Common use of RESOLUTION OF DISPUTES; ARBITRATION AND WAIVER OF CLASS ACTION Clause in Contracts

RESOLUTION OF DISPUTES; ARBITRATION AND WAIVER OF CLASS ACTION. X. Xxxxxxxxxxx and Waiver of Class Action You and the Bank agree that we will attempt to informally settle any and all legal claims. If a legal claim cannot be resolved informally, then you agree that any and all claims, disputes or causes of action (“Claims”) that are threatened, made, filed or initiated (even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date (defined below) of this arbitration provision (unless you opt-out in accordance with the requirements of the Right to Opt-Out provision below)), shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules applicable to the Claim at issue (“Rules”), whether such Claim is in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx, or a copy of the Rules can be obtained at any banking center upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any State law to the contrary, regardless of the origin or nature of the Claims at issue.

RESOLUTION OF DISPUTES; ARBITRATION AND WAIVER OF CLASS ACTION. X. Xxxxxxxxxxx and Waiver of Class Action You and the Bank agree that we will attempt to informally settle any and all legal claims. If a legal claim cannot be resolved informally, then you agree that any and all claims, disputes or causes of action (“Claims”) legal claims that are threatened, made, filed or initiated (even if the Claims legal claims arise out of, affect or relate to conduct that occurred prior to the Effective Date (defined below) of this arbitration provision (unless date you opt-out in accordance with the requirements of the Right to Opt-Out provision below)opened your account), shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules applicable to the Claim legal claim at issue (“Rules”), whether such Claim is legal claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx, or a copy of the Rules can be obtained at any banking center bank branch upon request. Either you or we may elect to resolve a particular Claim legal claim through arbitration, even if one of us has already initiated litigation in court related to the Claimlegal claim, by: : (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR LEGAL CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR LEGAL CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any State state law to the contrary, regardless of the origin or nature of the Claims legal claims at issue.