RESOLVING CLAIMS. If you and the Credit Union are not able to resolve a claim ourselves, then you and we agree that the claim will be resolved as provided in this Resolving Claims Section. This is a dispute resolution provision. Please read it carefully.
RESOLVING CLAIMS. If you and we are not able to resolve a claim ourselves, then you and we agree the claim will be resolved as provided in this Resolving Claims section. This is a dispute resolution provision. Please read it carefully. What does “Claim” Mean? Claim means any claim, dispute or controversy (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief) by either you or us against the other, or against the employees or agents of the other, arising from or relating in any way to this deposit agreement (including any renewals, extensions or modifications) or the deposit relationship between us. Claim does not include provisional or ancillary remedies from a court of competent jurisdiction, which either you or we may exercise without waiving the right to arbitration or reference.
RESOLVING CLAIMS. If you and we are not able to resolve a claim ourselves, then you and we agree that the claim will be resolved as provided in this Resolving Claims section. This is a dispute resolution provision. Please read it carefully. What does “Claim” Mean? Claim means any claim, dispute or contro- versy (whether under a statute, in contract, tort or otherwise, and whether for money damages, penalties, or declaratory or equi- table relief) by either you or us against the other, or against the employees or agents of the other, arising from or relating in any way to this Agreement (including any renewals, extensions or modifications) or the deposit relationship between us. Claim does not include provisional or ancillary remedies from a court of competent jurisdiction, which either you or we may exercise without waiving the right to arbitration or reference. How Claims on Personal Accounts Will Be Resolved You and we both agree that all Claims relating to a personal account will be resolved in court by a judge without a jury, as permitted by law.
RESOLVING CLAIMS. If you and the Credit Union are not able to resolve a claim ourselves, then you and we agree that the claim will be resolved as provided in this Resolving Claims Section. This is a dispute resolution provision. Please read it carefully. What does “Claim” Mean? Claim means any claim, dispute or controversy (whether under a statute, in contract, tort or otherwise and whether for money damages, penalties or declaratory or equitable relief) by either you or the Credit Union against the other; or against any employee, agent or volunteer of the other, arising from or relating in any way to this Agreement or any Agreements to which the Membership Account Agreement & Disclosures apply, in any manner (including any renewals, extensions or modifications) or any relationships between us. How Claims will be Resolved JURY TRIAL AND CLASS ACTION WAIVER AS PERMITTED BY LAW, YOU AND WE AGREE AND UNDERSTAND THAT YOU AND WE BOTH GIVE UP THE RIGHT TO TRIAL BY JURY. THIS IS A JURY TRIAL WAIVER. AS PERMITTED BY LAW YOU AND WE AGREE AND UNDERSTAND THAT YOU AND WE BOTH AGREE THAT WE ARE PRECLUDED FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS ACTION OF JOINING OR CONSOLIDATING THE CLAIMS OF OTHER PERSONS. THIS IS A CLASS ACTION WAIVER. You and we both agree that all Claims will be resolved in court by a judge without a jury trial, as permitted by law. However, if permitted by law, then instead of a trial by judge without a jury trial, any claim(s) will be sent to a judicial reference to be heard by a neutral individual (commonly referred to a “referee”) which remains in the court system subject to the same rules of procedure, discovery, evidence and appeal. The judicial referee will generally be an active or retired judge or attorney with 10 or more years of experience, chosen by mutual agreement between you and the Credit Union. If we are unable to agree on a judicial referee, then the referee will be appointed according to the procedure for appointment under applicable law. The judicial referee, sitting alone without a jury, will decide questions of law and fact; and will resolve the Claim. This includes the applicability of the Resolving Claims Section and the validity of the Membership Account Agreement & Disclosures. Judicial reference will be governed by applicable laws of the state having jurisdiction of any Claim. If permitted by law the referee is empowered to provide all temporary or provisional remedies and rule on any motion that would be authorized in pretr...
RESOLVING CLAIMS. If a Claim is brought, Gearset shall have the right in its absolute discretion and at its own expense: (i) to procure the right for the Customer to continue using the Subscription in accordance with the terms of this Agreement; (ii) to make such alterations, modifications or adjustments to the Subscription so that they become non-infringing; or (iii) to replace the Subscription with non-infringing services. If Gearset is unable to resolve a Claim by taking one of the actions under clause 10.2, Gearset shall have the right to terminate this Agreement upon repayment to the Customer of the Subscription Fee on a pro rata basis and such right shall be the Customer’s sole and exclusive remedy under this Agreement in respect of any such Claim.
RESOLVING CLAIMS. ARBITRATION PROVISION READ THIS ARBITRATION PROVISION CAREFULLY: IT WILL IMPACT HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. Under the terms of this Arbitration Provision, and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with the terms specified herein, if you or we elect it. These provisions shall apply to any claim arising or relating to any Claim existing now or in the future and shall apply to existing and future accounts. YOUR RIGHT TO OPT OUT; EFFECT OF ARBITRATION. This Arbitration Provision will apply to you and us and to your account as of the date your account was opened (or, if you are an existing member, as of the date of this Arbitration Provision), unless you opt out by providing proper and timely notice as set forth below. If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person. The terms in this Section shall not limit or constrain our right to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to collect any fees, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies. This Arbitration Provision will survive the termination of your Membership and Account Agreement. See further details below.
RESOLVING CLAIMS. If all parties are not able to resolve a claim personally, then parties agree that the claim will be resolved as provided in this Resolving Claims Section. This is a dispute resolution provision. Please read it carefully.
RESOLVING CLAIMS. In this section, “Claim” means any claim, dispute or controversy by either you or us against the other, or against the employees or agents of the other, arising from or relating in any way to this Agreement or the deposit relationship between us. Provisions in this section limit your rights to a jury trial. You should review this section carefully.
RESOLVING CLAIMS. In the event of a Claim Against Customer, Gearset shall have the right in its absolute discretion and at its own expense: (i) to procure the right for the Customer to continue using the Services in accordance with the terms of this Agreement; (ii) to make such alterations, modifications or adjustments to the Services so that they become non-infringing; or (iii) to replace the Services with non-infringing services, in each case provided that there is no material decrease in the scope or functionality of the Services. If Gearset is unable to resolve a Claim Against Customer by taking one of the actions under clause this clause 10.2, Gearset shall have the right to terminate this Agreement upon repayment to the Customer of the Subscription Fee for Services paid for but not yet rendered as of the effective date of termination on a pro rata basis and, together with the indemnity granted in clause 10.1 above, such right shall be the Customer’s sole and exclusive remedy under this Agreement in respect of any such Claim Against Customer.
RESOLVING CLAIMS. If a Claim is brought against Customer, Gearset shall have the right in its absolute discretion and at its own expense: (i) to procure the right for the Customer to continue using the Services in accordance with the terms of this Agreement; (ii) to make such alterations, modifications or adjustments to the Services so that they become non-infringing; or (iii) to replace the Services with non-infringing services. If Gearset is unable to resolve a Claim by taking one of the actions under clause this clause 10.2, Gearset shall have the right to terminate this Agreement upon repayment to the Customer of the Subscription Fee for Services paid for but not yet rendered as of the effective date of termination on a pro rata basis and, together with the indemnity granted in clause 10.1 above, such right shall be the Customer’s sole and exclusive remedy under this Agreement in respect of any such Claim.
