Common use of Prohibition of Class and Representative Actions and Non-Individualized Relief Clause in Contracts

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 4 contracts

Samples: Paypal Account User Agreement, Paypal Account User Agreement, Paypal Account User Agreement

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Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class Arbitrate and Representative Actions and Non- Individualized Relief section above, shall be for issues that this Agreement to Arbitrate indicates that a court of competent jurisdiction to decidecan resolve. The Any arbitration will be conducted administered by the American Arbitration Association (referred to as the "AAA") under its rules and procedures). For all claims in which the value of the relief sought is $10,000 or less, including the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. A party who intends In the event that the AAA is unavailable to seek administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 25,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require unless any party requests an in-person hearingperson, if telephonic, or videoconference hearing or the circumstances warrantarbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephonetelephone or videoconference, unless the arbitrator(s) require arbitrator requires otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 4 contracts

Samples: Paypal User Agreement, Paypal User Agreement, Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxP.O. Box 45950, Xxx XxxxOmaha, XX 00000NE 68145-0950. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims the party is asserting you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 45 days after the notice is sentreceived by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's ’s website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Paypal User Agreement, Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxX.X. Xxx 00000, Xxx XxxxXxxxx, XX 00000-0000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims the party is asserting you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 45 days after the notice is sentreceived by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's ’s website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Paypal User Agreement, Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal Metal X agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class class, consolidated, collective, or representative action or proceeding. Unless both you and PayPal Metal X agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative representative, collective, or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other PayPal customersMetal X Users. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement these Terms as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules AAA Rules are available at xxx.xxx.xxx. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Agreement to Arbitrate evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement to Arbitrate or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPalMetal Costs of Arbitration Payment of all filing, Inc.administration, Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal and arbitrator fees will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on governed by the AAA's website at xxx.xxx.xxx. The arbitration shall be held rules, unless otherwise stated in the county in which you reside or at another mutually agreed locationthis Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration conducted arbitration. Any request for payment of fees by telephone or based solely on written submissions, which election shall Metal X should be binding on you and PayPal subject submitted by mail to the discretion AAA along with your Demand for Arbitration and Metal X will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Metal X will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to require an in-person hearing, if prevent the circumstances warrantcost of accessing the arbitration from being prohibitive. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the event the arbitrator(s) require otherwisedetermine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Metal X for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA's rules. Any settlement offer made by you Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or PayPal unenforceable, the other parts of this Agreement to Arbitrate shall not still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, null and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customersvoid, but is/are bound by rulings in prior arbitrations involving the same PayPal customer remainder of these Terms will continue to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereofapply.

Appears in 2 contracts

Samples: Metal X User Agreement, Metal X User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxX.X. Xxx 00000, Xxx XxxxXxxxx, XX 00000-0000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims the party is asserting you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 45 days after the notice is sentreceived by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's ’s website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Paypal User Agreement, Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxP.O. Box 45950, Xxx XxxxOmaha, XX 00000NE 68145-0950. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims the party is asserting you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 45 days after the notice is sentreceived by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's ’s website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx. A party who intends to seek arbitration must first send the other party, by certified mail, a completed form Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. Opt-Out Procedure If you are a new PayPal customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice to PayPal, Inc., Attn: Litigation Department, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. For your convenience, we are providing an opt-out notice form you must complete and mail to opt out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Appears in 1 contract

