Common use of Agreement to Arbitrate Disputes Clause in Contracts

Agreement to Arbitrate Disputes. ALL DISPUTES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION, USE OR PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. If You intend to seek arbitration under the preceding paragraph, You must first notify HTC of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to HTC should be sent to HTC Arbitration Program Administrator, 00000 XX Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxx, XX 00000. Similarly, if HTC intends to seek arbitration under the preceding paragraph, HTC must first notify You of the dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the claim and the relief being sought. If You and HTC are unable to resolve the dispute within 30 days, either You or HTC may then file an arbitration claim. HTC will pay any filing fee charged to initiate the arbitration as well as any administrative and arbitrator fees charged later by the arbitral body, unless Your claim is found to be frivolous. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief that a United States District Court could order under the Limited Warranty. The arbitration shall be according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. The arbitration shall be held in the county in which You are billed for Your wireless service. For any arbitration in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are $5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees as part of any award, but may not grant HTC its attorney’s fees, expert witness fees, or costs unless the arbitrator finds that You brought the claim in bad faith or is frivolous under applicable legal standards. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. In a case where Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are greater than $5,000, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees, expert witness fees, and costs, insofar as it is permitted by governing law. This agreement to arbitrate is subject to the following additional conditions:

Agreement to Arbitrate Disputes. ALL DISPUTES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALEEither you or we may elect, CONDITIONwithout the other’s consent, USE OR PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATIONto require that any dispute between us, AND NOT BY A COURT OR JURYor concerning your Stock Yards Bank & Trust Co. deposit account(s), except those disputes specifically excluded below, be resolved by binding arbitration as provided in this section and not through litigation in any court. If You intend neither you nor we decide to seek compel arbitration, then the disputed matter will be resolved in court by a judge without a jury. Disputes Covered by Arbitration Any claim, dispute or controversy relating to or arising out of your deposit account(s), these Terms and Conditions, or our relationship will be subject to arbitration. All disputes are subject to arbitration, no matter what legal theory they may be based on or what remedy they seek. Disputes also include claims relating to the application, enforceability or interpretation of any of these arbitration under provisions, except that any challenge to the preceding paragraph, You must first notify HTC validity or enforceability of the dispute class action or jury trial waiver may only be decided by a court of law. Notwithstanding the foregoing, disputes filed by you individually or by us in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief. Commencement of Arbitration Either you or we may start the arbitration of any claim. Arbitration is started by giving written notice to the other party of the intent to initiate arbitration. This notice may be given before or after a lawsuit has been filed concerning the claim. If you start the arbitration, you must notify us at the following address: Stock Yards Bank & Trust Attn: Arbitration, P.O. Box 32890, Louisville, KY 40232-2890. If we start the arbitration, we will notify you in writing at least 30 days your last known address in advance our files. Administration of initiating the arbitration. Notice to HTC should be sent to HTC Arbitration Program Administrator, 00000 XX Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxx, XX 00000. Similarly, if HTC intends to seek arbitration under the preceding paragraph, HTC must first notify You of the dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the claim and the relief being sought. If Proceeding You and HTC are unable to resolve the dispute within 30 days, either You or HTC may then file an arbitration claim. HTC will pay any filing fee charged to initiate the arbitration as well as any administrative and arbitrator fees charged later by the arbitral body, unless Your claim is found to be frivolous. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief we agree that a United States District Court could order under the Limited Warranty. The arbitration shall be according to the American Arbitration Association (AAA) will administer each arbitration proceeding and the selection of an arbitrator according to the Commercial Arbitration Rules or, if you are a consumer, the Consumer Arbitration Rules, as each may be amended, updated or replaced from time to time. If there are any differences between the applicable to consumer disputes (the “AAA Rules”)Rules and this arbitration provision, except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrateprovision will apply. The arbitration will be conducted at a location mutually agreed upon by you and us in the state where your account is maintained. There shall be held one arbitrator. The arbitrator must be a member of the state bar where the arbitration is held, with at least 10 years of experience and with expertise in the county in which You are billed for Your wireless service. For any arbitration in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are $5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees as part of any award, but may not grant HTC its attorney’s fees, expert witness fees, or costs unless the arbitrator finds that You brought the claim in bad faith or is frivolous under substantive laws applicable legal standards. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based only on documents submitted to the subject matter of the dispute. The arbitrator’s award will be final and binding on you and us, except for any right of appeal provided by the Federal Arbitration Act. Judgment upon the arbitrator’s award may be entered in any court, state or by a hearing in person or by phone. In a case where Your total monetary claimsfederal, exclusive of attorney’s fees and expert witness fees, are greater than $5,000, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees, expert witness fees, and costs, insofar as it is permitted by governing law. This agreement to arbitrate is subject to the following additional conditions:having jurisdiction.

