Common use of Covered Claims Clause in Contracts

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreement, your account, any prior agreement or account, any ATM Card, debit card, or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures and agreements related to it, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding. “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g), captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m), captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your account, any prior agreement or account, any ATM Card, debit card, check card or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, practices and procedures and agreements related to itthe foregoing, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding; provided, however, that “Claim” does not include any claim, dispute or controversy that would otherwise be covered by the foregoing definition but which is prohibited from such coverage by the federal Military Lending Act or its implementing regulations. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of the Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (“g)” below, captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (“m)” below, captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claim, dispute or controversy between you You and us Us that in any way arises from or relates to this agreementAgreement, your accountYour Account, any prior agreement products or accountservices offered by Us, including but not limited to, any debit card or ATM Cardcard provided to You, debit cardOverdraft Protect, or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection Overdraft Privilege and/or Overdraft credit services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures advertising and agreements disclosures related to itthe foregoing, if such claimClaim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding. “Claim” includes disputes arising from actions or omissions prior to the effective date of this Agreement (or prior to the time this Arbitration Provision becomes part of this Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. , inclusive of any damages or other remedies claimed It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g), captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m), captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementthe Agreement, the Service, your account, any prior agreement or account, any ATM Card, debit card, or similar cardcard linked to the Service, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection servicesOverdraft Service, any overdraft line Line of credit Credit Service or overdraft transfer agreementSweep Account Service, non-sufficient funds and overdraft itemsItems, and the advertising, disclosures, practices, practices and procedures and agreements related to itthe foregoing, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding; provided, however, that “Claim” does not include any claim, dispute or controversy that would otherwise be covered by the foregoing definition but which is prohibited from such coverage by the federal Military Lending Act or its implementing regulations. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of the Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (“g)” below, captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (“m)” below, captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your account, any prior deposit agreement or account, any ATM Card, debit card, check card or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection servicesplan, any overdraft policy, overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures and agreements related to itthe foregoing, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of this Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g), captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m), captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementthe Agreement, your account, any prior agreement or account, any ATM Card, debit card, card or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection servicesOverdraft Service, any overdraft line Line of credit Credit Service or overdraft transfer agreementSweep Account Service, nonNon-sufficient funds and overdraft itemsItems, and the advertising, disclosures, practices, practices and procedures and agreements related to itthe foregoing, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding; provided, however, that “Claim” does not include any claim, dispute or controversy that would otherwise be covered by the foregoing definition but which is prohibited from such coverage by the federal Military Lending Act or its implementing regulations. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of the Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (“g)” below, captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (“m)” below, captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claimThis Agreement is intended to be as broad as legally permissible, dispute and, unless excluded in Section 2 below, applies to all claims or controversy between you and us that in any way arises from or relates to this agreementcontroversies, your accountpast, any prior agreement or account, any ATM Card, debit cardpresent, or similar cardfuture, any account transaction arising out of or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures and agreements related to itYour selection for employment, if such claimemployment, dispute or controversy cannot and/or termination of employment that otherwise would be resolved without in court or before a lawsuit forum other than arbitration under applicable federal, state, or arbitration proceedinglocal law. “Claim” has This Agreement applies to any covered claims or disputes that FTI may have against You or that You may have against FTI, and/or any of its past, present, or future: (i) officers, directors, members, owners, shareholders, or employees; (ii) parents, subsidiaries, or affiliates; (iii) benefit plans or the broadest reasonable meaningplans’ sponsors, fiduciaries, administrators, affiliates, or agents; and includes initial claims, counterclaims, cross-claims (iv) successors. The individuals and entities listed in (i) through (iv) of the preceding sentence may enforce this Agreement as a direct or third-party beneficiary. Unless excluded in Section 2 below, this Agreement applies, without limitation, to claims based on or related to any Employment Agreement between You and the Company, breach of a contract or covenant, discrimination, harassment, retaliation, defamation (including post-employment defamation or retaliation), privacy, fraud, negligence, breach of fiduciary duty, trade secrets, unfair competition, wages, background checks, minimum wage and overtime or other compensation and/or any monies claimed to be owed, meal breaks and rest periods, termination, tort claims. It includes disputes based upon contract, tortcommon law claims, consumer rightsequitable claims, fraud and any claims for violating any federal, state, or other intentional torts, constitutiongovernmental law, statute, regulation, ordinanceor ordinance arising out of or related to Your selection for employment, common law employment, and/or termination of employment. The Arbitrator, and equity (including not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or waiver of this Agreement including, but not limited to, any claim for injunctive that all or declaratory relief)any part of this Agreement is void or voidable. HoweverBut the preceding sentence does not apply to any claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, except as provided in the next sentence, and it does not include apply to the “Class and Collective Action Waiver” and/or “California PAGA Individual Action Requirement,” each as further described below. Despite any dispute about the validity, enforceability, coverage other clause or scope language in this Agreement and/or any rules or procedures that might otherwise apply because of this Arbitration Provision or any part thereof Agreement (including, without limitation, subparagraph (gthe American Arbitration Association Rules discussed below), captioned “Prohibition Against Certain Proceedings” (any disputes about the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and/or any claim that all or any part of the Class and Collective Action Waiver”)Waiver and/or California PAGA Individual Action Requirement is unenforceable, the final sentence in subparagraph (m)inapplicable, captioned “Severability,” and/or this sentence); all such disputes are for unconscionable, or void or voidable, will be determined only by a court of competent jurisdiction and not by an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative classarbitrator.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your accountAccount, any prior deposit agreement or accountAccount, any ATM Cardcard, debit card, check card, credit card, or similar card, any account Account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection servicesplan, any overdraft policy, overdraft line of credit or overdraft transfer agreement, non-non- sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures and agreements related to itthe foregoing, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of this Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims crossclaims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g), captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m), captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your accountAccount, any prior agreement products or accountservices offered by us, including but not limited to, any debit card or ATM Cardcard provided to you, debit cardOverdraft Protect, or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection Overdraft Privilege and/or Overdraft credit services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures advertising and agreements disclosures related to itthe foregoing, if such claimClaim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding. “Claim” includes disputes arising from actions or omissions prior to the effective date of this Agreement (or prior to the time this Arbitration Provision becomes part of this Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. , inclusive of any damages or other remedies claimed It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g), captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m), captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. Solely as used in this Arbitration Provision: “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your accountAccount, any other Account disclosures, any prior agreement Agreement or account, any ATM Card, debit card, or similar card, any account Account transaction or attempted transaction (including depositstransaction, payments, transfers and withdrawals, whether by check, card, ACH data breach or otherwise), overdraft protection servicesprivacy claims, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures and agreements related to it, if such claim, dispute the foregoing and the relationship(s) between you and us resulting from any of the foregoing. “Claim” includes disputes arising from actions or controversy cannot be resolved without a lawsuit omissions prior to the date of this Agreement (or arbitration proceedingprior to the time this Arbitration Provision becomes part of this Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims crossclaims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g)G., captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m)M., captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In additionMoreover, this Arbitration Provision will not apply to claims any Claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative classclass for as long as such class action is pending.

