Common use of RESOLUTION OF DISPUTES BY ARBITRATION Clause in Contracts

RESOLUTION OF DISPUTES BY ARBITRATION. Any dispute or claim arising from or relating to the provision of the Service that involves a claim by you or any claims made by anyone connected with you or claiming through you for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to the Service shall be settled by arbitration administered by the AAA under its Commercial Arbitration Rules, with such arbitration to be held in Bethesda, Maryland. If you initiate the arbitration, you must notify us in writing at Viamericas Corporation/Office of the General Counsel, 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000, XXX. If we initiate the arbitration, we will notify you at the last known postal or e-mail address on file with us. If we initiate arbitration and/or any legal action to collect money owed to us under this Agreement, and if we substantially prevail on our claims in arbitration, you agree to pay all our costs for such arbitration and/or action, including any reasonable attorneys' fees. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this Section 23 and that claims of third parties shall not be joined in any arbitration between the parties. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief. In addition, disputes involving claims that you have infringed or have threatened to infringe our intellectual property rights are not subject to arbitration. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THE SERVICE. This provision does not prevent you from contacting the appropriate regulatory agency with any questions or complaints (see “Problems with Service” below). Within 30 days after initiating a transaction, a Customer may opt-out of this provision by emailing xxxxxxxxxxxxxxx@xxxxxxxxxx.xxx with their request to opt-out.

RESOLUTION OF DISPUTES BY ARBITRATION. Any dispute or claim arising from or relating to the provision of the Service that involves a claim by you or any claims made by anyone connected with you or claiming through you for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to the Service shall be settled by arbitration administered by the AAA under its Commercial Arbitration Rules, with such arbitration to be held in Bethesda, Maryland. If you initiate the arbitration, you must notify us in writing at Viamericas Corporation/Office of the General Counsel, 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000, XXX. If we initiate the arbitration, we will notify you at the last known postal or e-mail address on file with us. If we initiate arbitration and/or any legal action to collect money owed to us under this Agreement, and if we substantially prevail on our claims in arbitration, you agree to pay all our costs for such arbitration and/or action, including any reasonable attorneys' fees. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this Section 23 and that claims of third parties shall not be joined in any arbitration between the parties. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief. In addition, disputes involving claims that you have infringed or have threatened to infringe our intellectual property rights are not subject to arbitration. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THE SERVICE. This provision does not prevent you from contacting the appropriate regulatory agency with any questions or complaints (see “Problems with Service” below). Within 30 days after initiating a transaction, a Customer may opt-out of this provision by emailing xxxxxxxxxxxxxxx@xxxxxxxxxx.xxx c xxxxxxxxxxxxxx@xxxxxxxxxx.xxx with their request to opt-out.