Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through the following Arbitration Provision; To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless You and We agree, the Arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You AGREE and UNDERSTAND THAT this Arbitration Provision means that You give up Your right to go to court on any claim covered by this Provision. You also agree that any Arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements in Your state. In the event this Arbitration Provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through Read the following Arbitration Provision; arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either You YOU or We WE must make a written demand to the other party for Arbitrationarbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim CLAIM is filed. You YOU may get a copy of these AAA AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxxXxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration arbitration will be shared equally between You YOU and UsUS. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitrationarbitration. Unless You YOU and We WE agree, the Arbitration arbitration will take place in the county and state where You YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration not any state law will applyon arbitration. You YOU AGREE and AND UNDERSTAND THAT this Arbitration Provision arbitration provision means that You YOU give up Your YOUR right to go to court on any claim CLAIM covered by this Provisionprovision. You also agree that any Arbitration arbitration proceeding will only consider Your claimsYOUR CLAIMS. Claims CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements in Your stateYOUR CLAIMS. In the event this Arbitration Provision provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You YOU and We WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You YOU and UsUS, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. RIGHT TO RETURN AGREEMENT YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.
Appears in 1 contract
Samples: Vehicle Service Agreement
Arbitration Provision. In the event of litigation between You and UsRead The Following Arbitration Provision (“Provision”) Carefully. It Limits Certain Of Your Rights, proceeding will be made through the following Arbitration Provision; Including Your Right To Obtain Relief Or Damages Through Court Action. To begin Arbitration, either You or We must make a written demand to the other party for Arbitrationarbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxxXxxxx, Xxx Xxxx, XX 00000, calling 0-(000-) 000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitrationarbitration. Unless You and We agree, the Arbitration arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You YOU AGREE and AND UNDERSTAND THAT this Arbitration Provision arbitration provision means that You give up Your right to go to court on any claim covered by this Provisionprovision. You also agree that any Arbitration arbitration proceeding will only consider Your claimsClaims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claimsClaims. Please refer to the Special State Disclosures section of this Service Agreement Contract for any added requirements in Your state. In the event this Arbitration Provision provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
Appears in 1 contract
Samples: Service Contract Terms And
Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through Read the following Arbitration Provision; arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either You YOU or We WE must make a written demand to the other party for Arbitrationarbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim CLAIM is filed. You YOU may get a copy of these AAA AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxxXxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration arbitration will be shared equally between You YOU and UsUS. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitrationarbitration. Unless You YOU and We WE agree, the Arbitration arbitration will take place in the county and state where You YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration not any state law will applyon arbitration. You YOU AGREE and AND UNDERSTAND THAT this Arbitration Provision arbitration provision means that You YOU give up Your YOUR right to go to court on any claim CLAIM covered by this Provisionprovision. You also agree that any Arbitration arbitration proceeding will only consider Your claimsYOUR CLAIMS. Claims CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements in Your stateYOUR CLAIMS. In the event this Arbitration Provision provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You YOU and We WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You YOU and UsUS, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. RIGHT TO RETURN AGREEMENT YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.
