Common use of Disputes Covered by Arbitration Clause in Contracts

Disputes Covered by Arbitration. Except as otherwise provided, any dispute relating to or arising out of your Account or this Agreement, including any aspect of any agreement governed by this Agreement, or prior or later versions of this Agreement, and any changes to the terms of this Agreement will be subject to arbitration. Except as expressly provided, all disputes are subject to arbitration no matter the legal theory or remedy (damages, or injunctive or declaratory relief) sought. Disputes include (1) any unresolved claims concerning any services relating to your Account, including, without limitation, Purchases, Balance Transfers, Cash Advances, INTEREST CHARGES, your use of any of our banking locations or facilities, or any means you use to access your Account; (2) any claims that arose before you and we entered into this Agreement (such as disputes related to advertising) and after the termination of this Agreement; (3) not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as an authorized user, a beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy; (4) not only claims that relate directly to us, but also our parent, affiliates, successors, assignees, employees, and agents and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made; (5) claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made as counterclaims, cross-claims, third party claims, interpleaders or otherwise; (6) claims made as part of a class action or other representative action, being expressly understood and agreed that arbitration of such claims must proceed on an individual (non-class, non-representative) basis; and (7) claims relating to the enforceability or interpretation of this arbitration provision. A party who initiates a proceeding in court may elect arbitration with respect to any dispute advanced in that proceeding by any other party. This arbitration provision shall survive any termination of this Agreement or your Account.

Appears in 1 contract

Samples: www.bankofthewest.com

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Disputes Covered by Arbitration. Except as otherwise provided, any dispute relating to or arising out of your Account or this Agreement, including any aspect of any agreement governed by this Agreement, or prior or later versions of this Agreement, and any changes to the terms of this Agreement will be subject to arbitration. Except as expressly provided, all disputes are subject to arbitration no matter the legal theory or remedy (damages, or injunctive or declaratory relief) sought. Disputes include (1) any unresolved claims concerning any services relating to your Account, including, without limitation, Purchases, Balance Transfers, Cash Advances, INTEREST CHARGES, your use of any of our banking locations or facilities, or any means you use to access your Account; (2) any claims that arose before you and we entered into this Agreement (such as disputes related to advertising) and after the termination of this Agreement; (3) not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as an authorized user, a beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy; (4) not only claims that relate directly to us, but also our parent, affiliates, successors, assignees, employees, and agents and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made; (5) claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made as counterclaims, cross-claims, third party claims, interpleaders or otherwise; (6) claims made as part of a class action or other representative action, being expressly understood and agreed that arbitration of such claims must proceed on an individual (non-class, non-representative) basis; and (7) claims relating to the enforceability or interpretation of this arbitration provision. A party who initiates a proceeding in court may elect arbitration with respect to any dispute advanced in that proceeding by any other party. This arbitration provision shall BW-BCCAG (Rev. 10/2020) survive any termination of this Agreement or your Account.

Appears in 1 contract

Samples: www.bankofthewest.com

Disputes Covered by Arbitration. Except as otherwise provided, any You acknowledge that in arbitration there will be no right to a jury trial. Any claim or dispute relating to or arising out of your Account Accounts or this Agreement, including any aspect of any agreement governed by this Agreement, or prior or later versions of this Agreement, and any changes to the terms of this Agreement our relationship will be subject to arbitration, regardless of whether that dispute arose before or after your receipt of this notice. Except Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly providedunderstood and agreed to that the arbitration of such claims must proceed on an individual (non-class, all non-representative) basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceabilityor interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All disputes are subject to arbitration, no matter the what legal theory they are based on, or remedy (damageswhat remedy(damages, or injunctive or declaratory reliefdeclaratoryrelief) soughtthey seek. Disputes include (1) any unresolved claims concerning any services claimsconcerning anyservices relating to your Account, including, without limitation, Purchases, Balance Transfers, Cash Advances, INTEREST CHARGES, your use of any of our banking locations or facilities, or any means you use to access your Account; (2) any claims that arose before you and we entered into this Agreement (such as disputes related to advertising) and after the termination of this Agreement; (3) Accounts. Disputes include not only claims made directly by directlyby you, but also made by anyone connected with you or claiming through you, such as an authorized usera joint account holder, a account beneficiary, employee, employee representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy; (4) . Disputes include not only claims that relate directly to usdirectlyto the Credit Union, but also our its parent, affiliates, successors, assignees, employees, and agents agents, and claims for which we may be directly or indirectly liabledirectlyor indirectlyliable, even if we are not properly named at the time the claim is made; (5) . Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made asserted as counterclaims, cross-claims, third party claimsthird-partyclaims, interpleaders or otherwise; (6) and claims made as part of independentlyor with other claims. If a class action or other representative action, being expressly understood and agreed that arbitration of such claims must proceed on an individual (non-class, non-representative) basis; and (7) claims relating to the enforceability or interpretation of this arbitration provision. A party who initiates a proceeding in court regarding a claim or dispute which is included under this Resolution of Disputes by Arbitration provision, the other party may elect to proceed in arbitration with respect pursuant to any dispute advanced in that proceeding this Resolution of Disputes by any other party. This arbitration provision shall survive any termination of this Agreement or your AccountArbitration provision.