Samples: Paypal User Agreement About Your Account

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the ma other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or repres proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a pr consolidated, representative or class proceeding. Also, the pro arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking in relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration laws uses a neutral arbitrator or arbitrators instead of a judge or jury, and ins court review of an arbitration award is very limited. However, the v arbitrator(s) can award the same damages and relief on an damage individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a o court would. All issues are for the arbitrator(s) to decide, except arbitr that issues relating to arbitrability, the scope or enforceability of sc this Agreement to Arbitrate, or the interpretation of the Prohibition interp of Class and Representative Actions and Non- Individualized a Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and u procedures, including the AAA's Consumer Arbitration Rules (as Consu applicable), as modified by this Agreement to Arbitrate. The AAA's Agreem rules are available at xxx.xxx.xxx. A party who intends to seek pa arbitration must first send the other party, by certified mail, a party completed Notice of Dispute. You should send this notice to shou PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will Xxx send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your resp address up to date. All information called for in the notice must be calle provided including a description of the nature and basis of the n claims the party is asserting and the relief sought. relie If you and PayPal are unable to resolve the claims described in the t notice within 30 days after the notice is sent, you or PayPal may s initiate arbitration proceedings. A form for initiating arbitration f proceedings is available on the AAA's website at xxx.xxx.xxx. w The arbitration shall be held in the county in which you reside or at count another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the a discretion of the arbitrator(s) to require an in-person hearing, if the a circumstances warrant. In cases where an in-person hearing is held, a you and/or PayPal may attend by telephone, unless the arbitrator(s) telepho require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). ) The arbitrator(s) will decide the substance of all claims in substanc accordance with applicable law, including recognized principles of includin equity, and will honor all claims of privilege recognized by law. privi The arbitrator(s) shall not be bound by rulings in prior arbitrations r involving different PayPal customers, but is/are bound by rulings in bu prior arbitrations involving the same PayPal customer to the extent Pay required by applicable law. The award of the arbitrator(s) shall be o final and binding, and judgment on the award rendered by the a arbitrator(s) may be entered in any court having jurisdiction thereofCosts of Arbitration Payment of all filing, administration, an governed by the AAA's rules, unless oth Agreement to Arbitrate. If the value of t or less, at your request, PayPal will pay and arbitrator fees associated with the ar payment of fees by PayPal should be sub along with your Demand for Arbitration arrangements to pay all necessary fees d value of the relief sought is more than $1 demonstrate that the costs of accessing a prohibitive as compared to the costs of a purposes of pursuing litigation on an ind pay as much of the filing, administration arbitrator(s) deem necessary to prevent t arbitration from being prohibitive. In the determine the claim(s) you assert in the you agree to reimburse PayPal for all fee arbitration paid by PayPal on your xxxxx be obligated to pay under the AAA's rule Severability With the exception of any of the provisi Class and Representative Actions and Relief section above, if a court decides t Agreement to Arbitrate is invalid or une of this Agreement to Arbitrate shall still that any of the provisions in the Prohibi Representative Actions and Non-Indiv above is invalid or unenforceable becaus exercise of a non-waivable right to pursu then any dispute regarding the entitleme that relief) must be severed from arbitrat court. All other disputes subject to arbitr Agreement to Arbitrate shall be arbitrate Opt-Out Procedure If you are a new PayPal customer, you c Agreement to Arbitrate by mailing us a opt-out notice must be postmarked no la date you accept this user agreement for t mail the opt-out notice to PayPal, Inc., A 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 95 For your convenience, we are providing must complete and mail to opt out of thi You must complete this form by providi calls for, including your name, address, email address(es) used to log in to the Pa the opt-out applies. You must sign the o effective. This procedure is the only way Agreement to Arbitrate. If you opt out o Arbitrate, all other parts of the user agre apply. Opting out of this Agreement to A any previous, other, or future arbitration have with us.

Appears in 1 contract

Samples: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxX.X. Xxx 00000, Xxx XxxxXxxxx, XX 00000-0000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims the party is asserting you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class Arbitrate and Representative Actions and Non- Individualized Relief section above, shall be for issues that this Agreement to Arbitrate indicates that a court of competent jurisdiction to decidecan resolve. The Any arbitration will be conducted administered by the American Arbitration Association (referred to as the "AAA") under its rules and procedures). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, including the AAA's ’s Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's ’s rules are available at xxx.xxx.xxx. A party who intends In the event that the AAA is unavailable to seek administer the arbitration, another administrator will be selected by the parties or by the court. Any arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 25,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to unless any party requests an in- person, telephonic, or videoconference hearing or the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrantarbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephonetelephone or videoconference, unless the arbitrator(s) require arbitrator requires otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) No court or arbitrator shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are a court or arbitrator will be bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator(s) arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or PayPal’s claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.

Appears in 1 contract

Samples: Paypal User Agreement

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Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx. A party who intends to seek arbitration must first send the other party, by certified mail, a completed form Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) arbitrator also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, and the scope or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The Any arbitration will be conducted administered by the American Arbitration Association (referred to as the "AAA") under its rules and procedures). For all claims, including the AAA's Consumer Arbitration Rules (in effect at the time the arbitration is commenced, as applicable), and as modified by this Agreement to Arbitrate, shall apply, including the AAA’s rules regarding Multiple Consumer Case Filings. The AAA's ’s rules are available at xxx.xxx.xxx. A party who intends In the event that the AAA is unavailable to seek arbitration administer the arbitration, another administrator will be selected by the parties or by the court. Before bringing any dispute or claim, you or PayPal must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxX.X. Xxx 00000, Xxx XxxxXxxxx, XX 00000-0000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with the customer’s PayPal account, a description of the nature and basis of the claims that are being asserted, a statement of the party is asserting and the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party. You and PayPal each agree to negotiate disputes and claims in good faith and to make a good faith effort to resolve disputes and claims. You and PayPal agree not to commence any arbitration or small claims court proceeding unless the parties are unable to resolve the claim within 45 days after the other party receives the Notice of Dispute. If you and PayPal are unable to resolve the claims described in the notice within 30 45 days after the notice is sentreceived, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's ’s website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Classand Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in the Prohibition of Classand Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non- waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