Appears in 1 contract
Samples: Vehicle Service Agreement
Arbitration Provision. In the event of litigation between THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND HERTZ (HEREINAFTER "HERTZ") EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Us, proceeding will be made through Hertz remain free to bring any issues to the following attention of government agencies. This Arbitration Provision; To begin Arbitration's scope is broad and includes, either You without limitation, any claims relating to any aspect of the relationship or We must make a written demand communications between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the other party for Arbitrationexistence, scope or validity of this Arbitration Provision. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless You and We agree, the Arbitration arbitration will take place in the county and state where You liveof Your billing address unless agreed otherwise. The Federal American Arbitration Act, 9 U.S.C. § 1, et seq., Association ("AAA") will govern and no state, local or other administer any arbitration law will applypursuant to its Consumer Arbitration Rules (the "Rules"). You AGREE and UNDERSTAND THAT this Arbitration Provision means that You give up Your right to go to court on any claim covered by this Provisioncan obtain the Rules at xxx.xxx.xxx. You also agree or Hertz may commence an arbitration by providing a written demand for arbitration to the other (to Hertz, 0000 Xxxxxxxx Xxxx, Estero, FL 33928, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, Hertz will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that any Arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will case and cannot be arbitrated used in any proceeding that is considering other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT xx.xxxxxxxxxxx@Xxxxx.xxx OR BY MAIL TO Hertz, 0000 Xxxxxxxx Xxxx, Estero, FL 33928, Attn: Legal Department. Include Your claims. Please refer to the Special State Disclosures section of this Service name, address, reservation ID number or Rental Agreement for any added requirements in Your state. In the event this Arbitration Provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judgenumber (if provided), and a jury will clear statement that You do not be impaneled or struckagree to this Arbitration Provision. If you have previously notified Hertz of Your decision to opt out of arbitration, You do not need to do so again.
Appears in 1 contract
Samples: Agreement
Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through Read the following Arbitration Provision; arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either You YOU or We WE must make a written demand to the other party for Arbitrationarbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim CLAIM is filed. You YOU may get a copy of these AAA AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxxXxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration arbitration will be shared equally between You YOU and UsUS. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitrationarbitration. Unless You YOU and We WE agree, the Arbitration arbitration will take place in the county and state where You YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration not any state law will applyon arbitration. You YOU AGREE and AND UNDERSTAND THAT this Arbitration Provision arbitration provision means that You YOU give up Your YOUR right to go to court on any claim CLAIM covered by this Provisionprovision. You also agree that any Arbitration arbitration proceeding will only consider Your claimsYOUR CLAIMS. Claims CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements in Your stateYOUR CLAIMS. In the event this Arbitration Provision provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You YOU and We WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You YOU and UsUS, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
Appears in 1 contract
Samples: Vehicle Service Agreement
Arbitration Provision. Any dispute, controversy or claim (collectively “Claims”) arising out of or relating to this Agreement, including but not limited to Claims arising out of or relating to any underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the arbitration is commenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any such arbitration shall be held in Cumberland County, Tennessee, unless You and We mutually agree on a different location. We shall select and notify You of Our selection for the first arbitrator and within ten (10) days of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator. A third arbitrator shall be selected by the arbitrators named by the aforementioned parties. Each party shall be responsible for its own costs and expenses, but the costs and expenses of the third arbitrator shall be shared by You and Us. You and We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act applies hereto. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable. In the event of litigation a conflict or inconsistency between You and Us, proceeding will be made through the following Arbitration Provision; To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless You and We agree, the Arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You AGREE and UNDERSTAND THAT this Arbitration Provision means that You give up Your right and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is intended or should be construed as consent to go class-action or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. This Paragraph D(1) shall survive the termination of this Agreement. The following additional terms and conditions apply only to court on Agreements purchased in the states indicated below and shall govern to the extent of any claim covered by express conflict with a provision of this ProvisionParagraph D(1) above. You also agree that any Arbitration proceeding will only consider Your claims. Claims byFor Agreements purchased over the telephone or Internet, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements state in Your state. In the event this Arbitration Provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, which You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struckreside.
