Common use of RIGHT TO REJECT ARBITRATION Clause in Contracts

RIGHT TO REJECT ARBITRATION. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute Resolution, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration. Significance of Arbitration; Limitations and Restrictions. IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE�ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. Broad Meaning of “Claims.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.

Appears in 1 contract

Samples: Credit Agreement

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RIGHT TO REJECT ARBITRATION. You may reject this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To reject this Arbitration Provision, you must send us your written rejection within 60 days after we open your Account, or 60 days after any change in terms that affects this Arbitration Provision, to Account Services Dispute ResolutionSoFi Credit Card, P.O. Box 1050960000 Xxxx Xxxxxxxxxx Xxxx, AtlantaXxxxx 000, GA 30348-5096; Xxxx Xxxx Xxxx, XX 00000 ATTN: Consumer Credit Arbitration. In your letter, you must give us the following information: Namename, Address address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration. Significance of ArbitrationSIGNIFICANCE OF ARBITRATION; Limitations and Restrictions. LIMITATIONS AND RESTRICTIONS IF YOU OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO TO: (iI) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED ARBITRATED; (iiII) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, ; (iiiIII) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT COURT, OR IN ARBITRATION, ARBITRATION RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. Broad Meaning of “Claims.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.; OR

Appears in 1 contract

Samples: Credit Card Cardholder Agreement

RIGHT TO REJECT ARBITRATION. You If you do not want this arbitration agreement to apply, you may reject it by mailing a written notice to us c/o Byrider Franchising, LLC, 00000 Xxxxxxxx Xxxxxxxx Blvd., Carmel, Indiana 46032 Attn: VP Franchise Operations that describes the Contract and states that you are rejecting the arbitration agreement. A rejection notice is only effective if it is signed by each Buyer, and the envelope that the rejection notice is sent in is postmarked no more than 10 calendar days after the date of the Contract. If you reject this Arbitration Provisionarbitration agreement, it will not affect any other provisions of the Contract or your obligations under the Contract. If you do sonot properly reject this arbitration agreement, neither you nor we it will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any be effective as of the other provisions in this Agreementdate of the Contract. To reject this Arbitration ProvisionFOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT, you must send us your written rejection within 60 days after we open your AccountTHE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, or 60 days after any change in terms that affects this Arbitration ProvisionTHEIR RIGHT TO PARTICIPATE IN CLASS AND/OR REPRESENTATIVE ACTIONS, to Account Services Dispute ResolutionAND THEIR RIGHT TO SEEK PUNITIVE AND/OR EXEMPLARY DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit ArbitrationARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration. Significance of Arbitration; Limitations and RestrictionsTHE TERMS OF THIS ARBITRATION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, NEITHER SEEK INDEPENDENT ADVICE BEFORE SIGNING THIS CONTRACT. BY SIGNING THIS CONTRACT, YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE�ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT ACKNOWLEDGE THAT YOU OR WE COULD IN COURTHAVE READ, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER UNDERSTAND AND AGREE TO BE BOUND BY EACH OF ANY CLASS OF CLAIMANTS IN A CLASS ACTIONTHE PROVISIONS, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. Broad Meaning of “ClaimsCOVENANTS AND STIPULATIONS SET FORTH ABOVE.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement.

