Common use of Arbitration; Waiver of Class Action Clause in Contracts

Arbitration; Waiver of Class Action. If you have a dispute with Monarch, you agree to contact Monarch through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Monarch support team, you and we agree that any dispute arising out of or relating to this Agreement or the Monarch Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Arbitration Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. If a court decides that any provision of this section 7.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 7.2 shall still apply. In any case, the remainder of this User Agreement, will continue to apply.

Arbitration; Waiver of Class Action. If you have a dispute with Monarch, you agree to contact Monarch through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Monarch support teamFormal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Monarch AKB Fintech Services, including including, without limitation limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related consumerrelated disputes (accessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. The arbitration will be conducted by a singleCLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, neutral arbitrator and shall take place in the county or parish in which you resideALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, or another mutually agreeable locationAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, in the English languageCOLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any courtTHE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your requestYOU ACKNOWLEDGE THAT, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefsBY AGREEING TO THESE TERMS, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Arbitration Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. If a court decides that any provision of this section 7.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 7.2 shall still apply. In any case, the remainder of this User Agreement, will continue to apply.YOU AND COINBASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE

Arbitration; Waiver of Class Action. If you have a dispute with Monarch, you You and the credit union agree to contact Monarch through our support team to that we shall attempt to resolve informally settle any such dispute amicablyand all disputes arising out of, affecting, or relating to your accounts, or the products or services the credit union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the credit union (hereafter referred to as the “Claims”). If we that cannot resolve the dispute through the Monarch support teambe done, then you and we agree that any dispute arising and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or relating to this Agreement or us, be resolved by binding arbitration administered by the Monarch ServicesAmerican Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), including without limitation federal and state statutory claims, common law claims, and those based whether such Claims are in contract, tort, fraudstatute, misrepresentation or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”)credit union branch upon request. Subject to applicable jurisdictional requirements, Either you or we may elect to pursue your claim resolve a particular Claim through arbitration, even if one of us has already initiated litigation in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual related to a Claim, by: (non-class or non-representativea) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules making written demand for arbitration of consumer-related disputes upon the other party, (accessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdfb) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS MEMBERSHIP AND ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Arbitration Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. If a court decides that any provision of this section 7.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 7.2 shall still apply. In any case, the remainder of this User Agreement, will continue to apply.This

Arbitration; Waiver of Class Action. If you have a dispute with MonarchOcean, you agree to contact Monarch through our support team to we will attempt to resolve any such dispute amicablydisputes through our support team. If we cannot resolve the dispute through the Monarch our support team, you and we agree (“Agreement to Arbitrate”) that any dispute arising out of or relating to under this Agreement or the Monarch Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through finally settled in binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirementsbasis, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's ’s rules for arbitration of consumer-related disputes (accessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of ) and you and Ocean hereby expressly waive trial by jury and right to participate in a class action lawsuit or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judgeclass-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the The prevailing party in any action or proceeding to enforce this Arbitration Agreement, any arbitration pursuant to this Agreement, or any small claims action agreement shall be entitled to costs and attorneys' ’ fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's ’s rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 7.2 Section 5.2 (infra) is invalid or unenforceable, that provision shall be severed and the other parts of this section 7.2 Section 5.2 shall still apply. In any case, the remainder of this User Agreement, will continue to apply. For your convenience, we are providing an Opt-Out Notice form (xxxxx://xxxxxxxx.xxxxx/arbitration-opt-out.pdf) you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address(es) used to log in to the Ocean (s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.