Common use of Arbitration Proceedings Clause in Contracts

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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Arbitration Proceedings. If You and Symantec do not reach an agreement No later than fifteen days after the final negotiation meeting, the officers taking part in the negotiation will give written confirmation that they are unable to resolve the claim dispute and that they recommend establishment of formal arbitration. An arbitration panel consisting of three past or present officers of life insurance or reinsurance companies not affiliated with any of the parties in any way will settle the dispute. The party seeking arbitration will appoint one arbitrator and give notice of such appointment to the other party, who must appoint its arbitrator within 30 days. If the notified party does not select an arbitrator within thirty (30) days after the Notice other party has given notice of Claim is receivedappointing an arbitrator, You or Symantec may commence then the American Arbitration Association will appoint an arbitration proceeding (orarbitrator for the party that has failed to do so. The party that has failed to appoint an arbitrator will be responsible for all expenses levied by the American Arbitration Association for such appointment. The two arbitrators will select a third. If the two arbitrators cannot agree on the choice of a third within 30 days of their appointment, alternativelyeach arbitrator shall nominate three candidates within 10 days thereafter, file a claim in small claims court). You may download or copy a form two of notice whom the other shall decline, and a form to initiate arbitration at xxx.xxx.xxxthe decision shall be made by drawing lots. The arbitration proceedings will be governed by conducted according to the Consumer or Commercial Arbitration Rules, as appropriate, Rules of the American Arbitration Association ("AAA") (collectively, which are in effect at the "AAA Rules"), as modified by this License Agreement, and will be administered by time the AAAarbitration begins. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or Hartford, Connecticut unless mutually agreed otherwise. The parties to this Agreement may agree to extend any of the mailing address You provided in Your Notice negotiation or arbitration periods. Within sixty days after the close of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration proceedings the arbitrators will issue a written decision on the dispute and a statement of any award to be paid as a result. The decision will be conducted solely based on the basis terms and conditions of documents submitted to this Agreement as well as the arbitratorusual customs and practices of the insurance and reinsurance industry, through a telephonic hearingrather than on strict interpretation of the law. The written decision will be final and binding and there will be no further appeal, or by an in-person hearing as established except that either party may petition any court having jurisdiction regarding the award rendered by the AAA Rulesarbitrators. If Your claim exceeds U.S. $10,000, Each party will pay the right to a hearing will be determined by the AAA Rules. Regardless fees of the manner in which the arbitration is conductedits own attorneys, the arbitrator shall issue a reasoned written decision sufficient to explain appointed by the essential findings party, and conclusions on which all other expenses connected with the award is basedpresentation of its own case. If The two parties will share equally in the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% cost of the amount awarded, whichever is greaterthird arbitrator. The arbitrator arbitrators shall operate in a fair but cost efficient manner. For example, the arbitrators are not bound by technical rules of evidence and may award declaratory or injunctive relief only in favor limit the use of the individual party seeking relief depositions and only to the extent necessary to provide relief warranted by that party's individual claimdiscovery.

Appears in 3 contracts

Samples: Reinsurance Agreement (PHL Variable Accumulation Account), Reinsurance Agreement (Nassau Life Variable Universal Life Account), Reinsurance Agreement (Nassau Life Variable Accumulation Account)

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 01-000800- 778-000-00007879. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 3 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 3 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.

Appears in 2 contracts

Samples: Norton Services Terms and Conditions, License Agreement

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-0- 000-000-0000. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.

