Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. (ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. (iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. (iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties. (v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 12 contracts
Samples: Residential Services Subscriber Agreement, Residential Services Subscriber Agreement, Residential Services Subscriber Agreement
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 9 contracts
Samples: Business Service Order Agreement, Business Services Customer Terms and Conditions, Business Services Customer Terms and Conditions
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 9 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Deposit Account Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you This Arbitration provision is governed by the Company concerns interstate commerce, the Federal Arbitration Act Act, 9 U.S.C. §§ 1-16 ("the “FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal Virginia law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceedingextent state law is relevant under the FAA. If there The administrator’s rules that are in effect when a Claim is a filed will apply unless those rules conflict between with this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeprovision. The arbitrator will honor claims apply applicable substantive law, consistent with the FAA, statutes of privilege recognized by applicable law limitations and will take reasonable steps to protect Customer account information and other confidential or proprietary informationprivileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence. Subject to the Limitations on Arbitration section above, the arbitrator may award any relief available in court on an individual basis claim consistent with the constitutional standards applicable in judicial proceedings. The arbitration will be confidential, but you may notify any relief that would government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be available in conducted solely based on documents, through a courttelephonic hearing or by an in- person hearing. At any party’s request, including injunctive or declaratory relief and attorneys' fees.
(iv) The the arbitrator will make any award in writing but need not provide offer a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
(v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a brief written notice of appeal filed within thirty (30) days from the date of entry explanation of the written arbitration award. The members of the three-arbitrator panel arbitrator’s award will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to the Arbitration provision. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the award. Arbitration hearings will take place by telephone or in the federal judicial district where you live. ARBITRATION FEES AND COSTS You will be responsible for paying your share of any arbitration fees (including filing, administrative, arbitrator hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional Arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees. INSTRUCTIONS FOR REJECTING ARBITRATION You may reject this Arbitration provision. To do so, you must send a written notice to us stating that you reject arbitration. Your rejection notice must be signed by you and include your name, address and Account number. Your letter notifying us that you reject this Arbitration provision must be postmarked within 60 days of the Account Opening Date. If you do not know your Account Opening Date, please call the number listed on the back of your card to obtain the date. You must mail your rejection notice to HSBC Bank, N.A. X.X. Xxx 0, Xxxxxxx, XX 00000. This is the only way that you can reject this Arbitration provision. If you reject this Arbitration provision, all other parts of the Agreement will continue to apply. Rejecting this Arbitration provision has no effect on any other agreements.
Appears in 7 contracts
Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 7 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Section is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between extent enforceable under the FAA) this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision Section shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 7 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Kladot Visa Commercial Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1- 16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 6 contracts
Samples: User Agreement, Mygenesis Wallet Agreement, Mygenesis Wallet Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company Xxxxxx concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company Xxxxxx may apply to and toand govern the substance of any Disputes. No state arbitration statute shall apply statutes pertaining to the arbitration proceedingarbitrationshall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute yourdispute with the CompanyXxxxxx. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition mutuallypetition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this betweenthis Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall Provisionshall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such a request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within thirty (30) the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) 120 days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 3 contracts
Samples: Movo Digital Bank Account and Debit Mastercard Agreement, Movo Digital Bank Account and Debit Mastercard Agreement, Movo Digital Bank Account and Debit Mastercard Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you This Arbitration Provision is governed by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims apply applicable substantive law, statutes of privilege recognized limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, except for disclosures of this information by the Bank or you required in the ordinary course of business, by applicable law and will take reasonable steps or regulation or to protect Customer account information and other confidential the extent necessary to exercise any judicial review rights set forth in this Agreement. You or proprietary information. The arbitrator we may award on an individual basis notify any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement government authority of reasons unless requested by a party the Claim as permitted or required by applicable law. An award granted If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator may will provide a brief written explanation of the award. The arbitrator’s award will be enforced final and binding, subject to each party’s right of appeal as stated in any court with appropriate jurisdiction over this section and/or to challenge or appeal an arbitration award pursuant to the parties.
(v) If FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award granted by the arbitrator exceeds $75,000, either party may appeal that award to is issued. The parties will select a three-arbitrator panel administered by the same selected arbitration organization to decide anew, by a majority vote based on written notice of appeal filed within thirty (30) days from the date of entry submissions, any aspect of the written arbitration awarddecision objected to. The members of the three-arbitrator panel appeal will be selected according otherwise proceed pursuant to the rules of the arbitration organization's appellate rules. Judgment upon any award may be entered into in any court having jurisdiction. The arbitration organization hearing will then notify take place in New York, New York, but you may select to move the other party that arbitration hearings to the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days federal judicial district of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAAyour residence.
