Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law and Consumer Legal Remedies Act. 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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. 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.
Appears in 3 contracts
Samples: Valley First, Valley First, Credit Union Cardholder Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through in the arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law relief. The arbitrator shall follow the law and Consumer Legal Remedies Actshall not be entitled to make errors of law. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. 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 court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Credit Union Bank shall pay for any filing, administration, and arbitrator fees imposed on you by the AAAAAA (or the applicable arbitration forum). 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 attorneys’ fees. However, if the Credit Union prevails, then you will not The arbitrator shall be required entitled to pay our award attorneys’ fees and costcosts if provided for under any agreement between you and the Bank or applicable law. Any determination as to whether this arbitration agreement provision 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Courta court with proper jurisdiction.
Appears in 3 contracts
Samples: www.1stsource.com, www.1stsource.com, www.1stsource.com
Arbitration Proceedings. The arbitration shall be conducted within 50 fifty (50) miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 3 contracts
Samples: Agreements and Disclosures, Agreements and Disclosures, Agreements and Disclosures
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitrator’s 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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you You by the AAA. However, you You will be responsible for your Your own attorney’s attorneys' fees, unless you You prevail on your claim Your Claim in the arbitration, in which case, we We will pay your attorney’s Your attorneys' fees. However, if the Credit Union prevails, then you You will not be required to pay our Our attorneys’ ' fees and costcosts. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 3 contracts
Samples: Credit Line Account Agreement, Credit Line Account Agreement, Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’s award can be entered as a judgment in courtajudgment incourt. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court court, and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim in Claimin 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’s award can be entered as a judgment in courtajudgment incourt. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim in Claimin 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief to the extent available under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- privileged information to the fullest extent permitted under the rulesRules. 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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s attorneys’ fees, unless you prevail on your claim Claim in the arbitration, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union prevails, then you will not be required to pay our its attorneys’ fees and cost. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Cardholder Agreement and Disclosure, Cardholder Agreement and Disclosure
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s attorneys’ fees, unless you prevail on your claim Claim in the arbitration, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union prevails, then you will not be required to pay our its attorneys’ fees and cost. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Overdraft Protection and Payassure Service Agreement, Overdraft Protection and Payassure Service Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted within 50 miles in the State of your residence New Hampshire at a location to be determined by the time the arbitration is commencedArbitrator. Any claims and defenses that can be asserted in court can be asserted through in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law and Consumer Legal Remedies Actif available. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitratorArbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall We will pay for one-half of any filing, administration, and arbitrator fees all arbitration expenses imposed on you by the AAA. However, you You will be responsible for your own attorney’s attorneys’ fees, unless you prevail on your claim Claim in the arbitration, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union prevails, then you will not be required to pay our its attorneys’ fees and costcosts. Any determination as to whether this arbitration agreement Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitratorArbitrator, including without limitation any issues relating to whether a claim Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: f.hubspotusercontent00.net, f.hubspotusercontent00.net
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you You by the AAA. However, you You will be responsible for your Your own attorney’s fees, unless you You prevail on your claim Your Claim in the arbitration, in which case, we will pay your Your attorney’s fees. However, if the Credit Union prevails, then you You will not be required to pay our attorneys’ fees and cost. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Rewards Program Agreement, Rewards Program Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California the Texas Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Membership and Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Law, Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union credit union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s attorneys’ fees, unless you prevail on your claim Claim in the arbitration, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union credit union prevails, then you will not be required to pay our its attorneys’ fees and costcosts. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: www.orangecountyscu.org
Arbitration Proceedings. The arbitration shall be conducted within 50 fifty (50) miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court court, and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Agreements and Disclosures
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- 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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. 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.
Appears in 1 contract
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law and Consumer Legal Remedies Actif available. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union credit union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s attorneys’ fees, unless you prevail on your claim Claim in the arbitration, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union credit union prevails, then you will not be required to pay our its attorneys’ fees and costcosts. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: www.idealcu.com
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through in the arbitration. The arbitrator Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s attorneys’ fees, unless you prevail on your claim Claim in the arbitration, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union prevails, then you will not be required to pay our its attorneys’ fees and costcosts. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on you by the AAAJAMS. However, you will be responsible for your own attorney’s fees, unless you prevail on your claim 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 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: I. Introduction
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted through arbitration. The arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non- non-privileged information to the fullest extent permitted under the rulesRules. The arbitratorArbitrator’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 court and it cannot be appealed. The Credit Union shall pay for any filing, administration, administration and arbitrator fees imposed on you by the AAA. However, you will be responsible for your own attorney’s attorneys’ fees, unless you prevail the arbitrator has issued a decision in your favor on your claim in the arbitrationClaim after an arbitration hearing, in which case, we will pay your attorney’s attorneys’ fees. However, if the Credit Union prevails, then you will not be required to pay our its attorneys’ fees and cost. Any determination as to whether this arbitration agreement 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 Claim is subject to arbitration; provided, however, the enforceability of the class action waiver Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Membership and Account Agreement