Appears in 2 contracts

Samples: Terms and Conditions For, Terms and Conditions For

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) 30 days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthe Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License AgreementTerms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-in- person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 US500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Arbitration Proceedings. If You The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim defenses that can be asserted in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxxcourt can be asserted through arbitration. The arbitration will arbitrator shall be governed entitled to award the same remedies that a court can award. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the Consumer or Commercial Arbitration Rulescourt and it cannot be appealed. The Credit Union shall pay for any filing, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementadministration, and will be administered arbitrator fees imposed on you by the AAA. The However, you will be responsible for your own attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. However, if the Credit Union prevails, then you will not be required to pay our attorneys’ fees and cost. • Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court • CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. • SEVERABILITY: In the event that the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the remaining provisions will remain fully enforceable. • SURVIVAL: This Arbitration Agreement will survive termination of the Agreement. • RIGHT OF OPT-OUT: You have the right to opt-out of this Arbitration Agreement, provided that you notify the Credit Union of your intent to opt-out within 60 days after it is provided to you. Your opt-out is only effective if you notify us in writing at P.O. Box 10000, Lake Buena Vista, FL 32830 within such 60 day time period. If you fail to opt-out within this 60 day time period, you will be deemed to have consented to the resolution of your Claims through binding arbitration. In the event you opt-out of this Arbitration Agreement, such opt-out will not affect other terms and conditions of your Agreement or your relationship with the Credit Union. FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the procedures, you should check AAA’s website, xxx.xxx.xxx, OR call AAA at 0-(000-) 000-0000. The arbitrator You understand that any debt or loan obligation you may have with us that is bound by subject to the terms of Federal Truth in Lending Act, 15 USC 1601 et seq., is not subject to this License Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.GENERAL DISCLOSURES APPLICABLE TO ALL ACCOUNTS

Appears in 2 contracts

Samples: www.partnersfcu.org, www.partnersfcu.org

Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec NortonLifeLock may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Customer Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Customer Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec NortonLifeLock and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec NortonLifeLock agrees that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s our last written settlement offer made before an arbitrator was selected (or if Symantec We did not make a settlement offer before an arbitrator was selected), then Symantec We will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 2 contracts

Samples: License and Services Agreement, License and Services Agreement

Arbitration Proceedings. If You Arbitration proceedings provide you a fair hearing, but the arbitration procedures are simpler and Symantec do not reach an agreement more limited than rules applicable in court. Arbitration decisions are as enforceable as any court order and are subject to resolve very limited review by a court. Arbitrators can award the claim within thirty (30) days after same remedies including damages and other remedies that a court can award, including public injunctive relief to the Notice extent available under the California Unfair Competition Law and Consumer Legal Remedies Act. Any claims and defenses that can be asserted in court can be asserted through arbitration. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. • CLASS ACTION WAIVER: ANY ARBITRATION UNDER THIS AGREEMENT AND DISCLOSURE WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION. • LOCATION: The place of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by in the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementfederal judicial district where you live, and will be administered by within fifty (50) miles of your residence at the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which time the arbitration is conducted. • COSTS: Logix will advance any filing, administration, and arbitrator fees as imposed by AAA. HOWEVER, IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM IS FRIVOLOUS, UNWARRANTED, OR BROUGHT FOR AN IMPROPER PURPOSE (IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE SECTION 11(B)) YOU WILL RETURN TO LOGIX ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES LOGIX PAID. • ATTORNEYS’ FEES: You will be responsible for your own attorneys’ fees, unless you prevail on the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on merits of your Claim in arbitration, in which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec case Logix will pay You, in addition your attorneys’ fees. You will not be required to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimpay Logix’s attorneys’ fees if Logix prevails.

Appears in 2 contracts

Samples: Membership and Accounts Agreement, Membership and Accounts Agreement

Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec we may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthese Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreementthese Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec we and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec agrees we agree that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s our last written settlement offer made before an arbitrator was selected (or if Symantec we did not make a settlement offer before an arbitrator was selected), then Symantec we will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 2 contracts

Samples: Norton Secure VPN License and Services Agreement, Surfeasy License and Services Agreement

Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreementthese license terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 1 contract

Samples: Symantec Customer Agreement

Arbitration Proceedings. If You you and Symantec Aon do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec Aon may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementthese Service Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreementthese Service Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec Aon and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec Aon agrees that You you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s Aon's last written settlement offer made before an arbitrator was selected (or if Symantec Aon did not make a settlement offer before an arbitrator was selected), then Symantec Aon will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 1 contract