Appears in 3 contracts
Samples: Business Checking Account Agreement, Business Checking Account Agreement, Business Checking Account Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 3 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U. S. C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization; which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Choctaw Nation Prepaid Grant Cardholder Agreement, Chickasaw Nation Grant Card Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you Company by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive Company receives the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Company’s dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Commercial Internet Service Agreement, Commercial Internet Service Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within thirty (30) the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) 120 days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Movo Digital Bank Account and Debit Mastercard Agreement, Movo Digital Bank Account and Debit Mastercard Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(ii) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the CompanyDispute. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Xfinity Home Control Services Agreement, Xfinity Home Control Services Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the date of arbitration (or any appeal thereof), the appealing party's notice of arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). The decision of If and to the three-arbitrator panel shall be final and bindingextent you incur filing, except administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgm ent upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”), not state . The arbitration law, shall govern be governed by the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply Code except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.Provision
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
(v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Residential Services Subscriber Agreement, Residential Services Subscriber Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Cardholder Agreement, Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 2 contracts
Samples: Terms and Conditions of Service, Terms and Conditions of Service
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry organization, which shall consider anew any aspect of the written arbitration awardinitial award objected to by the appealing party. The members appealing party shall have thirty Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the three-arbitrator panel will be selected according to federal judicial district of your primary residence. At the rules conclusion of the arbitration organization(or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). The arbitration organization If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will then notify reimburse you to that extent unless the other party arbitrator (or panel) determines that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for fees were incurred without any appellate right which exists under the FAAsubstantial justification.
Appears in 2 contracts
Samples: Bausch + Lomb® Horizon Rewards Visa® Incentive Card or Virtual Account Agreement, Account Holder Agreement
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company SKYFREQUENCY concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company SKYFREQUENCY may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanySKYFREQUENCY. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealedthe
(a) CUSTOMER MUST CONTACT SKYFREQUENCY WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH CUSTOMER MUST CONTACT SKYFREQUENCY WITHIN SIXTY (60) DAYS AS PROVIDED IN SECTION 3.9 OF THE GENERAL TERMS AND CONDITIONS), OR CUSTOMER WAIVES THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(b) ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. The three-arbitrator panel will issue its decision within one hundred and twenty THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and bindingSUCH AS A PRIVATE ATTORNEY GENERAL), except for any appellate right which exists under the FAAOTHER SUBSCRIBERS, OR OTHER PERSONS.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) Services provided to you by the Company ChargePoint concerns interstate commerce, the Federal Arbitration Act ("FAA".), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company ChargePoint may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyChargePoint. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary informationproprietaryinformation. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company Infostructure concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company Infostructure may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyInfostructure. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three- arbitrator panel shall be final and binding, except for any appellate right which exists The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three- arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Terms and Conditions of Service
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Xxxxxxxxx receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company Xxxxxx concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company Xxxxxx may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyXxxxxx. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Service Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Cost to Open Partner Employee Account/Card Purchase Fee: None Fee Plan for Purchases FeeAdvantage Plan Plan Fee None Signature Purchase Transaction Fee Included In Plan Fee PIN Purchase Transaction Fee Included In Plan Fee Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the purchase transaction Over the Counter Cash Withdrawal Fee at a financial institution (also referred to as the “OTC Fee”) $2.50 per withdrawal. A Foreign Transaction Fee may also apply, except for any appellate right which exists under if applicable. A fee may also be assessed by the FAAfinancial institution and may vary from location to location. Over the Counter Cash Withdrawal Fee at a NetSpend Reload Network location (also referred to as the “OTC Fee”) Fee may be assessed by reload location and may vary from location to location. Service not available in all reload locations. Domestic ATM Cash Withdrawal Fee $2.50 per withdrawal, plus ATM owner fees, if any. International ATM Cash Withdrawal Fee $4.95 per withdrawal, plus the Foreign Transaction Fee, and ATM owner fees, if any. Foreign Transaction Fee 3.5% of the U.S. Dollar amount of the cash withdrawal. ATM Transaction Decline Fee $1.00 each. Tip to avoid ATM fees: Select “DEBIT” and enter your PIN to get cash back when making purchases at many retailers, such as grocery stores. Direct Deposit Fee None. Fee to add cash or check proceeds at a NetSpend Reload Network location Fee may be assessed by reload location and may vary from location to location. Bank Transfer Fee Visit your online Account Center to learn how to transfer funds to your Card from another bank account using a bank debit card or account number. Fees are determined and may be charged to the transferor’s bank account by the service provider or origination bank. Account-to-Account Transfer Fee via website or text message None; standard text message rates may apply. Account-to-Account Transfer Fee via Customer Service Agent $4.95 each.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. Purchaser and Seller agree that, except as otherwise provided in this Agreement, any arbitration shall be administered by