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementthe Agreement, your account, any prior agreement or account, any ATM Card, debit card, card or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection servicesOverdraft Service, any overdraft line Line of credit Credit Service or overdraft transfer agreementSweep Account Service, non-sufficient funds and overdraft itemsItems, and the advertising, disclosures, practices, practices and procedures and agreements related to itthe foregoing, if such claim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding; provided, however, that “Claim” does not include any claim, dispute or controversy that would otherwise be covered by the foregoing definition but which is prohibited from such coverage by the federal Military Lending Act or its implementing regulations. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of the Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (“g)” below, captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (“m)” below, captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.

Covered Claims. “Claim” means any past, present or future claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your account, any prior agreement or account, any ATM Card, debit card, check card or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, practices and procedures and agreements related to itthe foregoing. “Claim” includes disputes arising from actions or omissions prior to the date of this Agreement (or prior to the time this Arbitration Provision becomes part of the Agreement). “Claim” also means data breach or privacy claims arising from or relating directly or indirectly to our disclosure (or disclosure by a third party acting on our behalf) of any non-public personal information about you; disputes arising from communications involving telephones, if such claimautomatic dialing systems, dispute artificial or controversy cannot be resolved without a lawsuit prerecorded voice messages, SMS text messages or arbitration proceedingfacsimile machines; disputes concerning your application or other information you gave us before opening your account; and disputes arising from or related to the relationship(s) between you and us resulting from any of the foregoing Claims. “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-cross- claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for individual injunctive or declaratory relief). However, except as provided in “Claim” does not include any claim, dispute or controversy that would otherwise be covered by the next sentenceforegoing definition but which is prohibited from such coverage by the federal Military Lending Act or its implementing regulations. Moreover, it “Claim” does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g)) below, captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence subparts (i) and (ii) in subparagraph (m)) below, captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will does not apply prohibit you or us, at any time, from (1) exercising any lawful rights to claims that are preserve or obtain possession of property or self-help remedies, including but not limited to, the subject right to set-off or exercise a statutory lien or other lien granted by law or rule, the right to restrain funds in an account, recoupment, repossession, replevin or trustee’s sales; (2) obtaining provisional or ancillary remedies or injunctive relief (other than a stay of arbitration), including but not limited to attachment, garnishment, interpleader or the appointment of a class action filed in receiver by a court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.appropriate jurisdiction; or

Covered Claims. “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this agreementAgreement, your accountAccount, any prior agreement products or accountservices offered by us, including but not limited to, any debit card or ATM Cardcard provided to you, debit cardOverdraft Protect, or similar card, any account transaction or attempted transaction (including deposits, payments, transfers and withdrawals, whether by check, card, ACH or otherwise), overdraft protection Overdraft Privilege and/or Overdraft credit services, any overdraft line of credit or overdraft transfer agreement, non-sufficient funds and overdraft items, and the advertising, disclosures, practices, procedures advertising and agreements disclosures related to itthe foregoing, if such claimClaim, dispute or controversy cannot be resolved without a lawsuit or arbitration proceeding. “Claim” includes disputes arising from actions or omissions prior to the effective date of this Agreement (or prior to the time this Arbitration Provision becomes part of this Agreement). “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims, inclusive of any damages or other remedies claimed. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, except as provided in the next sentence, it does not include any dispute about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, subparagraph (g), captioned “Prohibition Against Certain Proceedings” (the “Class Action Waiver”), the final sentence in subparagraph (m), captioned “Severability,” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this agreement Agreement as a whole. In addition, this Arbitration Provision will not apply to claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class.