Common use of Binding Arbitration; Jury Trial Waiver; Class Action Waiver Clause in Contracts

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitrators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction. (ii) is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action; until: • the class certification is denied; • the class is decertified; or • the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by any court of a province or territory of Canada having jurisdiction.”

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration arbit ration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitratorsarbitr ators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction. . dispute arbitration clause against any person who, prior to the date of this Agreement: (iii) is a member of has initiated in court a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action; until: • the class certification is denied; • the class is decertified; or • the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by any court of a province or territory of Canada having jurisdiction.”or

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitrators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction. (ii) is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action; until: • the class certification is denied; • the class is decertified; or • the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by any court of a province or territory of Canada having jurisdiction.”

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration arbit ration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitratorsarbitr ators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction.. dispute arbitration clause against any person who, prior to the date of this Agreement: (i) has initiated in court a putative class action, or (ii) is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative putativ e class action; until: •  the class certification is denied; •  the class is decertified; or •  the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by b y any court of a province or territory of Canada having jurisdiction.”

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitrators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction.. shall not seek to enforce this pre-dispute arbitration clause against any person who, prior to the date of this Agreement: (i) has initiated in court a putative class action, or (ii) is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action; until: •  the class certification is denied; •  the class is decertified; or •  the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by any court of a province or territory of Canada having jurisdiction.”

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitrators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction. (ii) is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action; until: • .  the class certification is denied; •  the class is decertified; or •  the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by any court of a province or territory of Canada having jurisdiction.”

Binding Arbitration; Jury Trial Waiver; Class Action Waiver. This Agreement contains a binding pre-dispute arbitration clause. The parties hereby agree as follows: (a) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, except as provided in Section A above and by the rules of the arbitration forum in which a claim is filed. (b) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (c) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. (d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date. (e) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (f) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this binding arbitration clause. You agree to settle by arbitration any controversy between you and MCU arising out of or relating to this Agreement or your use of your Account, except as provided in Section A above. The arbitration will be conducted in accordance with the rules then in effect for the chosen arbitration forum, as described more fully in section C below. The award of the arbitrator or a majority of the arbitrators, as the case may be, will be final, and judgment upon the award rendered may be entered in any court having jurisdiction.. shall not seek to enforce this pre-dispute arbitration clause against any person who, prior to the date of this Agreement: (i) has initiated in court a putative class action, or (ii) is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action; until: •  the class certification is denied; •  the class is decertified; or •  the other party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. If you are a resident of Canada, you acknowledge and agree that to the extent your Agreement provides for arbitration, this provision is hereby amended to include the following at the end of the section: “The award rendered by the arbitrator or any judgment upon the award rendered by the arbitrator that has been entered by a federal or state court in the United States may be recognized and enforced by any court of a province or territory of Canada having jurisdiction.”