XXXXX, 00XX XXXXX, XXX XXXXXXX, XX 00000, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (and only that claim1) must be severed from the arbitration and may be brought in courtYOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

Binding Individual Arbitration. This arbitration provision does not apply PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND NAVIGATION MEDIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, OR (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION" SECTION BELOW. If you live in the United States or another jurisdiction which allows you to Military Borrowers. You agree to arbitration, you and Bank Navigation Media agree to arbitrate all disputes Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between us and you is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. In the event of any dispute, controversy, or difference, arising under among or out of, or in relation to, or in connection with the interpretation or performance of this Agreement or Your relationship with Bank any of the terms hereof, or a breach hereof (collectively, a “ClaimDispute”). This includes Claims made by or against anyone connected , the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to You or Bank resolve such Dispute effecting as nearly as possible the intent and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made by or against Bank’s service providers, including Square Capital, and which shall include Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program. You and Bank agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program, are intended to be, and shall have the rights of, a third party beneficiary of this section purposes of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties. If such Dispute cannot be satisfactorily resolved by the Parties themselves through friendly consultation within a period of thirty (30) calendar days after notice by you to Navigation Media of a Dispute, you or Navigation Media may commence an arbitration in accordance with this Agreement. The arbitration shall be initiated and conducted according to either JAMS Streamlines (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedure in effect at the time the request for arbitration is made, except as modified herein, including the optional appeal procedure (the “Arbitration Rules”). The Tribunal will consist of one arbitrator having experience in intellectual property and commercial disputes. The place of arbitration will be the Los Angeles, California office of JAMS or its successor (“JAMS”). The language to be used in the arbitral proceedings will be English. You and Navigation Media agree that whether a dispute is more informal subject to arbitration under this Agreement will be determined by the arbitrator rather than a lawsuit court. Any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Judgment upon the decision or award rendered by the arbitrator may be entered in any court and seeks having jurisdiction thereof. Navigation Media will pay its arbitration costs as required by the Arbitration Rules and, in the event that you are able to resolve Claims more quickly. Instead demonstrate that the costs of a judge or a jury, the Claim arbitration will be decided by a neutral arbitrator. THE PARTIES ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONSprohibitive as compared to the costs of litigation, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. Individual Claims filed in small claims court are not subject to this Arbitration Agreement, we will pay as long much of your arbitration filing and hearing fees as the Claim remains arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay 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/or litigation costs, in small claims courtwhich case the arbitrator shall award fees or costs as required by the applicable law. The arbitrator alone will have the authority to interpret the scope and enforceability of this This Binding Individual Arbitration section survives any termination of this Agreement. Further, except that any Claim concerning the scope or enforceability of the prohibition on classalthough we may revise this Agreement, collectivePrivacy Policy, or representative claimsother related agreements at our discretion, we not have the right to alter this agreement to arbitrate or claims in arbitration for public injunctive relief, must be resolved by a court of competent jurisdiction. All Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to You or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 0-000-000-0000 or xxx.xxx.xxx. Any arbitration hearing that You attend will take place in the federal judicial district where You reside as of the date You execute this Agreement. Square Capital will pay all arbitration fees. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only rules specified herein with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the arbitrationDispute once that Dispute has accrued. If any provision part of this Binding Individual Arbitration section is deemed invalid, unenforceable, or illegal, then the balance of this arbitration agreement is found provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, the unenforceable or illegal provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement canhad not be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in courtbeen included.