ALL CLAIMS AND DISPUTES COVERED. Merchant, Bank, and Company agree to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents, subsidiaries, and other related entities), predecessors, successors, assigns, or Independent Sales Representatives only through binding individual arbitration before the American Arbitration Association (“AAA”). This arbitration agreement is to be broadly interpreted. It includes:
(A) all claims or disputes arising out of or relating to any aspect of the relationship between Bank or Company (including its Independent Sales Representatives) and Merchant including, without limitation, this Agreement, the Services provided, any Bank or Company product or service, and any discount, fee, charge, assessment, or payment, whether based in contract, tort, statute, regulation, fraud, misrepresentation, omission, or any other theory;
(B) all claims or disputes that arose before this Agreement became effective (including claims or disputes relating to advertising);
(C) all claims or disputes that are the subject of purported class action litigation on the date this Agreement’s Effective Date but Merchant is not a member of a certified class on that date; and
(D) all claims or disputes that arise after the termination of this Agreement but relate to one of the matters this Agreement covers.
ALL CLAIMS AND DISPUTES COVERED. Merchant and SHIFT4 agree to resolve all claims and disputes of every kind between them or their respective owners, partners, officers, directors, shareholders, principals, Affiliates, guarantor(s), predecessors, successors, assigns, resellers, referral partners, or Independent Sales Representatives only through binding individual arbitration before the American Arbitration Association (“AAA”). This arbitration agreement is to be broadly interpreted. It includes:
A. all claims or disputes arising out of or relating to any aspect of the relationship between SHIFT4 (including its resellers, referral partners, and Independent Sales Representatives) and Merchant including, without limitation, this Gateway Services Agreement, the GATEWAY provided, any other SHIFT4 product or service, and any discount, fee, charge, assessment, or payment, whether based in contract, tort, statute, regulation, fraud, misrepresentation, omission, or any other theory;
B. all claims or disputes that arose before this Gateway Services Agreement’s Effective Date (including claims or disputes relating to advertising);
C. all claims or disputes that are the subject of purported class action litigation on this Gateway Services Agreement’s Effective Date but Merchant is not a member of a certified class on that date; and
D. all claims or disputes that ariseafterthetermination of this GatewayServicesAgreement but relate to one of the matters this Gateway Services Agreement covers.
ALL CLAIMS AND DISPUTES COVERED. Merchant and SHIFT4 agree to resolve all claims and disputes of every kind between them or their respective owners, partners, officers, directors, shareholders, principals, Affiliates, guarantor(s), predecessors, successors, assigns, resellers, referral partners, or Independent Sales Representatives only through binding individual arbitration. Merchant and SHIFT4 may adopt arbitration rules from JAMS in Ontario or from the ICC in other jurisdictions. This arbitration agreement is to be broadly interpreted. It includes:
A. All claims or disputes arising out of or relating to any aspect of the relationship between SHIFT4 (including its resellers, referral partners, and Independent Sales Representatives) and Merchant including, without limitation, this Gateway Services Agreement, the GATEWAY provided, any other SHIFT4 product or service, and any discount, fee, charge, assessment, or payment, whether based in contract, tort, statute, regulation, fraud, misrepresentation, omission, or any other theory;
B. All claims or disputes that arose before this Gateway Services Agreement’s Effective Date (including claims or disputes relating to advertising);
C. All claims or disputes that are the subject of purported class action litigation on this Gateway Services Agreement’s Effective Date but Xxxxxxxx is not a member of a certified class on that date; and
D. All claims or disputes that arise after the termination of this Gateway Services Agreement but relate to one of the matters this Gateway Services Agreement covers.
