DISPUTE RESOLUTION BY BINDING ARBITRATION. OzarksGo and Subscriber agree to resolve all disputes and claims between OzarksGo (including OzarksGo’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination or cancellation of this Agreement. Notwithstanding the foregoing agreement, OzarksGo is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo should be addressed to: OzarksGo Notice of Dispute PO Box 1368 Fayetteville, AR 72702 A Notice must include the Subscriber’s name, account number, address, and telephone number, and must
Appears in 2 contracts
Samples: Global Terms and Conditions, Global Terms and Conditions
DISPUTE RESOLUTION BY BINDING ARBITRATION. OzarksGo WAVE and Subscriber agree to resolve all disputes and claims (except those identified in the second paragraph of this part 22, below) between OzarksGo WAVE (including OzarksGo’s WAVE's Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, includes but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo WAVE and Subscriber, whether based in on contract, tort, statute, fraud, misrepresentation misrepresentation, or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination or cancellation of this Agreement. The parties agree that the services provided by WAVE include high- speed internet services, and as instruments of interstate commerce, the Federal Arbitration Act governs the substance and application of this portion of the agreement. Notwithstanding the foregoing agreementparagraphagreement, OzarksGo WAVE is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by By agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO WAVE AGREE TO UNCONDTIONALLY UNCONDITIONALLY TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo WAVE should be addressed to: OzarksGo Wave Rural Connect Notice of Dispute PO Box 1368 Fayetteville77 Ozark, AR 72702 72949 A Notice must include the Subscriber’s 's name, account number, address, and telephone number, and mustmust (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from WAVE will be addressed to the billing address that WAVE has on file for Subscriber. If WAVE and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or WAVE may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer- Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and WAVE. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless WAVE and Subscriber agree otherwise, any arbitration hearings will take place in Washington County, Arkansas. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision shall be final and legally binding, and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Appears in 1 contract
Samples: waveruralconnect.com
DISPUTE RESOLUTION BY BINDING ARBITRATION. OzarksGo NT SPARK, LLC and Subscriber agree to resolve all disputes and claims between OzarksGo NT SPARK, LLC (including OzarksGoNT SPARK, LLC’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo NT SPARK, LLC and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination or cancellation of this Agreement. Notwithstanding the foregoing agreement, OzarksGo NT SPARK, LLC is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO NT SPARK, LLC AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo NT SPARK, LLC should be addressed to: OzarksGo NT SPARK, LLC Notice of Dispute PO Box 1368 Fayetteville609 Houston, AR 72702 MS 38851 A Notice must include the Subscriber’s name, account number, address, and telephone number, and mustmust (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from NT SPARK, LLC will be addressed to the billing address that NT SPARK, LLC has on file for Subscriber. If NT SPARK, LLC and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or NT SPARK, LLC may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and NT SPARK, LLC. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless NT SPARK, LLC and Subscriber agree otherwise, any arbitration hearings will take place in Chickasaw County, MS. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Appears in 1 contract
Samples: ntspark.coop
DISPUTE RESOLUTION BY BINDING ARBITRATION. OzarksGo WAVE and Subscriber agree to resolve all disputes and claims (except those identified in the second paragraph of this part 22, below) between OzarksGo WAVE (including OzarksGoWAVE’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo WAVE and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination or cancellation of this Agreement. The parties agree that the services provided by WAVE include high speed internet services, and as instruments of interstate commerce, the Federal Arbitration Act governs the substance and application of this portion of the agreement. Notwithstanding the foregoing agreementparagraph, OzarksGo WAVE is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by By agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO WAVE AGREE UNCONDITIONALLY TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo WAVE should be addressed to: OzarksGo Wave Rural Connect Notice of Dispute PO Box 1368 Fayetteville77 Ozark, AR 72702 72949 A Notice must include the Subscriber’s name, account number, address, and telephone number, and mustmust (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from WAVE will be addressed to the billing address that WAVE has on file for Subscriber. If WAVE and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or WAVE may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and WAVE. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless WAVE and Subscriber agree otherwise, any arbitration hearings will take place in Washington County, Arkansas. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Appears in 1 contract
Samples: waveruralconnect.com
DISPUTE RESOLUTION BY BINDING ARBITRATION. OzarksGo and Subscriber agree to resolve all disputes and claims between OzarksGo (including OzarksGo’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination or cancellation of this Agreement. Notwithstanding the foregoing agreement, OzarksGo is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo should be addressed to: OzarksGo Notice of Dispute PO Box 1368 Fayetteville, AR 72702 A Notice must include the Subscriber’s name, account number, address, and telephone number, and must
Appears in 1 contract
Samples: Global Terms and Conditions