Common use of Arbitration Contract Clause in Contracts

Arbitration Contract. (a) Arbitration Contract (the “Contract”): You and we agree that any complaint, controversy or dispute arising out of or relating to this Agreement, the breach of this Agreement or the Service (a “Complaint”) shall exclusively be resolved by binding arbitration and not by a judge or jury. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (“ARS”) and you and we agree to be bound by the applicable rules of ARS, which can be found at www. xxxxxxxxxxxxxx.xxx. If ARS is not available and you and we are unable to agree on an alternative arbitration service, either may petition the American Arbitration Association (“AAA”) to appoint a single arbitrator to conduct the arbitration under AAA’s then current commercial or consumer rules, as applicable. This Contract covers disputes based upon contract, tort, consumer rights, fraud and other intentional torts, negligence,constitution,statute,regulation,ordinance, common law and equity. A demand for arbitration shall be made within a reasonable time after the Complaint has arisen but in no event after the applicable statute of limitations. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Contract involves and concerns interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any other inconsistent law, ordinance or judicialrule. This Contract is self-executing. Any disputes concerning the scope, interpretation or enforceability of this Contract, including without limitation, its revocability or voidability for any cause, the scope of arbitral issues and any defense based upon waiver, estoppel or laches shall be decided by the arbitrator. All arbitration fees shall be allocated to you and us as provided in the rules of the arbitration service, subject to the arbitrator’s discretion to reallocate such fees in the interests of justice. The prevailing party in any court action brought for the enforcement or interpretation of this Contract shall be entitled to receive from the losing party a reasonable sum for its attorneys’ fees and costs, in addition to any other relief to which it may be entitled. (b) Class Action Waiver: you hereby agree that you will only bring a Complaint in your individual capacity, and not as a plaintiff or class member in any purported class, multiple plaintiff, collective, representative or similar proceeding (each a “Class Action”). You expressly agree to not maintain any Class Action in any forum. Instead you agree to have each and every Complaint decided individually through arbitration. Complaints cannot be consolidated in arbitration unless all parties jointly agree in writing.

Appears in 13 contracts

Samples: Home Warranty Service Agreement, Home Warranty Service Agreement, Home Warranty Service Agreement

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Arbitration Contract. (a) Arbitration Contract (the “Contract”): You and we agree that any complaint, controversy or dispute arising out of or relating to this Agreement, the breach of this Agreement or the Service (a “Complaint”) shall exclusively be resolved by binding arbitration and not by a judge or jury. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (“ARS”) and you and we agree to be bound by the applicable rules of ARS, which can be found at www. xxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx. If ARS is not available and you and we are unable to agree on an alternative arbitration service, either may petition the American Arbitration Association (“AAA”) to appoint a single arbitrator to conduct the arbitration under AAA’s then current commercial or consumer rules, as applicable. This Contract covers disputes based upon contract, tort, consumer rights, fraud and other intentional torts, negligence,, constitution,, statute,, regulation,, ordinance, common law and equity. A demand for arbitration shall be made within a reasonable time after the Complaint has arisen but in no event after the applicable statute of limitations. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Contract involves and concerns interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any other inconsistent law, ordinance or judicialrulejudicial rule. This Contract is self-executing. Any disputes concerning the scope, interpretation or enforceability of this Contract, including without limitation, its revocability or voidability for any cause, the scope of arbitral issues and any defense based upon waiver, estoppel or laches shall be decided by the arbitrator. All arbitration fees shall be allocated to you and us as provided in the rules of the arbitration service, subject to the arbitrator’s discretion to reallocate such fees in the interests of justice. The prevailing party in any court action brought for the enforcement or interpretation of this Contract shall be entitled to receive from the losing party a reasonable sum for its attorneys’ fees and costs, in addition to any other relief to which it may be entitled. (b) Class Action Waiver: you hereby agree that you will only bring a Complaint in your individual capacity, and not as a plaintiff or class member in any purported class, multiple plaintiff, collective, representative or similar proceeding (each a “Class Action”). You expressly agree to not maintain any Class Action in any forum. Instead you agree to have each and every Complaint decided individually through arbitration. Complaints cannot be consolidated in arbitration unless all parties jointly agree in writing.

