Pre-Dispute Arbitration Agreement. (a) This agreement contains a pre-dispute arbitration clause. By signing this Agreement, the parties agree as follows: (1) All parties to this agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. (2) Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited. (3) The ability of the parties to obtain documents, witness statements and other discovery is may be more limited in arbitration than in court proceedings. (4) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with the applicable arbitration rules of the forum. (5) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the energy or equipment leasing industry. (6) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (7) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement. (b) Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. (c) It is understood and agreed that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing a claim for damages against PDI that PDI's liability to the LESSEE shall be limited to an amount equal to charges paid by LESSEE for Equipment rental hereunder.
Appears in 2 contracts
Samples: Equipment Leasing Agreement (Powerdyne International, Inc.), Equipment Leasing Agreement (Powerdyne International, Inc.)
Pre-Dispute Arbitration Agreement. (a) This agreement Agreement contains a pre-dispute arbitration clause. By signing this Agreement, an arbitration agreement the parties agree as follows:
(1) : • All parties to this agreement Agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(2) . • Arbitration awards are generally final and binding; a party's ’s ability to have a court reverse or modify an arbitration award is very limited.
(3) . • The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4) . • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forum.
(5) first scheduled hearing date. • The panel of arbitrators will typically may include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6) . • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(7) . • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between us arising in connection with Folio’s business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that we must use arbitration to decide and settle all controversies arising between us about any issue related to your account or this customer agreement.
(b) . Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by judgment resulting from arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Exhibit 1 - Terms and Conditions of the Insured Bank Deposit and Free Credit Sweep Program Every account with us is eligible for and participates in the Insured Bank Deposit and Free Credit Sweep Program (c“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) It to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of your un-invested cash into one or more bank accounts insured by the Federal Deposit Insurance Corporation (“FDIC”) and/or maintenance of free credit balances held by us and insured by the Securities Investor Protection Corporation (“SIPC”) – referred to herein as “Sweep” – and, if certain criteria are met, an option for you or an Authorized person to instruct us to hold a specified amount of cash (separate from Sweep) in your account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or XXXX.XXXX which are the currently available, “Client Directed Investment Choices” under the Program. With prior notice to you and, if then required by applicable law or regulation, with your consent, we can change the features or products that are included in the Program to include any legally permissible deposit account or instrument or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that under the Program some or all of your cash may already be held as free credits although FDIC-insured Client Directed Investment Choice products are also available under the Program). When and if we make a money market fund available under the Program either as a sweep vehicle or as a Directed Investment Choice you will be provided access on our website to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you or an Authorized person must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Cash then invested in a Client Directed Investment Choice alternative is understood generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you or another Authorized person. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and agreed that if an error or omission is maintained, under the Program, as a free credit. All withdrawals of cash from your account deposited in Sweep will be made by PDI, hereunder, which results us as your agent in the LESSEE bringing following manner. Cash necessary to satisfy debit entries in your account will, generally, first be automatically withdrawn from free credit balances held by us that are not deemed held as part of the Program, if any – e.g., cash settling that day from securities sales or cash wired into your account that day, but there are other circumstances which can create a claim balance that is not yet in the Program. If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program either as free credits held by us or as cash deposited in Program Banks. Cash invested by you or an Authorized person into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your account with the amount noted in your instruction. Once credited to your account, it will be available for damages us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, you may have a positive cash balance in the Program and a debit balance in your account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities, when we receive a cash withdrawal request for your account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your account. Checks we provide you for use with your account are not drawn directly against PDI that PDI's liability to any cash deposited for you at any of the LESSEE shall be limited to an amount equal to charges paid by LESSEE for Equipment rental hereunderBanks.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Pre-Dispute Arbitration Agreement. (a) This agreement Customer Agreement contains a pre-dispute arbitration clause. By signing Under this Agreementclause, which becomes binding on all parties when you sign the parties Application, you, we, and our Clearing Firm agree as follows:
(1a) All parties to this agreement Customer Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(2b) Arbitration awards are generally final and binding; a party's ’s ability to have a court reverse or modify an arbitration award is very limited.
(3c) The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forumfirst scheduled hearing date.
(5e) The panel of arbitrators will typically can include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6f) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may can be brought in court.
