Common use of Claims Not Subject to Arbitration Clause in Contracts

Claims Not Subject to Arbitration. You and we agree that the following disputes or claims cannot be arbitrated: • claims arising from bodily injury or death; • claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo to a court of general jurisdiction; • claims to collect or challenge debts owed pursuant to an extension of credit under a separate agreement or note (such as a separate loan agreement, promissory note, or bank card agreement), in which case the dispute over the debt shall be governed by the dispute-resolution procedures set forth in that separate agreement or note; • disputes over the scope and enforceability of this arbitration provision, whether a dispute or claim can or must be brought in arbitration, whether paragraphs (7) or (8) of this arbitration provision have been violated; and • disputes over whether paragraph (4) has been violated, for purposes of awarding relief that a court can award under that paragraph.