Common use of Notice of Dispute and Arbitration Procedures Clause in Contracts

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. Chicago, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx Any Notice of Dispute sent to you by Zero Hash and/or ZHLS will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers to which the claim relates. If the parties do not reach an agreement to resolve the claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties may commence an arbitration proceeding with the AAA. If the parties attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA receives the request to initiate arbitration. No party will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any party until after the arbitrator issues a final award resolving the claim. A form for initiating arbitration proceedings is available on the AAA’s website at xxxx://xxx.xxx.xxx. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any party) is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (to any party) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Chicago, Illinois, U.S.A. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the parties, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules.

Appears in 12 contracts

Samples: Services User Agreement, Services User Agreement, Services User Agreement

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Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim Claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS us should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. ChicagoBMO Xxxxxx Bank P.O. Box 88840 Carol Stream, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx IL 60188-8840 Any Notice of Dispute sent to you by Zero Hash and/or ZHLS us will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claimClaim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers number to which the claim Claim relates. If the parties we and you do not reach an agreement to resolve the claim Claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties you or we may commence an arbitration proceeding with the AAAproceeding. If the parties you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA receives the request to initiate arbitration. No party Neither you nor we will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any either party until after the arbitrator issues a final award resolving the claimClaim. A form for initiating arbitration proceedings is available on the AAA’s website at xxxx://xxx.xxx.xxxxxx.xxx.xxx. After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee unless the value of the relief sought in your Claim(s) is greater than $75,000. The maximum filing fee to be paid by you is currently $125 for Claims up to $10,000 and $375 for Claims over $10,000 and up to $75,000. However, these fees are subject to change at the discretion of the AAA. In addition, if you or we initiate an arbitration proceeding in which the value of the relief sought (either to you or to us) is greater than $75,000, the payment of all AAA filing, administration and arbitrator fees will be governed by the AAA Rules. If you are unable to pay your share of the filing fee, we will pay it directly to the AAA upon receiving a written request from you at the notice address provided above. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or Rules as modified by this User Agreement, Agreement and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxxxxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims Claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any partyeither to you or to us) is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to any partyyou or to us) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place within the federal judicial district where the address associated with your Account as identified in Chicagoour records at the time the arbitration is commenced is located or, Illinoisif that location is inconvenient to you, U.S.A. at some other location that the parties agree is convenient. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the partiesyou and us, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules. Except as otherwise provided herein, we will pay the filing, administration and arbitrator fees charged by the AAA for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.

Appears in 1 contract

Samples: Box Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim Claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS us should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. ChicagoBMO P.O. Box 88840 Carol Stream, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx IL 60188-8840 Any Notice of Dispute sent to you by Zero Hash and/or ZHLS us will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claimClaim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers number to which the claim Claim relates. If the parties we and you do not reach an agreement to resolve the claim Claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties you or we may commence an arbitration proceeding with the AAAproceeding. If the parties you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall may not commence administration of arbitration proceedings for at least forty-forty- five (45) days after the AAA receives the request to initiate arbitration. No party Neither you nor we will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any either party until after the arbitrator issues a final award resolving the claimClaim. A form for initiating arbitration proceedings is available on the AAA’s website at xxxx://xxx.xxx.xxxxxx.xxx.xxx. After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee unless the value of the relief sought in your Claim(s) is greater than $75,000. The maximum filing fee to be paid by you is currently $200 for all Claims regardless of amount. However, these fees are subject to change at the discretion of the AAA. In addition, if you or we initiate an arbitration proceeding in which the value of the relief sought (either to you or to us) is greater than $75,000, the payment of all AAA filing, administration and arbitrator fees will be governed by the AAA Rules. If you are unable to pay your share of the filing fee, we will pay it directly to the AAA upon receiving a written request from you at the notice address provided above. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or Rules as modified by this User Agreement, Agreement and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxxxxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims Claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any partyeither to you or to us) is $10,000 25,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to any partyyou or to us) exceeds $10,00025,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place within the federal judicial district where the address associated with your Account as identified in Chicagoour records at the time the arbitration is commenced is located or, Illinoisif that location is inconvenient to you, U.S.A. at some other location that the parties agree is convenient. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the partiesyou and us, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules. Except as otherwise provided herein, we will pay the filing, administration and arbitrator fees charged by the AAA for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.