Appears in 8 contracts

Samples: Home Warranty Service Agreement, Home Warranty Service Agreement, Home Warranty Service Agreement

Arbitration Contract. (a) Arbitration Contract (the “Contract”): You and we agree that any complaint, controversy or dispute arising out of or relating to this Agreement, the breach of this Agreement or the Service (a “Complaint”) shall exclusively be resolved by binding arbitration and not by a judge or jury. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (“ARS”) and you and we agree to be bound by the applicable rules of ARS, which can be found at www. xxxxxxxxxxxxxx.xxx. If ARS is not available and you and we are unable to agree on an alternative arbitration service, either may petition the American Arbitration Association (“AAA”) to appoint a single arbitrator to conduct the arbitration under AAA’s then current commercial or consumer rules, as applicable. This Contract covers disputes based upon contract, tort, consumer rights, fraud and other intentional torts, negligence,constitution,statute,regulation,ordinance, common law and equity. A demand for arbitration shall be made within a reasonable time after the Complaint has arisen but in no event after the applicable statute of limitations. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Contract involves and concerns interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any other inconsistent law, ordinance or judicialrule. This Contract is self-executing. Any disputes concerning the scope, interpretation or enforceability of this Contract, including without limitation, its revocability or voidability for any cause, the scope of arbitral issues and any defense based upon waiver, estoppel or laches shall be decided by the arbitrator. All arbitration fees shall be allocated to you and us as provided in the rules of the arbitration service, subject to the arbitrator’s discretion to reallocate such fees in the interests of justice. The prevailing party in any court action brought for the enforcement or interpretation of this Contract shall be entitled to receive from the losing party a reasonable sum for its attorneys’ fees and costs, in addition to any other relief to which it may be entitled. (b) Class Action Waiver: you hereby agree that you will only willonly bring a Complaint in your individual capacity, and not as a plaintiff or class member in any purported class, multiple plaintiff, collective, representative or similar proceeding (each a “Class Action”). You expressly agree to not maintain any Class Action in any forum. Instead you agree to have each and every Complaint decided individually through arbitration. Complaints cannot be consolidated in arbitration unless all parties jointly agree in writing.

Appears in 2 contracts

Samples: Home Warranty Service Agreement, Home Warranty Service Agreement

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Arbitration Contract. (a) Arbitration Contract (the “Contract”): You and we agree that any complaint, controversy or dispute arising out of or relating to this Agreement, the breach of this Agreement or the Service (a “Complaint”) shall exclusively be resolved by binding arbitration and not by a judge or jury. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (“ARS”) and you and we agree to be bound by the applicable rules of ARS, which can be found at www. xxxxxxxxxxxxxx.xxx. If ARS is not available and you and we are unable to agree on an alternative arbitration service, either may petition the American Arbitration Association (“AAA”) to appoint a single arbitrator to conduct the arbitration under AAA’s then current commercial or consumer rules, as applicable. This Contract covers disputes based upon contract, tort, consumer rights, fraud and other intentional torts, negligence,, constitution,, statute,, regulation,, ordinance, common law and equity. A demand for arbitration shall be made within a reasonable time after the Complaint has arisen but in no event after the applicable statute of limitations. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Contract involves and concerns interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) to the exclusion of any other inconsistent law, ordinance or judicialrulejudicial rule. This Contract is self-executing. Any disputes concerning the scope, interpretation or enforceability of this Contract, including without limitation, its revocability or voidability for any cause, the scope of arbitral issues and any defense based upon waiver, estoppel or laches shall be decided by the arbitrator. All arbitration fees shall be allocated to you and us as provided in the rules of the arbitration service, subject to the arbitrator’s discretion to reallocate such fees in the interests of justice. The prevailing party in any court action brought for the enforcement or interpretation of this Contract shall be entitled to receive from the losing party a reasonable sum for its attorneys’ fees and costs, in addition to any other relief to which it may be entitled. (b) Class Action Waiver: you hereby agree that you will only bring a Complaint in your individual capacity, and not as a plaintiff or class member in any purported class, multiple plaintiff, collective, representative or similar proceeding (each a “Class Action”). You expressly agree to not maintain any Class Action in any forum. Instead you agree to have each and every Complaint decided individually through arbitration. Complaints cannot be consolidated in arbitration unless all parties jointly agree in writing.

Appears in 1 contract

Samples: Home Warranty Service Agreement

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