(i) Because in the Service(scase of a claim made by Seller against Purchaser, the Center for Public Resources Institute for Dispute Resolutions (hereinafter in the "Seller ARBITRATION SERVICE") in accordance with its then prevailing Rules for Non-Administered Arbitration of Business Disputes (except as otherwise provided herein), such action to you be commenced and heard in Santa Xxxxx County, California; and
(ii) in the case of a claim made by Purchaser against Seller, the Judicial Arbitration and Mediation Services, Inc. ("JAMS") which is headquartered in Santa Xxxxx County, California under the auspices and rules of JAMS, such action to be commenced and heard in Xxxx County, Illinois. The arbitrator shall be selected by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law mutual agreement of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organizationparties. If the parties are unable cannot agree on a neutral arbitrator, Seller first, and then Purchaser, will alternately strike names from a list provided by the Seller Arbitration Service or JAMS, as applicable, until only one name remains. The arbitrator shall have exclusive authority to agreeresolve any dispute relating to the interpretation, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the DisputeAgreement is void or voidable. The arbitrator will honor claims shall apply the applicable statute of privilege recognized by applicable law and will take reasonable steps limitations to protect Customer any claim, taking into account information and other confidential or proprietary informationcompliance with the notice provision set forth in subsection (c) above. The arbitrator may award on an individual basis any relief that would shall issue a written opinion and award, which shall be available in a court, including injunctive or declaratory relief signed and attorneys' fees.
dated (iv) the "ARBITRATOR DECISION"). The arbitrator will make any shall be permitted to award in writing but need not provide a statement of reasons unless requested by a party or required by those remedies that are available under applicable law. An award granted by The Arbitrator Decision regarding the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
(v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel Claims shall be final and bindingbinding upon the parties. The arbitrator's award shall be enforceable in any court having jurisdiction thereof. Notwithstanding anything to the contrary in the Seller Arbitration Services or JAMS rules and procedures, except the arbitration shall provide for any appellate right (i) written discovery and depositions adequate to give the parties access to documents and witnesses that are essential to the dispute and (ii) a written decision by the arbitrator that includes the essential findings and conclusions upon which exists under the FAAdecision is based.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the The Federal Arbitration Act fully applies to the Arbitration Agreement. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s ("FAA"“AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), not state as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration lawpage, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. xxxx://xxx.xxx.xxx /consumer If there is a conflict any inconsistency between any term of the AAA Rules and any term of this Arbitration Provision and Agreement, the rules applicable terms of the arbitration organization, this Arbitration Provision shall govern. If the AAA Agreement will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputecontrol. The arbitrator will honor claims must also follow the provisions of privilege recognized these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defense to arbitration, including waiver, delay, laches, or estoppel. During arbitration proceedings, the amount of any settlement offer made by applicable law Stability or you shall not be disclosed to the arbitrator. Although arbitration proceedings are usually simpler and will take reasonable steps to protect Customer account information more streamlined than trials and other confidential or proprietary information. The judicial proceedings, the arbitrator may can award the same damages and relief on an individual basis any relief that would be available in a court, including injunctive or declaratory relief court can award to an individual under these Terms and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An While an arbitrator may award granted declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claim. The arbitrator’s decision and judgment thereon will not have a precedent or collateral estoppel effect on any other Claim. Decisions by the arbitrator are enforceable in court and may be enforced overturned by a court only for very limited reasons. Any arbitration hearings will take place in any court with appropriate jurisdiction over New York, New York, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the parties.
(v) If an award granted by arbitration will be conducted solely on the basis of documents submitted to the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization or by a written notice of appeal filed within thirty (30) days from hearing will be determined in accordance with the date of entry AAA Rules. Regardless of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of manner in which the arbitration organization. The arbitration organization is conducted, the arbitrator will then notify issue a reasoned written decision sufficient to explain the other party that essential findings and conclusions on which the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAAis based.