Appears in 1 contract

Samples: Box Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS should be addressed to: Attn: Chief Legal Officer General Counsel Zero Hash LLC and Zero Hash Liquidity Services LLC 000 0 X. Xxxxxxxx Xx. XxXxxxx St., Suite 1400 Chicago, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx IL 60602 Any Notice of Dispute sent to you Participant by Zero Hash and/or ZHLS will be sent to the email address and/or address in our records that is associated with your Account Participant Accounts at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers to which the claim relates. If the parties Zero Hash and Participant do not reach an agreement to resolve the claim described in the Notice of Dispute within forty-forty- five (45) days after the Notice of Dispute is received, the parties Participant or Zero Hash may commence an arbitration proceeding with the AAA. If the parties Participant or Zero Hash attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA receives the request to initiate arbitration. No party Neither Participant nor Zero Hash will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any either party until after the arbitrator issues a final award resolving the claim. A form for initiating arbitration proceedings is available on the AAA’s website web site at xxxx://xxx.xxx.xxx. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any partyeither to Participant or to Zero Hash) is $10,000 or less, you Zero Hash agrees that Participant may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to any partyParticipant or to Zero Hash) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Chicago, Illinois, U.S.A. . Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the partiesParticipant and Zero Hash, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules.

Appears in 1 contract

Samples: Hash LLC Services Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim Claim must first send to the other a letter describing the claim and containing the information described below Claim (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS us should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. ChicagoBMO Xxxxxx Bank N.A. P.O. Box 88840 Carol Stream, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx IL 60188-8840 Any Notice of Dispute sent to you by Zero Hash and/or ZHLS us will be sent to the email address and/or address in our records that is associated with your Account you at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claimClaim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers your Card number to which the claim Claim relates. If the parties we and you do not reach an agreement to resolve the claim Claim described in the Notice of Dispute within forty-five (45) 45 days after the Notice of Dispute is received, the parties you or we may commence an arbitration proceeding with the AAAproceeding. If the parties you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) 45 days after the AAA receives the request to initiate arbitration. No party will Neither you nor we shall disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any either party until after the arbitrator issues a final award resolving the claimClaim. A form for initiating arbitration proceedings is available on the AAA’s website at xxxx://xxx.xxx.xxxxxx.xxx. After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee unless the value of the relief sought in your Claim(s) is greater than $75,000. The maximum filing fee to be paid by you is currently $200 for all Claims regardless of amount. However, these fees are subject to change at the discretion of the AAA. In addition, if you or we initiate an arbitration proceeding in which the value of the relief sought (either to you or to us) is greater than $75,000, the payment of all AAA filing, administration and arbitrator fees will be governed by the AAA Rules (as defined below). If you are unable to pay your share of the filing fee, we will pay it directly to the AAA upon receiving a written request from you at the notice address provided above. The arbitration will be governed by the AAA’s Commercial Dispute Resolution ProceduresProcedures and the Supplementary Procedures for Consumer Related Disputes (collectively, as amended from time to time (the “AAA Rules”) or of the AAA, as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxxxxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims Claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any partyeither to you or to us) is $10,000 25,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to any partyyou or to us) exceeds $10,00025,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place within the federal judicial district where the address associated with you as identified in Chicagoour records at the time the arbitration is commenced is located or, Illinoisif that location is inconvenient to you, U.S.A. at some other location that the parties agree is convenient. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the partiesyou and us, any award will be rendered by the arbitrator not later than fourteen (14) 14 days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules. Except as otherwise provided herein, we will pay the filing, administration and arbitrator fees charged by the AAA for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.

