Xxxxxxxxxxx and Waiver of Class Action (Consumer Banking Accounts Only Sample Clauses

Xxxxxxxxxxx and Waiver of Class Action (Consumer Banking Accounts Only. For disputes involving Consumer Banking accounts, you and the Bank agree that we will attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services the Bank has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the Bank (hereafter referred to in this section as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Arbitration Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (the “Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Arbitration Effective Date, will, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx or, upon request a copy of the Rules will be provided to you by the Bank. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS DEPOSIT ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement will be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or regulator, nor does it prevent such agency or regulator from seeking relief on your behalf. This Arbitration Agreement will not apply to claims that are init...