Appears in 1 contract

Samples: User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the For all claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect the AAA’s Consumer Arbitration Rules, as modified by this Agreement to have Arbitrate, shall apply without exception. For all other claims, the arbitration conducted AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by telephone or based solely on written submissionsthis Agreement to Arbitrate, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrantapply. The AAA’s rules are available at xxx.xxx.xxx. In cases where an in-person hearing the event that the AAA is heldunavailable to administer the arbitration, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not another administrator will be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered selected by the arbitrator(s) may be entered in any court having jurisdiction thereofparties or by the court.

Appears in 1 contract

Samples: Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s 's or party’s 's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s 's individual claim(s). Any relief awarded cannot affect other PayPal customers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including as modified by this Agreement to Arbitrate. For all claims in which the value of the relief sought is $10,000 or less, the AAA's Consumer Arbitration Rules (as applicable)Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA's rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation DepartmentLegal Specialists, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxX.X. Xxx 00000, Xxx XxxxXxxxx, XX 00000-0000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All To be valid, the Notice of Dispute must contain all information called for in the notice must be provided Notice of Dispute form, including the email address and phone number associated with your PayPal account, a description of the nature and basis of the claims the party is asserting you are asserting, and the specific relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 45 days after the notice is sentreceived by PayPal, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require an in-in- person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

Appears in 1 contract

Samples: Paypal User Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) arbitrator may not consolidate or join more than one person’s 's or party’s 's claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s 's individual claim(s). Any relief awarded cannot affect other PayPal customersPayPalcustomers. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Individualized Relief section above, shall be for issues that this Agreement to Arbitrate indicates that a court of competent jurisdiction to decidecan resolve. The Any arbitration will be conducted administered by the American Arbitration Association (referred to as the "AAA") under its rules and procedures). For all claims, including the AAA's Consumer Arbitration Rules (in effect at the time the arbitration is commenced, as applicable), and as modified by this Agreement to Arbitrate. , shall apply.The AAA's rules are available at xxx.xxx.xxx. A party who intends In the event that the AAA is unavailable or unwilling to seek administer the arbitration must first send consistent with this Agreement to Arbitrate, another administrator will be selected by the other party, parties or by certified mail, a completed Notice of Disputethe court. You should send this notice to PayPal at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000. PayPal will send any notice to you to the address we have on file associated with your PayPal account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal may initiate Any arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 25,000 or less, you or PayPal may elect to have the arbitration will be conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal subject to the discretion of the arbitrator(s) to require unless any party requests an in-person hearingperson, if telephonic, or videoconference hearing or the circumstances warrantarbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or PayPal may attend by telephonetelephone or videoconference, unless the arbitrator(s) require arbitrator requires otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) No court or arbitrator shall not be bound by rulings in prior arbitrations involving different PayPal customers, but is/are a court or arbitrator will be bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator(s) arbitrator may be entered in any court anycourt having jurisdiction thereof.. Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the AAA or arbitrator fees as the arbitratordeems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, then you or PayPal may seek to recover from you or PayPal any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law. Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non- Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section

Appears in 1 contract

Samples: Platform Seller Account Agreement

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PayPal Metal X agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class class, consolidated, collective, or representative action or proceeding. Unless both you and PayPal Metal X agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative representative, collective, or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other PayPal customersMetal X Users. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement these Terms as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non- Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules AAA Rules are available at xxx.xxx.xxx. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Agreement to Arbitrate evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement to Arbitrate or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to PayPal Metal X at: PayPal, Inc., Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxx XxxxxxGeneral Counsel at Metallicus Inc. 000 0xx Xxxxxx #000, Xxx XxxxXxxxxxxxx, XX 00000. PayPal We will send any notice to you to the address we have on file associated with your PayPal account; it Account. It is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal Metal X are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or PayPal Metal X may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at xxx.xxx.xxx. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PayPal Metal X may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PayPal Metal X subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal or Metal X may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal Metal X shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall will not be bound by rulings in prior arbitrations involving different PayPal customers, customers of ours but is/are bound by rulings in prior arbitrations involving the same PayPal customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Metal X User Agreement

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