Appears in 1 contract

Samples: Cardholder Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS Zero Hash Liquidity Services should be addressed to: Attn: Chief Legal Officer General Counsel Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. Chicago, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx Any Notice of Dispute sent to you by Zero Hash and/or ZHLS will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers to which the claim relates. If the parties do not reach an agreement to resolve the claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties may commence an arbitration proceeding with the AAA. If the parties attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA receives the request to initiate arbitration. No party will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any party until after the arbitrator issues a final award resolving the claim. A form for initiating arbitration proceedings is available on the AAA’s website web site at xxxx://xxx.xxx.xxx. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-non- individualized relief, are for the court to decide. If the value of the relief sought (by any party) is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (to any party) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Chicago, Illinois, U.S.A. . Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the parties, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules.

Appears in 1 contract

Samples: Hash User Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. Chicago, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx Any Notice of Dispute sent to you by Zero Hash and/or ZHLS will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers to which the claim relates. If the parties do not reach an agreement to resolve the claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties may commence an arbitration proceeding with the AAA. If the parties attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA receives the request to initiate arbitration. No party will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any party until after the arbitrator issues a final award resolving the claim. A form for initiating arbitration proceedings is available on the AAA’s website at xxxx://xxx.xxx.xxxhttp:// xxx.xxx.xxx. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any party) is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (to any party) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Chicago, Illinois, U.S.A. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the parties, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules.

Appears in 1 contract

Samples: User Agreement

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Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS Zero Hash Liquidity Services should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. Chicago, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx Any Notice of Dispute sent to you by Zero Hash and/or ZHLS will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers to which the claim relates. If the parties do not reach an agreement to resolve the claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties may commence an arbitration proceeding with the AAA. If the parties attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA receives the request to initiate arbitration. No party will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any party until after the arbitrator issues a final award resolving the claim. A form for initiating arbitration proceedings is available on the AAA’s website web site at xxxx://xxx.xxx.xxx. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any party) is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (to any party) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Chicago, Illinois, U.S.A. . Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the parties, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules.

Appears in 1 contract

Samples: User Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim Claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS us should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. ChicagoBMO Xxxxxx Bank P.O. Box 88840 Carol Stream, Illinois, U.S.A. 60607 xxxxx@xxxxxxxx.xxx IL 60188-8840 Any Notice of Dispute sent to you by Zero Hash and/or ZHLS us will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: must (a) describe the nature and basis of the claimClaim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers number to which the claim Claim relates. If the parties we and you do not reach an agreement to resolve the claim Claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties you or we may commence an arbitration proceeding with the AAAproceeding. If the parties you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall may not commence administration of arbitration proceedings for at least forty-forty- five (45) days after the AAA receives the request to initiate arbitration. No party Neither you nor we will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any either party until after the arbitrator issues a final award resolving the claimClaim. A form for initiating arbitration proceedings is available on the AAA’s website at xxxx://xxx.xxx.xxxxxx.xxx.xxx. After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee unless the value of the relief sought in your Claim(s) is greater than $75,000. The maximum filing fee to be paid by you is currently $200 for all Claims regardless of amount. However, these fees are subject to change at the discretion of the AAA. In addition, if you or we initiate an arbitration proceeding in which the value of the relief sought (either to you or to us) is greater than $75,000, the payment of all AAA filing, administration and arbitrator fees will be governed by the AAA Rules. If you are unable to pay your share of the filing fee, we will pay it directly to the AAA upon receiving a written request from you at the notice address provided above. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”) or Rules as modified by this User Agreement, Agreement and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxxxxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator to decide, except that issues relating to the arbitrability of claims Claims or the scope, and enforceability of this arbitration provision, including the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any partyeither to you or to us) is $10,000 25,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (either to any partyyou or to us) exceeds $10,00025,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place within the federal judicial district where the address associated with your Account as identified in Chicagoour records at the time the arbitration is commenced is located or, Illinoisif that location is inconvenient to you, U.S.A. at some other location that the parties agree is convenient. Regardless of the manner in which the arbitration is conducted, the arbitrator, upon the request of either party made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAA), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the partiesyou and us, any award will be rendered by the arbitrator not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s transmittal of the final statements and proofs to the arbitrator in accordance with the AAA Rules. Except as otherwise provided herein, we will pay the filing, administration and arbitrator fees charged by the AAA for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.