Appears in 1 contract

Samples: Contract and Security Agreement

RIGHT TO REJECT ARBITRATION. You If you do not want this arbitration agreement to apply, you may reject it by mailing a written notice to us c/o Byrider Franchising, LLC, 00000 Xxxxxxxx Xxxxxxxx Blvd., Carmel, Indiana 46032 Attn: VP Franchise Operations that describes the Contract and states that you are rejecting the arbitration agreement. A rejection notice is only effective if it is signed by each Buyer, and the envelope that the rejection notice is sent in is postmarked no more than 10 calendar days after the date of the Contract. If you reject this Arbitration Provisionarbitration agreement, it will not affect any other provisions of the Contract or your obligations under the Contract. If you do sonot properly reject this arbitration agreement, neither you nor we it will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any be effective as of the other provisions in this Agreementdate of the Contract. To reject this Arbitration ProvisionFOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT, you must send us your written rejection within 60 days after we open your AccountTHE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, or 60 days after any change in terms that affects this Arbitration ProvisionTHEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS, to Account Services Dispute ResolutionAND THEIR RIGHT TO SEEK PUNITIVE DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit ArbitrationARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration. Significance of Arbitration; Limitations and RestrictionsTHE TERMS OF THIS ARBITRATION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, NEITHER SEEK INDEPENDENT ADVICE BEFORE SIGNING THIS CONTRACT. BY SIGNING THIS CONTRACT, YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE�ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT ACKNOWLEDGE THAT YOU OR WE COULD IN COURTHAVE READ, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER UNDERSTAND AND AGREE TO BE BOUND BY EACH OF ANY CLASS OF CLAIMANTS IN A CLASS ACTIONTHE PROVISIONS, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWNCOVENANTS AND STIPULATIONS SET FORTH ABOVE. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final ASSIGNMENT BY SELLER: Seller sells and binding. Only a court may decide the validity of items (iii) assigns this Retail Installment Contract and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. Broad Meaning of “Claims.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Security Agreement, (iii) advertisementsContract), promotions or oral or written statements related to your Accountthe Assignee, its successors and assigns, including all its rights, title and interest in this Contract, and any Claims regarding information obtained by us fromguarantee executed in connection with this Contract. Seller gives Assignee full power, either in its own name or reported by us toin Seller's name, credit reporting agencies to take all legal or othersother actions which Seller could have taken under this Contract. (SEPARATE AGREEMENT: If this Assignment is made "under the terms of a separate agreement" as indicated on page 5, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope terms of this Arbitration Provision or this Agreementassignment are described in a separate writing(s) and not as provided below.)

Appears in 1 contract

Samples: Retail Installment Contract and Security Agreement

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RIGHT TO REJECT ARBITRATION. You If you do not want this arbitration agreement to apply, you may reject it by mailing a written notice to us c/o Byrider Franchising, LLC, 00000 Xxxxxxxx Xxxxxxxx Blvd., Carmel, Indiana 46032 Attn: VP Franchise Operations that describes the Contract and states that you are rejecting the arbitration agreement. A rejection notice is only effective if it is signed by each Buyer, and the envelope that the rejection notice is sent in is postmarked no more than 10 calendar days after the date of the Contract. If you reject this Arbitration Provisionarbitration agreement, it will not affect any other provisions of the Contract or your obligations under the Contract. If you do sonot properly reject this arbitration agreement, neither you nor we it will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any be effective as of the other provisions in this Agreementdate of the Contract. To reject this Arbitration ProvisionFOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT, you must send us your written rejection within 60 days after we open your AccountTHE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, or 60 days after any change in terms that affects this Arbitration ProvisionTHEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS, to Account Services Dispute ResolutionAND THEIR RIGHT TO SEEK PUNITIVE AND/OR EXEMPLARY DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit ArbitrationARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration. Significance of Arbitration; Limitations and RestrictionsTHE TERMS OF THIS ARBITRATION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, NEITHER SEEK INDEPENDENT ADVICE BEFORE SIGNING THIS CONTRACT. BY SIGNING THIS CONTRACT, YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE�ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT ACKNOWLEDGE THAT YOU OR WE COULD IN COURTHAVE READ, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER UNDERSTAND AND AGREE TO BE BOUND BY EACH OF ANY CLASS OF CLAIMANTS IN A CLASS ACTIONTHE PROVISIONS, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWNCOVENANTS AND STIPULATIONS SET FORTH ABOVE. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final ASSIGNMENT BY SELLER: Seller sells and binding. Only a court may decide the validity of items (iii) assigns this Retail Installment Contract and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. Broad Meaning of “Claims.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Security Agreement, (iii) advertisementsContract), promotions or oral or written statements related to your Accountthe Assignee, its successors and assigns, including all its rights, title and interest in this Contract, and any Claims regarding information obtained by us fromguarantee executed in connection with this Contract. Seller gives Assignee full power, either in its own name or reported by us toin Seller's name, credit reporting agencies to take all legal or othersother actions which Seller could have taken under this Contract. (SEPARATE AGREEMENT: If this Assignment is made "under the terms of a separate agreement" as indicated on page 6, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope terms of this Arbitration Provision or this Agreementassignment are described in a separate writing(s) and not as provided below.)