Agreement to Arbitrate Disputes. ALL DISPUTES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION, USE USE, OR PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. If You intend to seek arbitration under the preceding paragraph, You must first notify HTC of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to HTC should be sent to HTC Arbitration Program Administrator, 00000 XX Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxx, XX 00000. Similarly, if HTC intends to seek arbitration under the preceding paragraph, HTC must first notify You of the dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the claim and the relief being sought. If You and HTC are unable to resolve the dispute within 30 days, either You or HTC may then file an arbitration claim. HTC will pay any filing fee charged to initiate the arbitration as well as any administrative and arbitrator fees charged later by the arbitral body, unless Your claim is found to be frivolous. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief that a United States District Court could order under the Limited Warranty. The arbitration shall be according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. The arbitration shall be held in the county in which You are billed for Your wireless service. For any arbitration in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are $5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees as part of any award, but may not grant HTC its attorney’s fees, expert witness fees, or costs unless the arbitrator finds that You brought the claim in bad faith or that Your claim is frivolous under applicable legal standards. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. In a case where Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are greater than $5,000, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees, expert witness fees, and costs, insofar as it is permitted by governing law. This agreement to arbitrate is subject to the following additional conditions:

Agreement to Arbitrate Disputes. ALL DISPUTES ARISING ANY DISPUTE OR CLAIM RELATING IN ANY WAY FROM TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE RESEARCH PROGRAM, INCLUDING, BUT NOT LIMITED WARRANTY TO, THE VALIDITY, APPLICABILITY OR THE SALEINTERPRETATION OF THIS AGREEMENT, CONDITION, USE OR PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND NOT BY A COURT OR JURY. If You intend to seek arbitration under the preceding paragraph, You must first notify HTC of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to HTC should be sent to HTC Arbitration Program Administrator, 00000 XX Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxx, XX 00000. Similarly, if HTC intends to seek arbitration under the preceding paragraph, HTC must first notify You of the dispute in writing at least 30 days in advance of initiating the arbitrationREVIEW OF AN ARBITRATION AWARD IS LIMITED. The notice must describe arbitration will be conducted by the nature American Arbitration Association (AAA) under its then- applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at xxxx://xxx.xxx.xxx/. Payment of the claim and the relief being sought. If You and HTC are unable to resolve the dispute within 30 daysall filing, either You or HTC may then file an arbitration claim. HTC will pay any filing fee charged to initiate the arbitration as well as any administrative administration and arbitrator fees charged later will be governed by the arbitral body, unless Your claim is found to be frivolousAAA’s rules. The arbitration shall be conducted before in the English language by a single independent and neutral arbitrator, whose award may not exceed, in form or amount, the relief that a United States District Court could order under the Limited Warranty. The arbitration shall be according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. The arbitration shall be held in the county in which You are billed for Your wireless service. For any arbitration hearing conducted in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are $5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees person as part of any awardthe arbitration, but may not grant HTC its attorney’s feesyou agree that: For Canadian Residents: The hearing will be conducted in Xxxxxxx, expert witness feesXxxxxxx, Xxxxxx or costs unless the city within Canada in which you reside; or For All Others. The hearing will be conducted in the County and State of New York or the city within the United States in which you reside. The decision of the arbitrator finds that You brought shall be final and binding. Judgment on the claim arbitral award may be entered in bad faith any court of competent jurisdiction. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE RESEARCH PROGRAM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN: FOR CANADIAN RESIDENTS: A COURT OF COMPETENT JURISDICTION IN XXXXXXX, XXXXXXX, XXXXXX; OR FOR ALL OTHERS: THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF NEW YORK COUNTY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING. Notwithstanding anything to the contrary, you and theScore may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or is frivolous under applicable legal standards. For claims independently of $5,000 or less, You may decide whether You would prefer the resolution of any dispute pursuant to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. In a case where Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are greater than $5,000, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees, expert witness fees, and costs, insofar as it is permitted by governing law. This agreement to arbitrate is subject to the following additional conditions:procedures set forth above.

