Common use of SMALL CLAIMS COURT OPTION Clause in Contracts

SMALL CLAIMS COURT OPTION. If a Dispute is for an amount up to the maximum amount that may be sought in a small claims court in the jurisdiction in which you reside, you may elect to assert your claim as an individual action in such small claims court, but in no other court, in lieu of arbitration. Initiating Arbitration. To start an arbitration, a party must send a Demand for Arbitration (“Demand”) to the other party and submit a copy of the Demand and filing fee to the AAA. The form of Demand, the ways to submit a Demand to the AAA, and other information about the arbitration process are available at xxx.xxx.xxx. If you are unable to pay the filing fee, we will pay it directly upon receiving a written request at the Notice Address to do so. Arbitration Procedures. The AAA will conduct the arbitration under applicable AAA Arbitration Rules (“AAA Rules”), as those rules may be modified by this Arbitration Agreement. Disputes involving consumers shall be subject to the AAA’s Consumer Arbitration Rules, as those rules may be modified by this Arbitration Agreement. If there is a conflict between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement will control. Any Dispute submitted for arbitration shall be heard and decided by a single arbitrator. For Disputes where the amount in controversy is less than $10,000, the arbitration will be conducted pursuant to the AAA’s Procedures for the Resolution of Disputes Through Document Submission, unless the arbitrator determines that an in-person, telephone or video-conference hearing is necessary. For Disputes where the amount in controversy is $10,000 or greater, the arbitration may be conducted in person, through the submission of documents, or by phone or video-conference, and the parties’ rights to a hearing will be determined by AAA Rules. Proceedings that are not conducted through the submission of documents or by phone or video-conference will take place at a location reasonably convenient for both of us, or if we are unable to agree, at a location determined by the arbitrator. The arbitrator shall have exclusive authority to resolve any disagreement or controversy relating to the validity, interpretation, scope or enforcement of this Arbitration Agreement, or any other part or term of this deposit account agreement or the existence or validity of this deposit account agreement as a whole (subject to the appellate and judicial review rights set forth below). All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding shall apply in and to the arbitration. No arbitrator shall have authority to entertain any Dispute on behalf of a person who is not a named party, nor shall any arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator is required to issue a written decision setting forth the decision and the reasons for that decision. The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the arbitrator determines that the Class Action and Class Arbitration Waiver is invalid, void or unenforceable for any reason, in whole or in part, that determination is immediately reviewable by a court of law, and the parties hereby submit to the jurisdiction of such court for such purpose. The arbitration shall be stayed during the pendency of any such judicial review, including any appeals, requests for rehearing or petitions for certiorari.

SMALL CLAIMS COURT OPTION. If a Dispute is for an amount up to the maximum amount that may be sought in a small claims court in the jurisdiction in which you reside, you may elect to assert your claim as an individual action in such small claims court, but in no other court, in lieu of arbitration. Initiating Arbitration. To start an arbitration, a party must send a Demand for Arbitration (“Demand”) to the other party and submit a copy of the Demand and filing fee to the AAA. The form of Demand, the ways to submit a Demand to the AAA, and other information about the arbitration process are available at xxx.xxx.xxx. If you are unable to pay the filing fee, we will pay it directly upon receiving a written request at the Notice Address to do so. Arbitration Procedures. The AAA will conduct the arbitration under applicable AAA Arbitration Rules (“AAA Rules”), as those rules may be modified by this Arbitration Agreement. Disputes involving consumers shall be subject to the AAA’s Consumer Arbitration Rules, as those rules may be modified by this Arbitration Agreement. If there is a conflict between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement will control. Any Dispute submitted for arbitration shall be heard and decided by a single arbitrator. For Disputes where the amount in controversy is less than $10,000, the arbitration will be conducted pursuant to the AAA’s Procedures for the Resolution of Disputes Through Document Submission, unless the arbitrator determines that an in-person, telephone or video-conference videoconference hearing is necessary. For Disputes where the amount in controversy is $10,000 or greater, the arbitration may be conducted in person, through the submission of documents, or by phone or video-conferencevideoconference, and the parties’ rights to a hearing will be determined by AAA Rules. Proceedings that are not conducted through the submission of documents or by phone or video-conference videoconference will take place at a location reasonably convenient for both of us, or if we are unable to agree, at a location determined by the arbitrator. The arbitrator shall have exclusive authority to resolve any disagreement or controversy relating to the validity, interpretation, scope or enforcement of this Arbitration Agreement, or any other part or term of this deposit account agreement or the existence or validity of this deposit account agreement as a whole (subject to the appellate and judicial review rights set forth below). All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding shall apply in and to the arbitration. No arbitrator shall have authority to entertain any Dispute on behalf of a person who is not a named party, nor shall any arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator is required to issue a written decision setting forth the decision and the reasons for that decision. The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the arbitrator determines that the Class Action and Class Arbitration Waiver is invalid, void or unenforceable for any reason, in whole or in part, that determination is immediately reviewable by a court of law, and the parties hereby submit to the jurisdiction of such court for such purpose. The arbitration shall be stayed during the pendency of any such judicial review, including any appeals, requests for rehearing or petitions for certiorari.