Appears in 1 contract

Samples: Contract and Security Agreement

RIGHT TO REJECT ARBITRATION. You If you do not want this arbitration agreement to apply, you may reject it by mailing a written notice to us c/o Byrider Franchising, LLC, 00000 Xxxxxxxx Xxxxxxxx Blvd., Carmel, Indiana 46032 Attn: VP Franchise Operations that describes the Contract and states that you are rejecting the arbitration agreement. A rejection notice is only effective if it is signed by each Buyer, and the envelope that the rejection notice is sent in is postmarked no more than 10 calendar days after the date of the Contract. If you reject this Arbitration Provisionarbitration agreement, it will not affect any other provisions of the Contract or your obligations under the Contract. If you do sonot properly reject this arbitration agreement, neither you nor we it will have the right to engage in arbitration. Rejecting this Arbitration Provision will have no effect on any be effective as of the other provisions in this Agreementdate of the Contract. To reject this Arbitration ProvisionFOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT, you must send us your written rejection within 60 days after we open your AccountTHE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, or 60 days after any change in terms that affects this Arbitration ProvisionTHEIR RIGHT TO PARTICIPATE IN CLASS AND/OR REPRESENTATIVE ACTIONS, to Account Services Dispute ResolutionAND THEIR RIGHT TO SEEK PUNITIVE AND/OR EXEMPLARY DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, P.O. Box 105096, Atlanta, GA 30348-5096; ATTN: Consumer Credit ArbitrationARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY. In your letter, you must give us the following information: Name, Address and Account number. The right to reject granted here applies solely to this Arbitration Provision, and not to any other provision of this Agreement, or to any other agreement with us. In the event of a dispute over whether you have provided a timely rejection notice, you must provide proof of delivery. Neither party may elect to arbitrate an individual Claim brought in small claims court (or your state’s equivalent court, if any). However, if a Claim that is brought in small claims court is transferred or appealed to a different court, either party may elect arbitration. Significance of Arbitration; Limitations and RestrictionsTHE TERMS OF THIS ARBITRATION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR WE CHOOSE TO RESOLVE A CLAIM BY BINDING THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, NEITHER SEEK INDEPENDENT ADVICE BEFORE SIGNING THIS CONTRACT. BY SIGNING THIS CONTRACT, YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED (ii) ENGAGE IN PRE�ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT ACKNOWLEDGE THAT YOU OR WE COULD HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY EACH OF THE PROVISIONS, COVENANTS AND STIPULATIONS SET FORTH ABOVE. TOTAL SALE PRICE: Seller gave Buyer the opportunity to purchase the Vehicle and described services for the Cash Price or the Total Sale Price. The Total Sale Price is the total price of the Vehicle and any services if you buy them over a period of time. Buyer is purchasing the items over a period of time. The Total Sale Price shown in the TRUTH IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWNLENDING DISCLOSURES assumes that Buyer will make all payments as scheduled. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATIONBuyer may actually pay more or less depending on when Buyer makes payments. Except as set forth below, the arbitrator’s decision will be final Seller charges and bindingcollects finance charges. Only a court may decide the validity of items (iii) and (iv) aboveThese charges are not more than state or federal law allows. If Buyer pays a court holds finance charge or fee that items is more than state or federal law allows, Seller will apply the charge or fee first to reduce the principal and refund any excess to Buyer. Buyer understands and agrees that Seller (iiior Seller's affiliate) will earn commissions or (iv) are limitedfees on any insurance products, invalid and may earn such fees on other services that Buyer buys through Seller or unenforceable, then this entire Arbitration Provision will be null and voidSeller's affiliate. You hereby authorize us to correct any clerical errors or we can appeal any such holding. If a court holds that any omissions made in completing this Contract or other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide a Claim upon the submission of documents alone, or a party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to the Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding a Claim. Broad Meaning of “Claims.” The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) the application for or issuance of your Account, (ii) use, terms, change in terms or addition of terms, closing or collection of your Account or this Agreement, (iii) advertisements, promotions or oral or written statements related to your Account, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (iv) Claims between you and our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from your Account or this Agreement and (v) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreementtransaction.

Appears in 1 contract

Samples: Retail Installment Contract and Security Agreement

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