Agreement to Arbitrate Disputes. ALL By entering into this Agreement, you and NCD Financial agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us, our servicers, agents, directors, officers and employees that arise out of or relate to this Agreement, whether for fraud, misrepresentation, breach of contract, pursuant to any common law, federal, or state statute or regulation, or otherwise, shall be exclusively resolved by binding individual (and not class) arbitration before National Arbitration and Mediation ("NAM"), as authorized to award all remedies available by law or equity, pursuant to its effective Standard Rules and Procedures. See www. xxxxxx.xxx or contact NAM, 000 Xxxxxxx Xxx., 1st Floor, Garden City, NY 11530, Phone (000) 000-0000, Fax (516) 794-971 for all inquiries. If the form of Arbitration (Written testimony/In-Person Hearing) cannot be agreed upon, then Oral Arbitrations by phone will be conducted, and, based on your ability to pay, the costs of arbitration will be paid by us. The prevailing party may have an arbitration award confirmed and judgment entered in any court having jurisdiction. This agreement, governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, is an independent agreement which shall survive the completion of your transaction with NCD Financial. WITH THIS AGREEMENT, YOU AND WE HAVE AGREED TO RESOLVE ANY POTENTIAL DISPUTES ARISING BETWEEN US THROUGH BINDING ARBITRATION AND TO WAIVE ANY RIGHT AND OPPORTUNITY OTHERWISE AVAILABLE TO PURSUE LEGAL ACTION AGAINST THE OTHER IN ANY WAY FROM THIS LIMITED WARRANTY COURT, AT TRIAL, OR THE SALE, CONDITION, USE OR PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY BEFORE A COURT JUDGE OR JURY. If You intend to seek arbitration under the preceding paragraph, You must first notify HTC of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to HTC should be sent to HTC Arbitration Program Administrator, 00000 XX Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxx, XX 00000. Similarly, if HTC intends to seek arbitration under the preceding paragraph, HTC must first notify You of the dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the claim and the relief being sought. If You and HTC are unable to resolve the dispute within 30 days, either You or HTC may then file an arbitration claim. HTC will pay any filing fee charged to initiate the arbitration as well as any administrative and arbitrator fees charged later by the arbitral body, unless Your claim is found to be frivolous. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief that a United States District Court could order under the Limited Warranty. The arbitration shall be according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. The arbitration shall be held in the county in which You are billed for Your wireless service. For any arbitration in which Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are $5,000 or less, the arbitrator may, if You prevail, award Your reasonable attorney’s fees and expert witness fees as part of any award, but may not grant HTC its attorney’s fees, expert witness fees, or costs unless the arbitrator finds that You brought the claim in bad faith or is frivolous under applicable legal standards. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. In a case where Your total monetary claims, exclusive of attorney’s fees and expert witness fees, are greater than $5,000, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney’s fees, expert witness fees, and costs, insofar as it is permitted by governing law. This agreement to arbitrate is subject to the following additional conditions: