Choosing the Administrator. The party who commences the arbitration may select either of the following arbitration organizations to administer the arbitration under their rules that apply to consumer disputes: the American Arbitration Association (“AAA”), 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000 (0-000-000-0000), xxx.xxx.xxx; or JAMS, 0000 Xxxx Xx. xx Xxxxxxxx Xxx., Suite 300, Irvine, CA 92614 (0-000-000-0000), xxx.xxxxxxx.xxx. You can obtain a copy of the administrators’ rules by visiting their websites or calling them. The parties may also mutually agree to select an arbitrator who is an attorney, retired judge or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator’s rules. If AAA and JAMS cannot or will not serve, and the parties are unable to select an arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitrator, who must agree to abide by all of the terms of this Arbitration Provision (including, without limitation, the Class Action Waiver). Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures.
Appears in 3 contracts
Samples: Online Services Agreement, Online Services Agreement, Online Services Agreement
Choosing the Administrator. The party who commences the arbitration may select either of the following arbitration organizations to administer the arbitration under their rules that apply to consumer disputes: the American Arbitration Association (“AAA”), 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000 (0-000-000-0000), xxx.xxx.xxx; or JAMS, 0000 Xxxx Xx. xx Xxxxxxxx Xxx., Suite 300, Irvine, CA 92614 (0-000-000-0000), xxx.xxxxxxx.xxx***.xxxxxxx.xxx. You can obtain a copy of the administrators’ rules by visiting their websites or calling them. The parties may also mutually agree to select an arbitrator who is an attorney, retired judge or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator’s rules. If AAA and JAMS cannot or will not serve, and the parties are unable to select an arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitrator, who must agree to abide by all of the terms of this Arbitration Provision (including, without limitation, the Class Action Waiver). Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures.
Appears in 2 contracts
Samples: Online Services Agreement, Online Services Agreement
Choosing the Administrator. The party who commences the arbitration may select either of the following arbitration organizations to administer the arbitration under their rules that apply to consumer disputes: the American Arbitration Association (“AAA”), 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000 (0-0- 000-000-0000), xxx.xxx.xxx; or JAMS, 0000 Xxxx Xx. xx Xxxxxxxx Xxx., Suite 300, Irvine, CA 92614 (0-0- 000-000-0000), xxx.xxxxxxx.xxx. You can obtain a copy of the administrators’ rules by visiting their websites or calling them. The parties may also mutually agree to select an arbitrator who is an attorney, retired judge or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator’s rules. If AAA and JAMS cannot or will not serve, and the parties are unable to select an arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitrator, who must agree to abide by all of the terms of this Arbitration Provision (including, without limitation, the Class Action Waiver). Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court court, which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures.
Appears in 1 contract
Samples: Account Rules and Regulations
Choosing the Administrator. The party who commences the arbitration may select either of the following arbitration organizations to administer the arbitration under their rules that apply to consumer disputes: the American Arbitration Association (“AAA”), 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000 (01-000800-000-0000778- 7879), xxx.xxx.xxx; or JAMS, 0000 Xxxx Xx. xx Xxxxxxxx Xxx., Suite 300, Irvine, CA 92614 (0-000-000-0000), xxx.xxxxxxx.xxx. You Company can obtain a copy of the administrators’ rules by visiting their websites or calling them. The parties may also mutually agree to select an arbitrator Arbitrator who is an attorney, retired judge or arbitrator Arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitratorArbitrator’s rules. If AAA and JAMS cannot or will not serve, and the parties are unable to select an arbitrator Arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitratorArbitrator, who must agree to abide by all of the terms of this Arbitration Provision Agreement (including, without limitation, the Class Action Waiver). Any arbitrator Arbitrator must be a practicing attorney with ten (10) or more years of experience practicing law or a retired judge. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures.
Appears in 1 contract
Choosing the Administrator. The party who commences the arbitration may select either of the following arbitration organizations to administer the arbitration under their rules that apply to consumer disputes: the American Arbitration Association (“AAA”), 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000 (01-000800-000-0000778- 7879), xxx.xxx.xxx; or JAMS, 0000 Xxxx Xx. xx Xxxxxxxx Xxx., Suite 300, Irvine, CA 92614 (0-000-000-0000), xxx.xxxxxxx.xxx. You Third-Party Sender can obtain a copy of the administrators’ rules by visiting their websites or calling them. The parties may also mutually agree to select an arbitrator Arbitrator who is an attorney, retired judge or arbitrator Arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitratorArbitrator’s rules. If AAA and JAMS cannot or will not serve, and the parties are unable to select an arbitrator Arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitratorArbitrator, who must agree to abide by all of the terms of this Arbitration Provision Agreement (including, without limitation, the Class Action Waiver). Any arbitrator Arbitrator must be a practicing attorney with ten (10) or more years of experience practicing law or a retired judge. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures.
Appears in 1 contract