Appears in 1 contract
Samples: Eastwood Service Plan
Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through Read the following Arbitration Provision; arbitration provision carefully. It limits certain of YOUR rights, including YOUR right to obtain relief or damages through court action. To begin Arbitration, either You YOU or We WE must make a written demand to the other party for Arbitrationarbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim CLAIM is filed. You YOU may get a copy of these AAA AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxxXxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration arbitration will be shared equally between You YOU and UsUS. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitrationarbitration. Unless You YOU and We WE agree, the Arbitration arbitration will take place in the county and state where You YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration not any state law will applyon arbitration. You YOU AGREE and AND UNDERSTAND THAT this Arbitration Provision arbitration provision means that You YOU give up Your YOUR right to go to court on any claim CLAIM covered by this Provisionprovision. You YOU also agree that any Arbitration arbitration proceeding will only consider Your claimsYOUR CLAIMS. Claims CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements in Your stateYOUR CLAIMS. In the event this Arbitration Provision provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You YOU and We WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You YOU and UsUS, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Any arbitration shall take place in the state where YOU reside or at any other place agreed to in writing by YOU and United Service Protection Corp. RIGHT TO RETURN AGREEMENT YOU have the right to return or void this AGREEMENT. YOU may return the AGREEMENT within thirty (30) calendar days after the date YOU purchased the AGREEMENT. If YOU return this AGREEMENT within the applicable time period and no CLAIMS have been paid, the AGREEMENT shall be void and WE will refund the entire AGREEMENT purchase price within thirty (30) days. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of this AGREEMENT to US. This provision applies only to the original purchaser.
Appears in 1 contract
Samples: Vehicle Service Agreement
Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through throught the following Arbitration Provision; To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless You and We agree, the Arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You AGREE and UNDERSTAND THAT this Arbitration Provision means that You give up Your right to go to court on any claim covered by this Provision. You also agree that any Arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements in Your state. In the event this Arbitration Provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
Appears in 1 contract
Samples: Terms and Conditions
Arbitration Provision. Any dispute, controversy or claim (collectively “Claims”) arising out of or relating to this Agreement, including but not limited to Claims arising out of or relating to any underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the arbitration is commenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You and We also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Any such arbitration shall be held in Cumberland County, Tennessee, unless You and We mutually agree on a different location. We shall select and notify You of Our selection for the first arbitrator and within ten (10) days of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator. A third arbitrator shall be selected by the arbitrators named by the aforementioned parties. Each party shall be responsible for its own costs and expenses, but the costs and expenses of the third arbitrator shall be shared by You and Us. You and We understand and agree that this Agreement and the transactions contemplated hereby will have a material connection to interstate commerce and intend that the Federal Arbitration Act applies hereto. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable. In the event of litigation a conflict or inconsistency between You and Us, proceeding will be made through the following Arbitration Provision; To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, XX 00000, calling 0-000-000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless You and We agree, the Arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You AGREE and UNDERSTAND THAT this Arbitration Provision means that You give up Your right and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is intended or should be construed as consent to go class-action or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. This Paragraph E(1) shall survive the termination of this Agreement. The following additional terms and conditions apply only to court on Agreements purchased in the states indicated below and shall govern to the extent of any claim covered by express conflict with a provision of this ProvisionParagraph E(1) above. You also agree that any Arbitration proceeding will only consider Your claims. Claims byFor Agreements purchased over the telephone or Internet, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. Please refer to the Special State Disclosures section of this Service Agreement for any added requirements state in Your state. In the event this Arbitration Provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, which You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struckreside.
Appears in 1 contract
Samples: Agreement
Arbitration Provision. In the event of litigation between You and Us, proceeding will be made through Read the following Arbitration Provision; arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action. To begin Arbitration, either You or We must make a written demand to the other party for Arbitrationarbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA AAA’s Rules by contacting AAA at 0000 Xxxxxxxx, 00xx xxxxxXxxxx, Xxx Xxxx, XX 00000, calling 0-(000-) 000-0000 or visiting xxx.xxx.xxx. The filing fees to begin and carry out Arbitration arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitrationarbitration. Unless You and We agree, the Arbitration arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You YOU AGREE and AND UNDERSTAND THAT this Arbitration Provision arbitration provision means that You give up Your right to go to court on any claim covered by this Provisionprovision. You also agree that any Arbitration arbitration proceeding will only consider Your claimsClaims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claimsClaims. Please refer to the Special State Disclosures Schedule Page section of this Service Agreement Contract for any added requirements in Your state. In the event this Arbitration Provision provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
Appears in 1 contract
Samples: sep.yimg.com