(7g) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
Customer Agreement. All controversies that arise between you, us (bor any of our agents, representatives, or employees) Any controversy and/ or claim arising out of our Clearing Firm concerning any subject matter, issue or relating to this contractcircumstance whatsoever (including, but not limited to, controversies concerning any account, order, distribution, rollover, advice, interaction or transaction, or the continuation, performance, interpretation or breach thereofof this or any other agreement between you, us and/or our Clearing Firm whether entered into or arising before, on or after the date this Brokerage Account is opened) shall be settled determined by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, in accordance with its Commercial Arbitration Rulesthe rules then prevailing of the Financial Industry Regulatory Authority (FINRA) or any United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member, as you shall designate. If you designate the rules of a United States self- regulatory organization or United States securities exchange and those rules fail to be applied for any reason, then you shall designate the prevailing rules of any other United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member. If you do not notify us in writing of your designation with-in five (5) days after such failure or after you receive from us a written demand for arbitration, then you authorize us and/or our Clearing Firm to make such designation on your behalf. The designation of the rules of a United States self-regulatory organization or United States securities exchange is not integral to the underlying agreement to arbitrate. You understand that judgment on the upon any arbitration award rendered by the arbitrator(s) may is permitted to be entered in any court having jurisdiction thereof.
(c) It is understood and agreed of competent jurisdiction. Any state or federal statute of limitation/repose that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing would apply to a claim for damages against PDI that PDI's liability brought in court shall apply equally to any claim brought in arbitration pursuant to this arbitration agreement. For purposes of these applicable statutes of limitation/repose, an arbitration initiated under this arbitration agreement shall be deemed a civil action or proceeding and all statutes of limitation/ repose applicable to civil actions or proceedings shall be applicable to any arbitration initiated under this arbitration agreement. This arbitration agreement will be binding upon and inure to the LESSEE benefit of the parties hereto and their respective representatives, attorneys-in- fact, successors, assigns and any other persons having or claiming to have a legal or beneficial interest in or control over the Brokerage Account, including court-appointed trustees, guardians, and receivers. If an attorney-in-fact, trustee, guardian, or receiver is a signatory to this agreement; such signatory agrees to participate as a party to any dispute within the scope of the agreement. No person shall be limited bring a putative or certified class action to arbitration, nor seek to enforce any pre- dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an amount equal agreement to charges paid by LESSEE for Equipment rental hereunderarbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
Appears in 1 contract
Samples: Brokerage Account Customer Agreement
Pre-Dispute Arbitration Agreement. (a) This agreement contains a pre-dispute arbitration clause. By signing this Agreementan arbitration agreement, the parties agree as follows:
(1A) All parties to this agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(2B) Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.
(3C) The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4D) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forumfirst scheduled hearing date.
(5E) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6F) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(7G) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
(b) Any controversy 14. No provision of this Agreement can be amended or claim arising out waived except in writing signed by an officer of NFS. This Agreement will remain in effect until its termination by me is acknowledged in writing by an authorized representative of NFS; or relating until written notice of termination by you shall have been mailed to this contractme at my address last given to you. I will remain responsible for all charges, debit items, or the breach thereofother transactions initiated or authorized by me, whether arising before or after termination.
15. This Agreement and its enforcement shall be settled by arbitration administered governed by the American Arbitration Associationlaws of the Commonwealth of Massachusetts; shall cover individually and co lectively all brokerage accounts that I may maintain with NtfS; shall inure to the benefit of my Broker/ Dealer's or your successors and assigns whether by merger,
16. If any provision of this Agreement is or at any time should become inconsistent with any present or future law, sitting rule or regulation of any entity having regulatory jurisdiction over it, that provision will be superseded or amended to conform with such law, rule or regulation, but the remainder of this Agreement shall continue and remain in Providencefull force and effect notwithstanding any other provisions contained in this Agreement. No provision of this Agreement concerning liens or security interests shall apply to the extent the application would be in conflict with any provisions of ERISA or the Internal Revenue Code or any related rules, Rhode Islandregulations, United States or guidance.
17. If the undersigned shall consist of Americamore than one brokerage account holder, in accordance with its Commercial Arbitration Rules, their obligations and judgment on the award rendered by the arbitrator(s) liabilities under this Agreement shall be joint and several and may be entered in enforced by my Broker/Dealer or NFS against any court having jurisdiction thereofor all brokerage account holders.
(c) It is understood 18. I understand that you may deliver margin calls and agreed that if an error or omission is made by PDI, hereunder, which results in other notices to my Broker/Dealer for the LESSEE bringing a claim for damages against PDI that PDI's liability sole purpose of collection of my obligations under this Agreement. I agree to the LESSEE shall be limited foregoing and further understand that my Broker/Dealer may act on your behalf with respect to an amount equal to charges paid by LESSEE for Equipment rental hereundermargin calls in your discretion.
