Common use of Arbitration and Class Action Waiver Clause in Contracts

Arbitration and Class Action Waiver. ARBITRATION AND CLASS ACTION WAIVER. Any claim, dispute, or controversy ("Claim") between you and Bank arising out of or relating in any way to this Agreement, your Account, your Card, your acquisition of the Card or Account, your usage of the Card or Account, or transactions on the Card or Account, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in the State of Kansas, County of Xxxxxxx. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY. Bank will pay the initial filing fee to commence the arbitration. You and Bank will have every remedy available in arbitration as you and Bank would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator's award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION. This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card or Account, or any amounts owed on your Card or Account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1-16. Solely for purposes of this Section 9.10 "Arbitration", "We" or "Us" shall mean Bank, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card or Account. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT OR CARD.

Arbitration and Class Action Waiver. ARBITRATION AND CLASS ACTION WAIVER. Any claim, dispute, or controversy ("Claim") between you and Bank arising out of or relating in any way to this Agreement, your Account, your Card, your acquisition of the Card or Account, your usage of the Card or Account, or transactions on the Card or Account, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in the State of Kansas, County of Xxxxxxx. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY. Bank will pay the initial filing fee to commence the arbitration. You and Bank will have every remedy available in arbitration as you and Bank would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator's award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION. This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card or Account, or any amounts owed on your Card or Account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Solely for purposes of this Section 9.10 "Arbitration", "We" or "Us" shall mean Bank, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card or Account. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT CARD OR CARDACCOUNT.

Arbitration and Class Action Waiver. ARBITRATION AND CLASS ACTION WAIVERThe internal laws of Hong Kong, without regard to any otherwise applicable choice of laws principles, shall govern any action related to these Terms of Service, the use of the Platform or the Services. Any claim, dispute, or controversy ("Claim") In the event of a dispute between you and Bank us arising under or relating to the Platform or the Services, you hereby acknowledge and agree that by using the Platform or the Services, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. This means that neither party shall have the right to litigate such dispute or claim in court or to have a jury trial. You are agreeing to mandatory individual arbitration for the resolution of disputes and waiving your right to a jury trial on your claims. You acknowledge and agree that discovery and appeal rights are limited in arbitration. Any dispute arising out of or relating in connection with these Terms, including any way to this Agreementquestion regarding its existence, your Account, your Card, your acquisition of the Card validity or Account, your usage of the Card or Account, or transactions on the Card or Account, no matter how described, pleaded or styledtermination, shall be referred to and finally and exclusively resolved by binding individual arbitration conducted by under the rules of the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time of the arbitration, except as they may be modified herein. The number of arbitrators shall be one who shall be selected by Barley Nectar. The seat, or legal place, of arbitration shall be Hong Kong. The language to be used in the State arbitral proceedings shall be English. The governing law of Kansasthe Terms shall be the substantive laws of Hong Kong, County applicable to contracts made, executed and wholly performed in Hong Kong. A printed version of Xxxxxxx. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY. Bank will pay the initial filing fee these Terms and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to commence the arbitration. You and Bank will have every remedy available in arbitration as you and Bank would have from a court and will be entitled to reasonable discovery. All determinations as these Terms to the scope, interpretation, enforceability same extent and validity of this Agreement subject to the same conditions as other business documents and records originally generated and maintained in printed form. The arbitration award shall be made finally final and exclusively by binding on the arbitratorParties. The arbitrator's Parties undertake to carry out any award will without delay and waive their right to any form of recourse insofar as such waiver can validly be binding and finalmade. Judgment on upon the arbitration award may be entered in by any court having jurisdictionjurisdiction thereof or having jurisdiction over the relevant party or its assets. NO You and Barley Nectar shall be responsible for their respective attorneys’ fees and expenses. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred. CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATIONACTION WAIVER Arbitration must be on an individual basis. This means that neither you nor barley nectar may join or consolidate claims in arbitration provision shall survive: (i) by or against other individuals, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. unless you opt out of the arbitration agreement you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. termination of this Agreement; (ii) use We may terminate your Barley Xxxxxx.xxx account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the bankruptcy right to change, suspend or discontinue all or any aspects of the site at any time without prior notice. GENERAL PROVISIONS You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Platform, the Services and the Content on the site, and all features, functions and/or services may change at any time without notice and without liability of any party; kind. You are responsible for compliance with applicable laws and (iii) regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we do not exercise some right or enforce some provision at any transferparticular time, sale or assignment of your Card or Account, that does not mean we have waived that or any amounts owed on your Card or Account, to other right in any other person or entityway. If any portion provision of this arbitration our Terms is held by a court of competent jurisdiction to be contrary to law, then such provision is deemed invalid shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms, comprise the entire agreement between you and us regarding the subject matter and supersedes all prior or unenforceablecontemporaneous negotiations, discussions or agreements, if any, between the remaining portions shall nevertheless remain in forceparties with respect to same. Any different agreement regarding arbitration must These Terms are personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be agreed void ab initio. These Terms will inure to in writing. This arbitration agreement is made pursuant to a transaction involving interstate commercethe benefit of our successors, assignees, and shall be governed by licensees. The headings are included for reference only and have no effect on the Federal Arbitration Actmeaning of any provision. CONTACT INFORMATION Email: xxxx@xxxxxxxxxxxx.xx Address: 00/X, 9 U.S.C. § 1-16. Solely for purposes of this Section 9.10 "Arbitration"Xxxxx Centre, "We" or "Us" shall mean Bank0 Xxxx Xx Xxxx, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card or Account. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT OR CARD.Xxxx xxxx XXXX UPDATED