Common use of Claims Subject to Arbitration Clause in Contracts

Claims Subject to Arbitration. You and Frontier agree to arbitrate all disputes and claims between us that arise out of, relate to, or are associated with the Service or Frontier. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement, including claims over marketing or communications by or on behalf of Frontier or claims involving the security, transfer, or use of data about you. It also includes claims that currently are the subject of class action or purported class action litigation in which you are not a member of a certified class. References to “Frontier,” “you,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, affiliates, agents, employees, and all authorized or unauthorized users or beneficiaries of Frontier Broadband Services under this or prior Agreements between us. Notwithstanding the foregoing agreement, Frontier agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, you and Frontier each agree to unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action. Instead of arbitration, either party may bring an individual action seeking only individualized relief in a small claims court for disputes or claims that are within the scope of the small claims court's authority, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. (If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated.) In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

Appears in 10 contracts

Samples: Terms of Service, Terms of Service, General Residential Service Terms and Conditions

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Claims Subject to Arbitration. You To the fullest extent permitted by applicable law, WB Games and Frontier you agree to arbitrate all disputes and claims between us us, except for claims arising from bodily injury or that arise out ofpertain to enforcing, relate toprotecting, or are associated with the Service validity of your or Frontierour intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to, all : • claims arising out of or relating to any aspect of our relationshipthe relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other statutory or common-law legal theory, ; • claims that arose either before or during this or any prior AgreementAgreement (including, but not limited to, claims relating to advertising); • claims for mental or that may arise after termination emotional distress or injury not arising out of this Agreement, including claims over marketing or communications by or on behalf of Frontier or claims involving the security, transfer, or use of data about you. It also includes physical bodily injury; • claims that are currently are the subject of class action or purported class action litigation in which you are not a member of a certified class; and • claims that may arise after the termination of this Agreement. References to “FrontierWB Games,” “you,” “we” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiariesparents, subsidiaries and affiliates (including Warner Bros. Discovery, Inc. and its affiliates, ); those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Frontier Broadband Services the Game Server under this or prior Agreements between us. Notwithstanding the foregoing agreement, Frontier agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, you and Frontier each agree to unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action. Instead of arbitrationforegoing, either party may bring an individual action elect to have claims heard in small claims court seeking only individualized relief in a small claims court for disputes or claims that are within the scope of the small claims court's authorityrelief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. (If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated.) In addition, This Arbitration Agreement does not preclude you may bring any from bringing issues to the attention of federal, state, or local agencies. You agree that, includingby entering into this Agreement, for example, you and we are each waiving the Federal Communications Commission. Such agencies can, if right to participate in a class action and to a trial by jury to the law allows, seek relief against us on your behalffullest extent permitted by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This arbitration provision Arbitration Agreement shall survive termination of this Agreement.

Appears in 6 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

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Claims Subject to Arbitration. You and Frontier agree to arbitrate all disputes and claims between us that arise out ofBANK AND CLIENT AGREE TO ARBITRATE ALL DISPUTES OR CLAIMS BETWEEN THEM ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, relate toTHIS MASTER AGREEMENT, or are associated with the Service or FrontierANY APPLICABLE SERVICE DESCRIPTIONS, ANY OTHER AGREEMENT RELATED TO THE SERVICES, OR ANY TRANSACTIONS ARISING HEREUNDER OR THEREUNDER, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY. THIS ARBITRATION PROVISION IS INTENDED TO BE BROADLY INTERPRETED AND TO COVER, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE BEFORE THE EFFECTIVE DATE OF THIS MASTER AGREEMENT OR ANY PRIOR SERVICES AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO ADVERTISING, PROMOTIONS, OR DISCLOSURES) AND ANY CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THIS MASTER AGREEMENT. THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THE SERVICES AND/OR THIS MASTER AGREEMENT. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement, including claims over marketing or communications by or on behalf of Frontier or claims involving the security, transfer, or use of data about you. It also includes claims that currently are the subject of class action or purported class action litigation in which you are not a member of a certified class. References to “Frontier,” “you,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, affiliates, agents, employees, and all authorized or unauthorized users or beneficiaries of Frontier Broadband Services under this or prior Agreements between us. Notwithstanding the foregoing agreement, Frontier agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, you and Frontier each agree to unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action. Instead of arbitration, either party may bring an individual action seeking only individualized relief in a small claims court for disputes or claims that are within the scope of the small claims court's authority, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. (If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated.) In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. This Master Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act Act, 9 U.S.C. § 1 et. seq., governs the interpretation and enforcement of this provision. This An American Arbitration Association (“AAA”) arbitrator will decide the substance of all Claims in accordance with all Applicable Law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Unless both Client and Bank agree otherwise, each party must bring all related or similar Claims in a single arbitration provision shall survive termination of this Agreementproceeding. If Client or Bank later initiates a subsequent arbitration asserting Claims that are related or similar to ones that were raised by such party in an earlier-filed arbitration, the AAA or the arbitrator will either: (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss the subsequent arbitration if it raises Claims that would be barred by Applicable Law if brought in court.

Appears in 1 contract

Samples: Treasury Services Master Agreement

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