Appears in 1 contract
Samples: Margin Account Agreement
Pre-Dispute Arbitration Agreement. (I understand and
a) This agreement contains a pre-dispute arbitration clause. By signing this Agreement, the parties agree as follows:
(1) All parties to this agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(2b) Arbitration awards are generally final and binding; a party's ’s ability to have a court reverse or modify an arbitration award is very limited.
(3c) The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forumfirst scheduled hearing date.
(5e) The panel of arbitrators will typically may include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6f) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(7g) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
1 Customer Agreement (bContinued from page 2) Any I agree that any controversy or claim arising out of or relating to my account, to transactions with or for me or to this contract, agreement or the breach thereof, shall whether executed or to be executed within or outside of the United States, and whether asserted against U.S. Bancorp Investments and/or its present or former agents or employees, will be settled by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, before and in accordance with its Commercial Arbitration Rules, and judgment on the then current rules of the Financial Industry Regulatory Authority. Judgment upon any award rendered by the arbitrator(s) arbitrators may be entered in any court having jurisdiction thereof.
(c) It is understood and agreed that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing a claim for damages against PDI that PDI's liability . Notwithstanding anything to the LESSEE contrary in this agreement, the arbitrability of disputes under this agreement shall be limited to an amount equal to charges paid governed by LESSEE for Equipment rental hereunderthe Federal Arbitration Act.
Appears in 1 contract
Samples: Customer Agreement
Pre-Dispute Arbitration Agreement. (a) This agreement contains a pre-dispute arbitration clause. By signing this Agreement, the parties agree as followsI understand and acknowledge that:
(1a) All parties to this agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
1 Customer Agreement (2Continued on page 4)
b) Arbitration awards are generally final and binding; a party's ’s ability to have a court reverse or modify an arbitration award is very limited.
(3c) The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forumfirst scheduled hearing date.
(5e) The panel of arbitrators will typically may include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6f) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(7g) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
(b) Any . I agree that any controversy or claim arising out of or relating to my account, to transactions with or for me or to this contract, agreement or the breach thereof, shall whether executed or to be executed within or outside of the United States, and whether asserted against U.S. Bancorp Investments and/or its present or former agents or employees, will be settled by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, before and in accordance with its Commercial Arbitration Rules, and judgment on the then-current rules of the Financial Industry Regulatory Authority. Judgment upon any award rendered by the arbitrator(s) arbitrators may be entered in any court having jurisdiction thereof.
(c) It is understood and agreed that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing a claim for damages against PDI that PDI's liability . Notwithstanding anything to the LESSEE contrary in this agreement, the arbitrability of disputes under this agreement shall be limited to an amount equal to charges paid governed by LESSEE for Equipment rental hereunderthe Federal Arbitration Act.
Appears in 1 contract
Samples: Investment Agreement
Pre-Dispute Arbitration Agreement. (a) 9.1 This agreement Agreement contains a pre-dispute arbitration clauseprovision. For the purpose of this provision, “Party” or “Parties” means you and us, together with our affiliates, collectively. By signing tapping "I agree" on the bottom of the screen on the Public Platform on which a link to this AgreementAgreement is provided, you agree to this Agreement and the parties Parties agree as follows:
(1) . ● All parties of the Parties to this agreement Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a the claim is filed.
(2) . ● Arbitration awards are generally final and binding; a party's Party’s ability to have a court reverse or modify an arbitration award is very limited.
(3) . ● The ability of the parties Parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4) . ● The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forum.
(5) first scheduled hearing date. ● The panel of arbitrators typically will typically include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6) . ● The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. ● In some cases, a claim that is ineligible for arbitration may be brought in court.
(7) . The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreementAgreement.
(b) Any controversy 9.2 No Party shall bring a putative or claim arising certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any Party who has initiated in court a putative class action or against any Party who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until the: ● class certification is denied by the court; or relating ● class is decertified by the court; or ● client is excluded from the class by the court.
9.3 Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this contract, or Agreement except to the breach thereof, extent stated herein.
9.4 All Claims shall be settled determined by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, conducted before FINRA in accordance with its Commercial Arbitration Rulesarbitration procedures then in effect; except for Claims that are not arbitrable under FINRA rules then in effect or Claims excluded from arbitration in this Agreement. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, claims, disputes or controversies arising out of, or relating to, (i) your Jiko Brokerage Accounts; (ii) authorized representatives; (iii) the amount of available funds in the Jiko Brokerage Accounts; (iv) advertisements, promotions or oral or written statements related to the Jiko Brokerage Accounts; and (v) the benefits and services related to the Jiko Brokerage Accounts. Specifically, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Jiko Brokerage Accounts or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this pre-dispute arbitration provision or this Agreement and includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and judgment on claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. Either of us may initiate arbitration by filing a written claim with FINRA.