Appears in 1 contract
Samples: End User License Agreement
Arbitration Procedures. (i) Because If, in the Service(s) provided sole judgement of the Contractor, the controversy, dispute or claim is principally between the Contractor and Subcontractor and does not involve the Owner, then such controversy, dispute or claim between the Contractor and Subcontractor shall be determined as hereinafter provided: If any party has a claim, dispute, or any other unresolved matter written notice of the claim, dispute or other matter in question must be given to you the other party as a precondition to proceeding with any claim against that party. Such written notice must be given within a reasonable time after party is aware of claim, dispute or other matter.
17.2.1 All claims, disputes and other matters in question between the Subcontractor and the Contractor arising out of or related to the Subcontract Agreement or the breach thereof, except as specifically governed by the Company concerns interstate commerceforegoing provisions, and except for claims which have been waived by the making and acceptance of final payments, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining at the sole option of the Contractor. If a demand for arbitration is filed by the Subcontractor, the Federal Arbitration Act ("FAA"), not state Contractor will advise the Subcontractor within thirty days after receipt of such a demand for arbitration law, if the Contractor exercises the option to arbitrate or rejects arbitration; such election once made shall govern be binding. The filing of a demand for arbitration by the arbitrability of all Disputes. However, applicable federal law or Contractor shall be deemed an election to arbitrate and shall constitute the law exercise of the state where you receive option of the Service(s) from Contractor to proceed with arbitration. The Contractor may join or consolidate arbitration with the Company may apply to and govern Owner, Architect or any Subcontractor, or any other party having an interest in the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision This agreement to arbitrate shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by be specifically enforceable under applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate having jurisdiction over the parties.
(v) If an thereof. The award granted rendered by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30arbitrator(s) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and bindingjudgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
17.2.2 The Subcontractor agrees to continue performance of the subcontract Work and shall proceed in accordance with the directives of the Contractor in the event of a dispute or controversy. It being understood and agreed that any controversy between the parties shall not be deemed a basis to delay or suspend the work, except for any appellate right which exists under unless directed otherwise by the FAAContractor.
Appears in 1 contract
Samples: Subcontract Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by as law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Safe Visa Gift Card Agreement
Arbitration Procedures. (i) Because the Service(s) service provided to you by the Company Packerland concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability arbitration of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company Packerland may apply to and govern the substance of any Disputes. No Any state arbitration statute statutes pertaining to arbitration, however, shall apply to the arbitration proceedingnot be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organizationorganization chosen, this Arbitration Provision shall govern. If the AAA arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyPackerland. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization a service that will enforce this Arbitration the Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,00025,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Service Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the The Federal Arbitration Act ("“FAA"”), not state arbitration law, shall will govern the arbitrability of all Disputes. However, applicable federal law or the Georgia law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No Any state statutes pertaining to arbitration statute shall apply to the arbitration proceedingnot be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organizationapplicable AAA rules, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Buyer’s dispute with the CompanySeller. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . Seller will bear the costs and attorneys' fees associated with such a petition. If there is a conflict between this Arbitration Provision and the rest other provisions of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator chosen by the AAA will resolve the Dispute. Buyer should know that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In addition to any relief other procedures set up by the AAA rules or the arbitrator, the parties agree that would any information disclosed during discovery that has been designated as confidential or propriety shall remain in the exclusive physical custody, protection, and control of the Buyer or its attorneys, shall not be available in a courtdistributed or disseminated to any other persons, and shall be returned, including injunctive or declaratory relief and attorneys' fees.
