ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ARBITRATION PROVISION AND CLASS ACTION WAIVER. You can opt out of the Arbitration Provision as provided below and you will not lose any of the rights and benefits of your accounts.
ARBITRATION PROVISION AND CLASS ACTION WAIVER. Any claim or controversy arising out of or relating to this Agreement, your use of the Products, or any acts or omissions for which you contend we are liable, including, but not limited to, whether a particular claim or controversy is subject to this section (“Dispute”), will be finally, and exclusively, settled by arbitration held before one arbitrator under the then prevailing Commercial Arbitration Rules and Rules for Expedited Procedures of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Phoenix, Arizona. The arbitrator will be selected pursuant to the AAA rules. The arbitrator will have the power to award no more than the prevailing party’s actual, compensatory damages in connection with any Dispute, and may not award damages in excess of actual, compensatory damages, such as by multiplying actual damages or by awarding consequential, punitive, or exemplary damages (collectively, “Enhanced Damages”), and both you and we irrevocably waive any claim to Enhanced Damages, except where such a waiver would explicitly violate
ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU T AGREE THAT BY RETAINING AND/OR USING YOUR MEDICAL a ALERT DEVICE BEYOND 30 DAYS OF DELIVERY, AND a THEREBY ACCEPTING AND AGREEING TO THE CONTRACT w TERMS AND CONDITIONS, YOU AND THE COMPANY ARE c EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL u OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE t COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST E THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, A AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY B PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE A PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON P AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS o ACTIONS ARE NOT PERMITTED. A You and the Company agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Contract Terms and Conditions, your use of the Medical Alert Program, the Equipment, or the Monitoring Services, or your and the Company’s dealings with one another in connection with the Medical Alert Program, the Equipment, or the Monitoring Services shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the Arbitration Rules and Procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and the Company both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and the Company must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve f any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by ...
ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 30
ARBITRATION PROVISION AND CLASS ACTION WAIVER. “the Arbitration Provision”) THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.