9.5 Any of us may initiate arbitration by filing a written claim with FINRA. Except as expressly identified in this section, any arbitration under this Agreement will be conducted pursuant to the Federal Arbitration Act. The state or federal statute of limitations, statute of repose, non-claim statute or any other time bar that would be applicable to any claim filed in a court of competent jurisdiction shall be applicable to any claim filed in arbitration. Judgment upon the award rendered by the arbitrator(s) of arbitrators may be entered in any court court, state or federal, having jurisdiction thereofjurisdiction.
(c) It is understood and agreed that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing a claim for damages against PDI that PDI's liability to the LESSEE shall be limited to an amount equal to charges paid by LESSEE for Equipment rental hereunder.
Appears in 1 contract
Samples: Brokerage Account Agreement
Pre-Dispute Arbitration Agreement. (a) This agreement Customer Agreement contains a pre-dispute arbitration clause. By signing Under this Agreementclause, which becomes binding on all parties when you sign the parties Application, you, we, and our Clearing Firm agree as follows:
(1a) All parties to this agreement Customer Agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
(2b) Arbitration awards are generally final and binding; a party's ’s ability to have a court reverse or modify an arbitration award is very limited.
(3c) The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forumfirst scheduled hearing date.
(5e) The panel of arbitrators will typically can include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6f) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may can be brought in court.
(7g) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
Customer Agreement. All controversies that arise between you, us (bor any of our agents, representatives, or employees) Any controversy and/ or claim arising out of our Clearing Firm concerning any subject matter, issue or relating to this contractcircumstance whatsoever (including, but not limited to, controversies concerning any account, order, distribution, rollover, advice, interaction or transaction, or the continuation, performance, interpretation or breach thereofof this or any other agreement between you, us and/or our Clearing Firm whether entered into or arising before, on or after the date this Brokerage Account is opened) shall be settled determined by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, in accordance with its Commercial Arbitration Rulesthe rules then prevailing of the Financial Industry Regulatory Authority (FINRA) or any United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member, as you shall designate. If you designate the rules of a United States self- regulatory organization or United States securities exchange and those rules fail to be applied for any reason, then you shall designate the prevailing rules of any other United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member. If you do not notify us in writing of your designation with-in five (5) days after such failure or after you receive from us a written demand for arbitration, then you authorize us and/or our Clearing Firm to make such designation on your behalf. The designation of the rules of a United States self-regulatory organization or United States securities exchange is not integral to the underlying agreement to arbitrate. You understand that judgment on the upon any arbitration award rendered by the arbitrator(s) may is permitted to be entered in any court having jurisdiction thereof.
(c) It is understood and agreed of competent jurisdiction. Any state or federal statute of limitation/repose that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing would apply to a claim for damages against PDI that PDI's liability brought in court shall apply equally to any claim brought in arbitration pursuant to this arbitration agreement. For purposes of these applicable statutes of limitation/repose, an arbitration initiated under this arbitration agreement shall be deemed a civil action or proceeding and all statutes of limitation/ repose applicable to civil actions or proceedings shall be applicable to any arbitration initiated under this arbitration agreement. This arbitration agreement will be binding upon and inure to the LESSEE benefit of the parties hereto and their respective representatives, attorneys-in- fact, successors, assigns and any other persons having or claiming to have a legal or beneficial interest in or control over the Brokerage Account, including court-appointed trustees, guardians, and receivers. If an attorney-in-fact, trustee, guardian, or receiver is a signatory to this agreement; such signatory agrees to participate as a party to any dispute within the scope of the agreement. No person shall be limited bring a putative or certified class action to arbitration, nor seek to enforce any pre- dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an amount equal agreement to charges paid by LESSEE for Equipment rental hereunderarbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
Appears in 1 contract
Samples: Brokerage Account Customer Agreement
Pre-Dispute Arbitration Agreement. (a) 9.1 This agreement Agreement contains a pre-dispute arbitration clauseprovision. For the purpose of this provision, “Party” or “Parties” means you and us, together with our affiliates, collectively. By signing tapping "I agree" on the bottom of the screen on the Public Platform on which a link to this AgreementAgreement is provided, you agree to this Agreement and the parties Parties agree as follows:
(1) . ● All parties of the Parties to this agreement Agreement are giving up the right to xxx sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a the claim is filed.