(iv) all copies thereof, to Seller within 30 days after conclusion of any arbitration proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Consolidated Billing Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.protect
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
(v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided to you Company by the Company Infostructure concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive Company receives the Service(s) Service from the Company Infostructure may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Company’s dispute with the CompanyInfostructure. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-three- arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided to you Company by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive Company receives the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Company’s dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Disclosure is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U. S. C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between extent enforceable under the FAA) this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision Disclosure shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitration organization will appoint a three- arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Prepaid Visa Corporate Gift Card Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you The arbitration will be administered by the Company concerns interstate commerce, the Federal American Arbitration Act Association ("FAA"“AAA”), not state arbitration lawand except as provided in this Agreement, shall govern will be under the arbitrability of all Disputes. However, applicable federal law or the law then current Employment Arbitration Rules of the state where you receive AAA (“AAA Rules”) (the Service(s) from AAA Rules are available via the Company may apply internet at xxx.xxx.xxx/xxxxxxxxxx or by using a service such as Google to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If search for “AAA Employment Arbitration Rules”); provided, however, that if there is a conflict between the AAA Rules and this Arbitration Provision Agreement, this Agreement shall govern. Unless the parties jointly agree otherwise, the Arbitrator must be an attorney experienced in employment law and licensed to practice law in the rules of state in which the arbitration organizationis convened, this Arbitration Provision shall governor a retired judge from any jurisdiction. Unless the parties jointly agree otherwise, the arbitration will take place within 25 miles of and in the state where I am currently employed or was last employed by the Company (or worked for Client, as applicable). The Arbitrator will be selected as follows: The AAA will give each party a list of nine (9) arbitrators (who are subject to the qualifications listed in the preceding paragraph) drawn from its panel of arbitrators from which the parties will strike alternately by telephone conference administered by AAA, with the party to strike first to be determined by a coin toss conducted by AAA, until only one name remains. That person will be designated as the Arbitrator. If the individual selected cannot serve, AAA will issue another list of nine (9) arbitrators and repeat the alternate striking selection process. If the AAA will not enforce this Arbitration Provision as writtenadminister the arbitration, it cannot serve as the arbitration organization either party may apply to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate competent jurisdiction with authority over the location where the arbitration will be conducted to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeneutral Arbitrator. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator Arbitrator may award on an individual basis any relief remedy to which a party is entitled under applicable law, but remedies will be limited to those that would be available to a party in a courttheir individual capacity for the claims presented to the Arbitrator. The Arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted. Either party may file dispositive motions, including injunctive or declaratory relief without limitation a motion to dismiss and/or a motion for summary judgment and attorneys' fees.
(iv) the Arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrator Arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
(v) If issue an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed opinion within thirty (30) days from the date of entry of the written arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion will be in writing and include the factual and legal basis for the award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that Judgment on the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days issued by the Arbitrator may be entered in any court of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAAcompetent jurisdiction.
Appears in 1 contract
Samples: Mutual Agreement to Arbitrate
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the extent enforceable under the FAA) this arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgm ent upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), except the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Joytel concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Joytel may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyJoytel. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Business Services Customer Agreement
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) service provided to you by the Company Astrea concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability arbitration of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company Astrea may apply to and govern the substance of any Disputes. No Any state arbitration statute statutes pertaining to arbitration, however, shall apply to the arbitration proceedingnot be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organizationorganization chosen, this Arbitration Provision shall govern. If the AAA arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyAstrea. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization a service that will enforce this Arbitration the Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,00025,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Service Agreement
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company Streamline concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) service from the Company Streamline may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanyStreamline. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES) ABOUT WHICH YOU MUST CONTACT STREAMLINE WITHIN SIXTY (60) DAYS AS PROVIDED IN SECTION 2 OF THIS AGREEMENT, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS
Appears in 1 contract
Samples: Terms and Conditions
Arbitration Procedures. The arbitration will be conducted in accordance with the then-existing JAMS Employment Arbitration Rules & Procedures, as amended, (i“JAMS Employment Rules”) Because the Service(s) and as augmented in this Agreement. Arbitration will be initiated as provided to you by the Company concerns interstate commerceJAMS Employment Rules. JAMS Employment Rules can be found at xxxxxxx.xxx/xxxxx, the Federal Arbitration Act ("FAA")or by calling JAMS at 000-000-0000. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, not state neither party will initiate or prosecute any lawsuit or administrative action in any way related to any applicable dispute or claim, except as set forth in this Agreement. All disputes or claims subject to arbitration law, shall govern the arbitrability of all Disputeswill be decided by a single arbitrator. However, applicable federal law or the law The arbitrator will be selected by mutual agreement of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this Arbitration Provision and the rules parties within 30 days of the arbitration organization, this Arbitration Provision shall govern. If effective date of the AAA will not enforce this Arbitration Provision as written, it cannot serve as notice initiating the arbitration organization to resolve your Dispute with the Company. If this situation arises, the parties shall agree on a substitute arbitration organizationarbitration. If the parties are unable to agreecannot agree on an arbitrator, then the parties shall mutually petition a court complaining party will notify JAMS and request selection of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and arbitrator in accordance with the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the DisputeJAMS Employment Rules or other applicable JAMS rules. The arbitrator will honor only have authority to award equitable relief, damages, costs, and fees as a court would have for the particular claims asserted, and any action of privilege recognized the arbitrator in contravention of this limitation may be the subject of court appeal by applicable law and the aggrieved party. All other aspects of the arbitrator’s ruling will take reasonable steps to protect Customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' feesfinal.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law7. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
(v) If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within Arbitration Decision: Within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules close of the arbitration organizationhearing, or at such other time as determined by the arbitrator, any party will have the right to prepare, serve on the other party, and file with the arbitrator a brief. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, all proceedings and all documents prepared in connection with any arbitration organization will then notify be confidential and the arbitration subject matter will not be disclosed to any person other party that than the parties to the proceedings, their counsel, witnesses and experts, the arbitrator, and, if involved, the court and court staff. All documents filed with the arbitrator or with a court, to the maximum extent allowed by law, will be filed under seal. The parties will stipulate to all arbitration and court orders necessary to effectuate these confidentiality provisions. A court of competent jurisdiction will have the authority to enter a judgment upon the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of made pursuant to the date of the appealing party's notice of arbitration or applicable arbitration appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (i) Because the Service(s) provided to you by the Company commZoom concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable Applicable federal law or the law of the state where you receive the Service(s) Service from the Company commZoom may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration statute shall apply to the arbitration proceedingbe applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute dispute with the CompanycommZoom. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) . A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the parties.
