Common use of ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Clause in Contracts

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THIS SECTION (“ARBITRATION PROVISION”) CAREFULLY. IT WILL GOVERN ANY AND ALL CLAIMS AND DISPUTES ARISING IN CONNECTION WITH YOUR CARD AND YOUR RELATIONSHIP WITH US AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING YOUR CARD (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. HOWEVER, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION PROVISION IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASS. NOR WILL THIS SECTION APPLY TO ANY CLAIM THAT YOU MAY HAVE AGAINST THE PROGRAM SPONSOR SUBJECT TO APPEALS AND GRIEVANCES PROCEDURES UNDER THE FEDERAL MEDICARE REGULATIONS. A. Parties Subject to Arbitration; Certain Definitions. Solely as used in this Arbitration Provision: (a) the terms “we,” “us” and “our” include: (i) Optum Financial, Inc. and Citizen’s Alliance Bank, N.A., their parents, subsidiaries and affiliates, their successors, if any, and the employees, officers, directors and controlling persons of all such companies and banks (the “Bank Parties”); and (ii) any other person or company who provides any services in connection with the account if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party; (b) the terms “you” and “your” include each holder or owner of the Card and their respective heirs, successors, representatives and beneficiaries (including pay-on-death and similar beneficiaries); and (c) the term “account” includes the Card or account established by this or any other Cardholder Agreement with us and any updated or substitute Card or account for the same cardholder(s).

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THIS SECTION (“ARBITRATION PROVISION”) CAREFULLY. IT WILL GOVERN ANY AND ALL CLAIMS AND DISPUTES ARISING IN CONNECTION WITH YOUR CARD AND YOUR RELATIONSHIP WITH US AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING YOUR CARD (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. HOWEVER, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION PROVISION IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASS. NOR WILL THIS SECTION APPLY TO ANY CLAIM THAT YOU MAY HAVE AGAINST THE PROGRAM SPONSOR SUBJECT TO APPEALS AND GRIEVANCES PROCEDURES UNDER THE FEDERAL MEDICARE REGULATIONS. A. Parties Subject to Arbitration; Certain Definitions. Solely as used in this Arbitration Provision: (a) the terms “we,” “us” and “our” include: (i) Optum Financial, Inc. and Citizen’s Alliance Bank, N.A., their parents, subsidiaries and affiliates, their successors, if any, and the employees, officers, directors and controlling persons of all such companies and banks (the “Bank Parties”); and (ii) any other person or company who provides any services in connection with the account if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party; (b) the terms “you” and “your” include each holder or owner of the Card and their respective heirs, successors, representatives and beneficiaries (including pay-on-death and similar beneficiaries); and (c) the term “account” includes the Card or account established by this or any other Cardholder Agreement with us and any updated or substitute Card or account for the same cardholder(s).;

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THIS SECTION You, Card Company and Xxxxxxx (“ARBITRATION PROVISION”or the Franchisee or participating restaurant, as applicable) CAREFULLYagree that any dispute, controversy or claim arising out of or relating to this Agreement or your purchase, acceptance or use of any Card, including the determination of the scope or applicability of this Agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a court. IT WILL GOVERN ANY You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND ALL XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND DISPUTES ARISING IN CONNECTION WITH YOUR CARD AND YOUR RELATIONSHIP WITH US AND WILL HAVE NOT AS A SUBSTANTIAL IMPACT ON THE WAY YOU PLAINTIFF OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING YOUR CARD (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR REPRESENTATIVE PROCEEDING IN COURT AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR IN ARBITRATIONCOMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. HOWEVERYou, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION PROVISION IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASSCard Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. NOR WILL THIS SECTION APPLY TO ANY CLAIM THAT YOU MAY HAVE AGAINST THE PROGRAM SPONSOR SUBJECT TO APPEALS AND GRIEVANCES PROCEDURES UNDER THE FEDERAL MEDICARE REGULATIONS. A. Parties Subject This Section 10 extends to Arbitration; Certain Definitionsclaims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. Solely as used The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision: (a) Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the terms “we,” “us” and “our” include: (i) Optum Financial, Inc. and Citizen’s Alliance Bank, N.A., their parents, subsidiaries and affiliates, their successorscontrary, if anyany part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the employeesFranchisee or participating restaurant) waive, officersto the fullest extent allowed by law, directors and controlling persons of all such companies and banks (the “Bank Parties”); and (ii) any other person claims to recover punitive or company who provides any services in connection with the account if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party; (b) the terms “you” and “your” include each holder or owner of the Card and their respective heirs, successors, representatives and beneficiaries (including pay-on-death and similar beneficiaries); and (c) the term “account” includes the Card or account established by this or any other Cardholder Agreement with us exemplary damages and any updated right to pursue any claims on a class, mass, consolidated, or substitute Card or account for the same cardholder(s)combined basis.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THIS SECTION (“ARBITRATION PROVISION”) CAREFULLY. IT WILL GOVERN ANY AND ALL CLAIMS AND DISPUTES ARISING IN CONNECTION WITH YOUR CARD AND YOUR RELATIONSHIP WITH US AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING YOUR CARD (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. HOWEVER, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION PROVISION IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASS. NOR WILL THIS SECTION APPLY TO ANY CLAIM THAT YOU MAY HAVE AGAINST THE PROGRAM SPONSOR SUBJECT TO APPEALS AND GRIEVANCES PROCEDURES UNDER THE FEDERAL MEDICARE REGULATIONS. A. Parties Subject to Arbitration; Certain Definitions. Solely as used in this Arbitration Provision: (a) Agreement to Binding Arbitration Between Purchaser and the terms Jazz. PURCHASER AGREES TO WAIVE PURCHASER’S RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREES TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“we,” Arbitration Agreement”) is governed by the Federal Arbitration Act (“us” FAA”) and “our” include: survives after this Agreement terminates or your relationship with the Jazz ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (idefined below) Optum Financialbetween you and the Jazz or the Jazz Parties, Inc. and Citizen’s Alliance Bankincluding their affiliates, N.A.subsidiaries, their parents, subsidiaries successors and affiliatesassigns, their successorsand each of the Jazz’s respective officers, directors, employees, agents, members, or shareholders. ALL DISPUTES PURCHASER MAY HAVE WITH, AND CLAIMS AGAINST ANY JAZZ PARTY (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN PURCHASER AND THE JAZZ PARTIES. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to the Auction, this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), payments made by you or any payments made or allegedly owed to you, any promotions or offers made by any Jazz Party, any city, county, state or federal trade secrets, unfair competition, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the employees, officers, directors and controlling persons arbitrability of all such companies and banks (the “Bank Parties”); and (ii) any other person or company who provides any services in connection with the account if you assert a Claim against such other person (including disputes about the scope, applicability, enforceability, revocability, or company at validity of this Arbitration Agreement) shall be decided by the same time you assert a Claim against any Bank Party; (b) arbitrator, except as expressly provided below. BY AGREEING TO ARBITRATION, PURCHASER UNDERSTANDS THAT PURCHASER IS WAIVING THE RIGHT TO XXX IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms “you” and “your” include each holder or owner of this Arbitration Agreement are expressly excluded from the Card and their respective heirs, successors, representatives and beneficiaries (including pay-on-death and similar beneficiaries); and (c) the term “account” includes the Card or account established by this or any other Cardholder Agreement with us and any updated or substitute Card or account for the same cardholder(s)requirement to arbitrate.