Common use of ALL CLAIMS AND DISPUTES COVERED Clause in Contracts

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.

Appears in 6 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement

AutoNDA by SimpleDocs

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 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 Agreement becomes effective 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.

Appears in 2 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement

AutoNDA by SimpleDocs

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 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 All claims or disputes that arose before this Agreement became effective (including claims or disputes relating to advertising); (C) all 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 All claims or disputes that arise after the termination of this Agreement but relate to one of the matters this Agreement covers.

Appears in 1 contract

Samples: Merchant Processing Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!