Appears in 1 contract

Samples: Box Agreement

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a claim must first send to the other a letter describing the claim and containing the information described below (a “Notice of Dispute”). Any Notice of Dispute sent to Zero Hash and/or ZHLS should be addressed to: Attn: Chief Legal Officer Zero Hash LLC and Zero Hash Liquidity Services LLC 000 X. Xxxxxxxx Xx. ChicagoXxxxxxx, Illinois, U.S.A. 60607 Xxxxxxxx 00000 Xxxxxx Xxxxxx xxxxx@xxxxxxxx.xxx Any Notice of Dispute sent to you by Zero Hash and/or ZHLS will be sent to the email address and/or address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must: (a) describe the nature and basis of the claim; (b) set forth the specific relief sought; (c) set forth the name and address of the claimant; and (d) include the Account numbers to which the claim relates. If the parties do not reach an agreement to resolve the claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, the parties may commence an arbitration proceeding with through the AAANew Era Platform. If the parties attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA Neutral(s) shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA New Era Platform receives the request to initiate arbitration. No party will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by any party until after the arbitrator Neutral(s) issues a final award resolving the claim. A form The process for initiating arbitration proceedings is available on the AAA’s New Era Platform website at xxxx://xxx.xxx.xxx. xxxxx://xxxxxxxxx.xxx/. The arbitration will be governed by the AAA’s Commercial Dispute Resolution Procedures, as amended from time to time (the “AAA Rules”Neutral(s) or as modified by this User Agreement, and will be administered by the AAA. The AAA Rules are available online at xxxx://xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by writing to the notice address provided above. The arbitrator is bound by the terms of this User Agreement. All issues are for the arbitrator Neutral(s) to decide, except that including issues relating to the of arbitrability of claims or the scope, and enforceability of this arbitration provision, including provision and the interpretation of the prohibition of class and representative actions and non-individualized relief, are for the court to decide. If the value of the relief sought (by any party) is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the value of the relief sought (to any party) exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing will take place in Chicago, Illinois, U.S.A. Regardless of the manner in which the arbitration is conducted, the arbitratorNeutral(s), upon the request of either party party, the cost of which to be borne by the requesting party, made prior to the closing of the hearing (or, if there is no oral hearing, prior to or along with submission of final documents to the AAANeutral(s)), will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award, if any, is based. Unless otherwise agreed by the parties, any award will be rendered by the arbitrator Neutral(s) not later than fourteen (14) days from the date of the closing of the hearing or, if there is no oral hearing, from the date of the AAA’s Neutral(s)’ transmittal of the final statements and proofs to the arbitrator in accordance with the AAA New Era Platform Rules. All arbitration hearings and procedures shall be conducted in the English language. Notwithstanding anything herein to the contrary, each party acknowledges that a breach of this User Agreement may cause the other party irreparable injury and damage and therefore may be enjoined through injunctive or other equitable proceedings in addition to any other rights and remedies which may be available to such other party at law or in equity without the requirement of having to post a bond or other security (if legally permissible), and each party hereby consents to the jurisdiction of any federal or state courts located in Chicago, Illinois, U.S.A. with respect to any such action. The parties expressly waive any objection based on personal jurisdiction, venue, or forum non conveniens.

Appears in 1 contract

Samples: Services User Agreement

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