(2) . ● Arbitration awards are generally final and binding; a party's Party’s ability to have a court reverse or modify an arbitration award is very limited.
(3) . ● The ability of the parties Parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4) . ● The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forum.
(5) first scheduled hearing date. ● The panel of arbitrators typically will typically include a minority of arbitrators who were or are affiliated with the energy or equipment leasing securities industry.
(6) . ● The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. ● In some cases, a claim that is ineligible for arbitration may be brought in court.
(7) . The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreementAgreement.
(b) Any controversy 9.2 No Party shall bring a putative or claim arising certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any Party who has initiated in court a putative class action or against any Party who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until the: ● class certification is denied by the court; or relating ● class is decertified by the court; or ● client is excluded from the class by the court.
9.3 Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this contract, or Agreement except to the breach thereof, extent stated herein.
9.4 All Claims shall be settled determined by arbitration administered by conducted before the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, Financial Industry Regulatory Authority (“FINRA”) in accordance with its Commercial Arbitration Rulesarbitration procedures then in effect; except for Claims that are not arbitrable under FINRA rules then in effect or Claims excluded from arbitration in this Agreement. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, claims, disputes or controversies arising out of, or relating to, (i) your Brokerage Accounts; (ii) authorized representatives; (iii) the amount of available funds in the Brokerage Accounts; (iv) advertisements, promotions or oral or written statements related to the Brokerage Accounts; and (v) the benefits and services related to the Brokerage Accounts. Specifically, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Brokerage Accounts or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this pre-dispute arbitration provision or this Agreement and includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and judgment on claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. Either of us may initiate arbitration by filing a written claim with FINRA.
9.5 Any of us may initiate arbitration by filing a written claim with FINRA. Except as expressly identified in this section, any arbitration under this Agreement will be conducted pursuant to the Federal Arbitration Act. The state or federal statute of limitations, statute of repose, non-claim statute or any other time bar that would be applicable to any claim filed in a court of competent jurisdiction shall be applicable to any claim filed in arbitration. Judgment upon the award rendered by the arbitrator(s) of arbitrators may be entered in any court court, state or federal, having jurisdiction thereofjurisdiction.
(c) It is understood and agreed that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing a claim for damages against PDI that PDI's liability to the LESSEE shall be limited to an amount equal to charges paid by LESSEE for Equipment rental hereunder.
Appears in 1 contract
Samples: Brokerage Account Agreement
Pre-Dispute Arbitration Agreement. (a) This agreement contains a pre-dispute arbitration clause. By signing this Agreement, the parties agree as followsI understand and acknowledge that:
(1a) All parties to this agreement are giving up the right to xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filedfled.
1 Customer Agreement (2Continued on page 4)
b) Arbitration awards are generally final fnal and binding; a party's ’s ability to have a court reverse or modify an arbitration award is very limited.
(3c) The ability of the parties to obtain documents, witness statements and other discovery is may be generally more limited in arbitration than in court proceedings.
(4d) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel or otherwise in compliance with at least 20 days prior to the applicable arbitration rules of the forumfrst scheduled hearing date.
(5e) The panel of arbitrators will typically may include a minority of arbitrators who were or are affiliated affliated with the energy or equipment leasing securities industry.
(6f) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
(7g) The rules of the arbitration forum in which the claim is filedfled, and any amendments thereto, shall be incorporated into this agreement.
(b) Any . I agree that any controversy or claim arising out of or relating to my account, to transactions with or for me or to this contract, agreement or the breach thereof, shall whether executed or to be executed within or outside of the United States, and whether asserted against U.S. Bancorp Investments and/or its present or former agents or employees, will be settled by arbitration administered by the American Arbitration Association, sitting in Providence, Rhode Island, United States of America, before and in accordance with its Commercial Arbitration Rules, and judgment on the then-current rules of the Financial Industry Regulatory Authority. Judgment upon any award rendered by the arbitrator(s) arbitrators may be entered in any court having jurisdiction thereof.
(c) It is understood and agreed that if an error or omission is made by PDI, hereunder, which results in the LESSEE bringing a claim for damages against PDI that PDI's liability . Notwithstanding anything to the LESSEE contrary in this agreement, the arbitrability of disputes under this agreement shall be limited to an amount equal to charges paid governed by LESSEE for Equipment rental hereunderthe Federal Arbitration Act.
Appears in 1 contract
Samples: Customer Agreement