Samples: aon-cybersecure-email.s3.amazonaws.com

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-in- person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 1 contract

Samples: License Agreement

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Arbitration Proceedings. If You The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim defenses that can be asserted in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxxcourt can be asserted through arbitration. The arbitration will arbitrator shall be governed entitled to award the same remedies that a court can award. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the Consumer or Commercial Arbitration Rulescourt and it cannot be appealed. The Credit Union shall pay for any filing, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreementadministration, and will be administered arbitrator fees imposed on you by the AAA. The However, you will be responsible for your own attorney’s fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorney’s fees. However, if the Credit Union prevails, then you will not be required to pay our attorneys’ fees and cost. • Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court • CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. • SEVERABILITY: In the event that the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the remaining provisions will remain fully enforceable. • SURVIVAL: This Arbitration Agreement will survive termination of the Agreement. • RIGHT OF OPT-OUT: You have the right to opt-out of this Arbitration Agreement, provided that you notify the Credit Union of your intent to opt-out within 60 days after it is provided to you. Your opt-out is only effective if you notify us in writing at X.X. Xxx 00000, Xxxx Xxxxx Xxxxx, XX 00000 within such 60 day time period. If you fail to opt-out within this 60 day time period, you will be deemed to have consented to the resolution of your Claims through binding arbitration. In the event you opt-out of this Arbitration Agreement, such opt-out will not affect other terms and conditions of your Agreement or your relationship with the Credit Union. FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the procedures, you should check AAA’s website, xxx.xxx.xxx, OR call AAA at 0-(000-) 000-0000. The arbitrator You understand that any debt or loan obligation you may have with us that is bound by subject to the terms of Federal Truth in Lending Act, 15 USC 1601 et seq., is not subject to this License Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.GENERAL DISCLOSURES APPLICABLE TO ALL ACCOUNTS

Appears in 1 contract

Samples: www.partnersfcu.org

Arbitration Proceedings. If You Arbitration proceedings provide you a fair hearing, but the arbitration procedures are simpler and Symantec do not reach an agreement typically less expensive than going to resolve court. The arbitration shall be conducted in Texas. The arbitrator can award the claim within thirty (30) days after same remedies including damages, injunctive relief and other remedies that a court can award. Discovery will be available for non-privileged information just like in court. Any defenses that would apply to a Claim if it was brought in a court of law shall apply in any arbitration proceeding between us, including defenses based on the Notice expiration of Claim is receivedthe applicable statute of limitations or otherwise relating to the timeliness of the initiation of the Claim, You or Symantec may commence and the commencement of an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form under this Arbitration provision shall be deemed the commencement of notice and a form to initiate arbitration at xxx.xxx.xxxan action for such purposes. The arbitration Arbitrator shall be required to follow the law in rendering an award. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes and except for errors of law, the arbitrator’s award is not subject to review by the court and it cannot be appealed. Any determination as to whether this Arbitration provision is valid or enforceable in part or in its entirety shall be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration. However, only the Court shall decide the enforceability of the Class Action waiver provided for below. Nothing contained in this Arbitration Agreement shall prevent either you or us from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or sequestration order, or any other pre-judgment remedies. CLASS ACTION WAIVER. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. COSTS AND ATTORNEYS’ FEES. We will pay for any filing, administration, and arbitrator fees as imposed on you by AAA. However, you will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000responsible for your attorneys’ fees. The arbitrator is bound by shall be entitled to award the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place prevailing party in the county (or parish) arbitration his/her/its attorneys’ fees and costs of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings suit only if and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted fees and costs are otherwise recoverable by that party's individual claimcontract or statute.

