Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You by the AAA. However, You will be responsible for Your own attorneys' fees, unless You prevail on Your Claim in the arbitration, in which case, We will pay Your attorneys' fees. However, if the Credit Union prevails, then You will not be required to pay Our attorneys' fees and costs. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 3 contracts
Samples: Credit Line Account Agreement, Credit Line Account Agreement, Credit Line Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 fifty (50) miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 3 contracts
Samples: Share Account Agreement, Share Account Agreement, Share Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under relief. The arbitrator shall follow the California Unfair Competition Law law and Consumer Legal Remedies Actshall not be entitled to make errors of law. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed; provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law. The Credit Union Bank shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAAAAA (or the applicable arbitration forum). However, You you will be responsible for Your your own attorneys' fees, unless You prevail on Your Claim in the arbitration, in which case, We will pay Your attorneys' ’ fees. However, if the Credit Union prevails, then You will not The arbitrator shall be required entitled to pay Our award attorneys' ’ fees and costscosts if provided for under any agreement between you and the Bank or applicable law. Any determination as to whether this Arbitration Agreement arbitration provision is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Courta court with proper jurisdiction.
Appears in 3 contracts
Samples: Agreement for Deposit, Agreement for Deposit, Agreement for Deposit
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You by the AAA. However, You will be responsible for Your own attorneys' attorney’s fees, unless You prevail on Your Claim in the arbitration, in which case, We we will pay Your attorneys' attorney’s fees. However, if the Credit Union prevails, then You will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Visa Platinum Rewards Program Agreement, Visa Platinum Rewards Program Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in courtajudgment incourt. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court court, and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your Claim in your Claimin the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in courtajudgment incourt. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your Claim in your Claimin the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-non- privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' ’ fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your your attorneys' ’ fees. However, if the Credit Union prevails, then You you will not be required to pay Our its attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Overdraft Protection and Payassure Service Agreement, Overdraft Protection and Payassure Service Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 fifty (50) miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court court, and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Share Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-non- privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' ’ fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your your attorneys' ’ fees. However, if the Credit Union prevails, then You you will not be required to pay Our its attorneys' ’ fees and costs. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Membership and Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rulesrules. The Arbitrator's arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your Claim your claim in the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement arbitration agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver class action waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Member Account Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Unfair Competition Law and Law, Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union credit union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' ’ fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your your attorneys' ’ fees. However, if the Credit Union credit union prevails, then You you will not be required to pay Our its attorneys' ’ fees and costs. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Arbitration Agreement
Arbitration Proceedings. The arbitration shall be conducted within 50 miles of Your your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the through arbitration. The Arbitrator arbitrator shall be entitled to award the same remedies that a court can award, including public injunctive relief under the California Texas Unfair Competition Law and Consumer Legal Remedies Act. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator's ’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Credit Union shall pay for any filing, administration, and arbitrator fees imposed on You you by the AAA. However, You you will be responsible for Your your own attorneys' attorney’s fees, unless You you prevail on Your your Claim in the arbitration, in which case, We we will pay Your attorneys' your attorney’s fees. However, if the Credit Union prevails, then You you will not be required to pay Our our attorneys' ’ fees and costscost. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Membership and Account Agreement