Common use of Binding Individual Arbitration Clause in Contracts

Binding Individual Arbitration. You and StrongBox agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOX. If any provision of this agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of Arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in Boca Raton, Florida. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties will equally share the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Florida.

Binding Individual Arbitration. This arbitration provision does not apply to Military Borrowers. You and StrongBox Bank agree to arbitrate all Disputesdisputes arising under or in connection with this Agreement or Your relationship with Bank (collectively, a “Claim”). This includes Claims made by or against anyone connected to You or Bank and Bank’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns (which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan) and any authorized users or beneficiaries of the Square Installments program. This also includes Claims made by or against Bank’s service providers, including Square Capital, and which shall include Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program. You and Bank agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Square Installments program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this Agreement. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes Claims more quickly. Instead of a judge or a jury, the case Claim will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court canarbitrator. THE PARTIES ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND . AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU ARE WAIVING YOUR RIGHTS TO WILL NOT HAVE YOUR CASE DECIDED BY A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOXOR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM. If any provision Individual Claims filed in small claims court are not subject to this Arbitration Agreement, as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this agreement is found unenforceablesection of this Agreement, except that any Claim concerning the unenforceable provision shall scope or enforceability of the prohibition on class, collective, or representative claims, or claims in arbitration for public injunctive relief, must be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration)resolved by a court of competent jurisdiction. All Disputes Claims shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to You or to us. You can obtain copies of Arbitrationthe AAA rule and forms by contacting AAA at 0-000-000-0000 or xxx.xxx.xxx. If you are a consumer bringing a claim relating to personal, household, or family use, any Any arbitration hearing that You attend will occur within the county or parish where you reside. Otherwise, any arbitration hearing will take place in Boca Ratonthe federal judicial district where You reside as of the date You execute this Agreement. Square Capital will pay all arbitration fees. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, Florida9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The parties arbitrator’s decision and judgment thereon will equally share not have a precedential or collateral estoppel effect on claims asserted by any individual or entity who was not party to the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' feesarbitration. For purposes If any provision of this arbitration provisionagreement is found unenforceable, references the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The Arbitration Agreement shall be governed by the FAA. If a court or arbitrator decides that this arbitration agreement cannot be enforced as to you a particular claim for relief, then that claim (and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of only that claim) must be severed from the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will and may be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Floridacourt.

Binding Individual Arbitration. You and StrongBox agree to arbitrate all DisputesPLEASE READ THIS SECTION CAREFULLY. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quicklyIT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY THE ARBITRATION UNDER PROCEEDINGS IN THIS AGREEMENT SECTION WILL BE ONLY CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND NAVIGATION MEDIA WILL BE ON A RESOLVED BY BINDING, INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTEDARBITRATION, AND YOU ARE WAIVING YOUR RIGHTS RIGHT TO HAVE YOUR CASE DECIDED A TRIAL BY A JURY AND OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A ANY PURPORTED CLASS ACTION AGAINST STRONGBOXOR REPRESENTATIVE PROCEEDING. If any provision of this agreement is found unenforceableTHIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, the unenforceable provision shall be severedOR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, and the remaining arbitration terms shall be enforced OR (but in no case shall there be class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of Arbitration2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION" SECTION BELOW. If you are a consumer bringing a claim relating live in the United States or another jurisdiction which allows you to personalagree to arbitration, householdyou and Navigation Media agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or family usenegligence), or any other legal or equitable theory, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between us and you is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. In the event of any dispute, controversy, or difference, arising among or out of, or in relation to, or in connection with the interpretation or performance of this Agreement or any of the terms hereof, or a breach hereof (“Dispute”), the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute effecting as nearly as possible the intent and purposes of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties. If such Dispute cannot be satisfactorily resolved by the Parties themselves through friendly consultation within a period of thirty (30) calendar days after notice by you to Navigation Media of a Dispute, you or Navigation Media may commence an arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in Boca Raton, Floridaaccordance with this Agreement. The arbitration shall be initiated and conducted according to either JAMS Streamlines (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedure in effect at the time the request for arbitration is made, except as modified herein, including the optional appeal procedure (the “Arbitration Rules”). The Tribunal will consist of one arbitrator having experience in intellectual property and commercial disputes. The place of arbitration will be the Los Angeles, California office of JAMS or its successor (“JAMS”). The language to be used in the arbitral proceedings will be English. You and Navigation Media agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court. Any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Judgment upon the decision or award shall be binding on rendered by the parties and arbitrator may be entered as a judgment in any court of competent jurisdictionhaving jurisdiction thereof. The parties Navigation Media will equally share pay its arbitration costs as required by the Arbitration Rules and, in the event that you are able to demonstrate that the costs of arbitration and each party shall bear will be prohibitive as compared to the costs of litigation, we will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay his, her, or its own attorneys' ’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, unless in which case the arbitrator determines shall award fees or costs as required by the applicable law. This Binding Individual Arbitration section survives any termination of this Agreement. Further, although we may revise this Agreement, Privacy Policy, or other related agreements at our discretion, we not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that your claim Dispute has accrued. If any part of this Binding Individual Arbitration section is frivolousdeemed invalid, at which time you will be responsible for all costsunenforceable, including our attorneys' fees. For purposes or illegal, then the balance of this arbitration provisionprovision shall remain in effect and be construed in accordance with its terms as if the invalid, references to you and StrongBox also include respective subsidiariesunenforceable, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, Floridaillegal provision had not been included.

Binding Individual Arbitration. You Purpose. The term “"Dispute”" means any dispute, claim, or controversy between you and StrongBox any of the Sony Group of Companies entity (“Sony Entity”)Entities regarding any PSN First Party Services or the use of any devices sold by a Sony Entity to access PSN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Sectionsection (with the exception of the enforceability of the Class Action Waiver clause below). “"Dispute”" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity’sEntity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “"Notice of Dispute”" clause below, you and the Sony Entity that you have a Dispute with agree to arbitrate all Disputesseek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Sectionsection, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, means that the case Dispute will be decided resolved by a neutral arbitrator who has the power to award the same damages and relief that instead of in a court canby a judge or jury. Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION UNDER TERMS CONTAINED IN THIS SECTION. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY SIENAUS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT WILL UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONSMAILED TO 0000 XXXXXX XXXXX, CLASS ACTIONS00XX XXXXX, PRIVATE ATTORNEY GENERAL ACTIONSXXX XXXXXXX, XX 00000, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND CONSOLIDATION (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST STRONGBOX. If any provision of this agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the Florida Rules of Arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will place in Boca Raton, Florida. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties will equally share the costs of arbitration and each party shall bear the costs of its own attorneys' fees and costs, unless the arbitrator determines that your claim is frivolous, at which time you will be responsible for all costs, including our attorneys' fees. For purposes of this arbitration provision, references to you and StrongBox also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of StrongBox services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in Palm Beach County, FloridaANY SONY ENTITY THROUGH ARBITRATION.