Appears in 1 contract

Samples: www.truliantfcu.org

Disputes Covered by Arbitration. Except as otherwise provided, any YOU ACKNOWLEDGE THAT IN ARBITRATION THERE WILL BE NO RIGHT TO A JURY TRIAL. Any claim or dispute relating to or arising out of your Account Accounts or this Agreement, including any aspect of any agreement governed by this Agreement, or prior or later versions of this Agreement, and any changes to the terms of this Agreement our relationship will be subject to arbitration, regardless of whether that dispute arose before or after your receipt of this notice, Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to notice. Except Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly providedunderstood and agreed to that the arbitration of such claims must proceed on an individual (non-class, all non-representative) basis and the arbitrator may award relief only on an individual (non-class, non- representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All disputes are subject to arbitration, no matter the what legal theory they are based on, or what remedy (damages, or injunctive or declaratory relief) soughtthey seek. Disputes include (1) any unresolved claims concerning any services relating to your Account, including, without limitation, Purchases, Balance Transfers, Cash Advances, INTEREST CHARGES, your use of any of our banking locations or facilities, or any means you use to access your Account; (2) any claims that arose before you and we entered into this Agreement (such as disputes related to advertising) and after the termination of this Agreement; (3) Accounts. Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as an authorized usera joint account holder, a account beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy; (4) . Disputes include not only claims that relate directly to usthe Credit Union, but also our parent, its affiliates, successors, assignees, officers, directors, employees, and agents agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made; (5) . Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made asserted as counterclaims, cross-claims, third third-party claims, interpleaders or otherwise; (6) and claims made as part of a class action independently or with other representative action, being expressly understood and agreed that arbitration of such claims must proceed on an individual (non-class, non-representative) basis; and (7) claims relating to the enforceability or interpretation of this arbitration provisionclaims. A If party who initiates a proceeding in court regarding a claim or dispute which is included under this Resolution of Disputes by Arbitration provision, the other party may elect to proceed in arbitration with respect pursuant to any dispute advanced in that proceeding this Resolution of Disputes by any other party. This arbitration provision shall survive any termination of this Agreement or your AccountArbitration provision.

Appears in 1 contract

Samples: Membership Agreement

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Disputes Covered by Arbitration. Except as otherwise provided, any YOU ACKNOWLEDGE THAT IN ARBITRATION THERE WILL BE NO RIGHT TO A JURY TRIAL. Any claim or dispute relating to or arising out of your Account Accounts or this Agreement, including any aspect of any agreement governed by this Agreement, or prior or later versions of this Agreement, and any changes to the terms of this Agreement our relationship will be subject to arbitration, regardless of whether that dispute arose before or after your receipt of this notice. Except Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly providedunderstood and agreed to that the arbitration of such claims must proceed on an individual (non-class, all non-representative) basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All disputes are subject to arbitration, no matter the what legal theory they are based on, or what remedy (damages, or injunctive or declaratory relief) soughtthey seek. Disputes include (1) any unresolved claims concerning any services relating to your Account, including, without limitation, Purchases, Balance Transfers, Cash Advances, INTEREST CHARGES, your use of any of our banking locations or facilities, or any means you use to access your Account; (2) any claims that arose before you and we entered into this Agreement (such as disputes related to advertising) and after the termination of this Agreement; (3) Accounts. Disputes include not only claims made directly by you, but also made by anyone connected with you You or claiming through you, such as an authorized usera joint account holder, a account beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy; (4) . Disputes include not only claims that relate directly to usthe Credit Union, but also our parent, its affiliates, successors, assignees, officers, directors, employees, and agents agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made; (5) . Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made asserted as counterclaims, cross-claims, third third-party claims, interpleaders or otherwise; (6) and claims made as part of a class action independently or with other representative action, being expressly understood and agreed that arbitration of such claims must proceed on an individual (non-class, non-representative) basis; and (7) claims relating to the enforceability or interpretation of this arbitration provisionclaims. A If party who initiates a proceeding in court regarding a claim or dispute which is included under this Resolution of Disputes by Arbitration provision, the other party may elect to proceed in arbitration with respect pursuant to any dispute advanced in that proceeding this Resolution of Disputes by any other party. This arbitration provision shall survive any termination of this Agreement or your AccountArbitration provision.

Appears in 1 contract

Samples: Membership and Account Agreement

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