(v) parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Terms and Conditions of Service
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Comcast concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive Customer receives the Service(s) Service from the Company Comcast may apply to and govern the substance of any Disputes. No state statute pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyComcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall shal mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesparties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-three- arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-three- arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Arbitration Procedures. (ia) Because the Service(s) provided to you Customer by the Company Crosswind concerns interstate commerce, the Federal Arbitration Act ("“FAA"”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) Customer receives the Service from the Company Crosswind may apply to and govern the substance of any Disputes. No state statue pertaining to arbitration statute shall apply to the arbitration proceeding. be applicable under this Arbitration Provision.
(b) If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your Dispute Customer’s dispute with the CompanyCrosswind. If this situation arises, the parties Parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties Parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) . If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision Agreement shall govern.
(iiic) A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect Customer customer account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(ivd) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable lawparty. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate having jurisdiction over the partiesParties for purposes of enforcement.
(ve) If an award granted by the arbitrator exceeds $75,000, either party may part can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award xxxx has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's ’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Terms and Conditions
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U. S. C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and will take reasonable steps to protect Customer account information and other confidential or proprietary informationCode. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator may award on an individual basis with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any relief that would appeal thereof), the arbitrator (or panel) will decide who will ultimately be available responsible for paying the filing, administrative and/or hearing fees in a courtconnection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including injunctive for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or declaratory relief federal court which is closest to your billing address and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate would have had jurisdiction over the parties.
(v) If an award granted by Claim, we will reimburse you to that extent unless the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30or panel) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party determines that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for fees were incurred without any appellate right which exists under the FAAsubstantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final andbinding. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and bindingto the extent you incur filing, except administrative and/or hearing fees in arbitration, including for any appellate right appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which exists under is closest to your billing address and would have had jurisdiction over the FAAClaim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Appears in 1 contract
Samples: Cardholder Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-three- arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.
Appears in 1 contract
Samples: Deposit Account Agreement
Arbitration Procedures. (i) Because the Service(s) provided This Arbitration Provision is made pursuant to you by the Company concerns a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act Act, 9 U.S.C. Sections 1-16, as it may be amended ("the “FAA"”). The arbitration shall be governed by the applicable Code, not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Service(s) from the Company may apply to and govern the substance of any Disputes. No state arbitration statute shall apply except that (to the arbitration proceeding. If there is a conflict between this Arbitration Provision and extent enforceable under the rules of the arbitration organization, FAA) this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, control if it cannot serve as the arbitration organization to resolve your Dispute is inconsistent with the Company. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written.
(ii) If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
(iii) A single arbitrator will resolve the Disputeapplicable Code. The arbitrator will shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable law and Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to protect Customer account information preserve the privacy of individuals, and other confidential or proprietary informationof business matters. The arbitrator may Judgment upon the award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
(iv) The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted rendered by the arbitrator may be enforced entered in any court with appropriate jurisdiction over the parties.
(v) If an award granted having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the arbitrator exceeds $75,000FAA. However, either any party may can appeal that award to a three-arbitrator panel administered by the same arbitration organization organization, which shall consider anew any aspect of the initial award objected to by a written notice of appeal filed within the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration awardaward to notify the arbitration organization that it is exercising the right of appeal. The members of the three-arbitrator panel will appeal shall be selected according to the rules of filed with the arbitration organizationorganization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appealappellant’s written notice. The decision of the three-arbitrator panel shall be by majority vote and shall be final and binding, except for any appellate right which exists under the FAA.. Continuation:
Appears in 1 contract
Samples: Cardholder Agreement