Common use of Agreement to Arbitrate; Claims Covered by Arbitration Clause in Contracts

Agreement to Arbitrate; Claims Covered by Arbitration. Either you or we may elect, without the other’s consent, to require mandatory, binding arbitration of any claim, dispute or controversy between us or concerning your deposit accounts to be resolved, except specifically excluded below. Any claim relating to or arising out of your account, this Agreement, or our relationship will be subject to arbitration. Any claim raised by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, heirs, agents or assigns of the other, arising from or relating in any way to this Agreement, any prior account agreement between you and the Bank, or the advertising, the application for, or the approval of your account will be subject to arbitration. Any claim originating from or relating to this Agreement will be subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. This includes a claim based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law, or any request for equitable relief and includes a claim made as a counterclaim, cross-claim, third-party claim interpleader or otherwise. Any party to a proceeding in court may elect arbitration with respect to any claims advanced in the lawsuit by any party or parties. Any claim made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non- representative) basis. Any claim relating to the enforceability or interpretation of any of these arbitration provisions will be subject to arbitration. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.

Appears in 8 contracts

Samples: www.newbankusa.com, www.newbankusa.com, www.newbankusa.com

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Agreement to Arbitrate; Claims Covered by Arbitration. Either you or we may elect, without the other’s consent, to require mandatory, binding arbitration of any claim, dispute or controversy between us or concerning your deposit accounts to be resolved, except specifically excluded below. Any claim relating to or arising out of your account, this Agreement, or our relationship will be subject to arbitration. Any claim raised by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, heirs, agents or assigns of the other, arising from or relating in any way to this Agreement, any prior account agreement between you and the Bank, or the advertising, the application for, or the approval of your account will be subject to arbitration. Any claim originating from or relating to this Agreement will be subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. This includes a claim based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law, or any request for equitable relief and includes a claim made as a counterclaim, cross-claim, third-third party claim interpleader or otherwise. Any party to a proceeding in court may elect arbitration with respect to any claims advanced in the lawsuit by any party or parties. Any claim made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non- representative) basis. Any claim relating to the enforceability or interpretation of any of these arbitration provisions will be subject to arbitration. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.

Appears in 1 contract

Samples: shbamerica.com

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