Appears in 1 contract

Samples: Notice Carefully

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec Xxxxxxxx agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 1 contract

Samples: Terms of Service

Arbitration Proceedings. If You and Symantec we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You you or Symantec NortonLifeLock may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License AgreementLSA, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License AgreementLSA. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec NortonLifeLock and You you agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your your residence or of the mailing address You you provided in Your your Notice of Claim. If Your your claim is for U.S. $10,000 or less, Symantec NortonLifeLock agrees that You you may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You you an award that is greater than the value of Symantec’s our last written settlement offer made before an arbitrator was selected (or if Symantec we did not make a settlement offer before an arbitrator was selected), then Symantec We will pay Youyou, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 1 contract

Samples: License and Services Agreement

Arbitration Proceedings. If You Arbitration proceedings provide me a fair hearing, but the arbitration procedures are simpler and Symantec do not reach an agreement more limited than rules applicable in court. Discovery will be available for non-privileged information to resolve the claim within thirty (30) days after fullest extent permitted under the Notice Rules. Any defenses that would apply to a Claim if it was brought in a court of Claim is receivedlaw will apply in any arbitration proceeding between us, You including defenses based on the expiration of the applicable statute of limitations or Symantec may commence otherwise relating to the timeliness of the initiation of the Claim, and the commencement of an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice under this Binding Arbitration Consent and a form to initiate arbitration at xxx.xxx.xxx. The arbitration Agreement will be governed deemed the commencement of an action for such purposes. Arbitration decisions are as enforceable as any court order and are subject to very limited review by a court and cannot be appealed. Arbitrators can award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Any determination as to whether this Binding Arbitration Consent and Agreement is valid or enforceable in part or in its entirety will be made solely by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decidearbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, that the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will Class Action Waiver set forth below shall be determined by the AAA RulesCourt. Regardless • Claims Arising Prior to Effective Date: THIS BINDING ARBITRATION CONSENT AND AGREEMENT APPLIES TO ALL CLAIMS THAT ARE FILED OR INITIATED AFTER THE EFFECTIVE DATE, EVEN IF THE CLAIM ARISES OUT OF, AFFECTS, OR RELATES TO CONDUCT THAT OCCURRED PRIOR TO THE EFFECTIVE DATE. If a Claim is filed or initiated prior to the Effective Date, this Binding Arbitration Consent and Agreement will not apply to such Claim. • CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. I UNDERSTAND AND AGREE THAT I AM WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.AMENDMENT/TERMINATION: You reserve the right to amend or terminate this Binding Arbitration Consent and Agreement, subject to an additional right to opt out, provided that you notify me in writing at least sixty (60) days prior to such amendment or termination taking effect. Notwithstanding anything in this Agreement to the contrary, any amendment or termination of this Binding Arbitration Consent and Agreement shall not apply to Claims that arise out of, affect or relate to conduct that occurred prior to the manner in which effective date of such amendment or termination. • LOCATION: The place of arbitration shall be within fifty (50) miles of my residence at the time the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is basedcommenced. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec • COSTS: I understand you will pay Youfor any filing, administration, and arbitrator fees as imposed on me by AAA. However, I will be responsible for my attorneys’ fees, unless I prevail on the merits of my Claim in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimarbitration.

Appears in 1 contract

Samples: Member Account Agreement and Disclosure

Arbitration Proceedings. If You and Symantec do Where a is submitted to arbitration, Arbitration shall commence hearings not reach an agreement to resolve the claim within thirty later than twenty-eight (3028) days after the Notice matter being submitted to the Arbitration Board ancl shall hear and argument submitted by or on behalf of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file the parties relevant to the submitted and shall make a claim decision thereon in small claims court). You may download or copy a the form of notice and a form to initiate arbitration at xxx.xxx.xxxan of Arbitration Boarcl. The arbitration will Every effort be governed macle by the Consumer or Commercial Arbitration Rules, as appropriate, of College and the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator Union to decide, including issues share information relating to the scope arbitration case in a reasonable ancl timely manner prior to the arbitration hearing. If either party is going to raise preliminary objections as of the being submitted to arbitration, shall be given in writing to the other party at least forty-eight (48) hours prior to the commencement of the hearing. The Arbitration Boarcl shall hear and enforceability determine difference or allegations and shall issue a decision, which decision shall be final ancl binding ancl enforceable upon the parties and upon any Employee or Employees affected by it. The Arbitration Board may summon before it any witnesses and require them to give evidence on oath, orally or in writing, and to produce such documents ancl evidence as the Arbitration Boarcl requisite to full investigation and consideration of the referred to it. The Arbitration Board shall submit a report on the findings and the decision of the Board to the parties not later than twenty-one (21) days following the completion of the hearing. Any time limits referred to above may be extended by mutual agreement of the parties hereto. In the case of a three (3) person Arbitration Board, the decision of majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board. The Arbitration Board shall not have the power to add to, subtract from, modify or alter in any way the provisions of this arbitration provisionCollective Agreement. Unless Symantec and You agree otherwise, any arbitration hearings will take place The Arbitration Board shall expressly confine itself to the issue in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents grievance submitted to the arbitratorBoard and shall have no authority to make a decision recommendation on any other issue not so submitted to the Board. Except as provided in clause where the Arbitration Board determines that an Employee has employment terminated or has been otherwise disciplined by College for just, through a telephonic hearingcause, Arbitration Board may substitute such other penalty or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless remedy in lieu of the manner in which termination or the arbitration is conducted, disciplinary action as Arbitration Board deems just and under the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimcircumstances.

Appears in 1 contract

Samples: Third Collective Agreement

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, or alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The www.adr.orgThe arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person inperson hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. .. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's ’s individual claim.

Appears in 1 contract

Samples: License Agreement

Arbitration Proceedings. If You and Symantec do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Symantec may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at xxx.xxx.xxx. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000xxx.xxx.xxx. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely based on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec will pay You, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Appears in 1 contract

Samples: Terms of Service and End User License Agreement

Arbitration Proceedings. If You Arbitration proceedings provide me a fair hearing, but the arbitration procedures are simpler and Symantec do not reach an agreement more limited than rules applicable in court. Discovery will be available for non-privileged information to resolve the claim within thirty (30) days after fullest extent permitted under the Notice Rules. Any defenses that would apply to a Claim if it was brought in a court of Claim is receivedlaw will apply in any arbitration proceeding between us, You including defenses based on the expiration of the applicable statute of limitations or Symantec may commence otherwise relating to the timeliness of the initiation of the Claim, and the commencement of an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice under this Binding Arbitration Consent and a form to initiate arbitration at xxx.xxx.xxx. The arbitration Agreement will be governed deemed the commencement of an action for such purposes. Arbitration decisions are as enforceable as any court order and are subject to very limited review by a court and cannot be appealed. Arbitrators can award the same remedies including damages, injunctive relief on an individual basis, and other remedies that a court can award. Any determination as to whether this Binding Arbitration Consent and Agreement is valid or enforceable in part or in its entirety will be made solely by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. The arbitrator is bound by the terms of this License Agreement. All issues are for the arbitrator to decidearbitrator, including without limitation any issues relating to whether a Claim is subject toarbitration.  CLASS ACTION WAIVER: ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. I UNDERSTAND AND AGREE THAT I AM WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASSACTION LAWSUIT.  LOCATION: The place of arbitration shall be within fifty (50) miles of my residence at the scope and enforceability of this arbitration provision. Unless Symantec and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either Your residence or of the mailing address You provided in Your Notice of Claim. If Your claim is for U.S. $10,000 or less, Symantec agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which time the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is basedcommenced. If the arbitrator issues You an award that is greater than the value of Symantec’s last written settlement offer made before an arbitrator was selected (or if Symantec did not make a settlement offer before an arbitrator was selected), then Symantec  COSTS: I understand you will pay Youfor any filing, administration, and arbitrator fees as imposed on me by AAA. However, I will be responsible for my attorneys’ fees, unless I prevail on the merits of my Claim in addition arbitration.  A TTORNEYS’ FEES: If I prevail on the merits of my Claim in arbitration, you will pay my attorneys’ fees. I will not be required to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claimpay your attorneys’ fees if you prevail.

Appears in 1 contract

Samples: www.firstent.org

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