Special Definition of Certain Terms. For purposes of this Section 0.XX only, references to “you,” “your,” “we,” “our,” and “us” in this arbitration provision include each party’s respective parent companies, subsidiaries, affiliates, agents, employees, officers, directors, predecessors in interest, successors and assigns, as well as all authorized or unauthorized Account Owners, Cardholders, custodians, users or beneficiaries of Accounts under this Agreement or any prior agreements between you and us, as applicable. We and you agree to arbitrate all disputes or claims between you and us arising out of or relating to your Account or this Agreement. This arbitration provision is intended to be broadly interpreted. Claims include, but are not limited to: • Claims arising out of or relating to your Account(s), this Agreement, any other agreement related to your Accounts, or any transactions arising thereunder, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; • Claims that arose before the effective date of this Agreement or any prior deposit account agreement (including, but not limited to, claims relating to advertising, promotions, or disclosures); • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and • Claims that may arise after the termination of this Agreement. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this provision. The arbitrator will decide the substance of all Claims in accordance with all Applicable Law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Under this arbitration provision, arbitrators will not be bound by rulings in prior arbitrations involving different customers but are bound by rulings in prior arbitrations involving the same customer to the extent required by Applicable Law. This arbitration provision will survive the closing of your Account and/or the termination of this Agreement. Unless both you and we agree otherwise, each party must bring all related or similar Claims in a single arbitration proceeding. If you or we later initiate a subsequent arbitration asserting Claims that are related or similar to ones that were raised by such party in a prior arbitration, the AAA or the arbitrator will either: (i) consolidate the subsequent arbitrat...
Special Definition of Certain Terms. For purposes of this Agreement only, references to “you,” “we,” “our,” and “us” in this Agreement include the accountholder’s and NCDFCU’s respective parent companies, subsidiaries, affiliates, agents, employees, officers, directors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized account owners, custodians, users, or beneficiaries of accounts under this Agreement or prior agreements between us, as applicable.
Special Definition of Certain Terms. For purposes of this arbitration provision only, references to “you,” “your,” “we,” “our,” and “us” in this arbitration provision include each party’s respective parent companies, subsidiaries, affiliates, agents, employees, officers, directors, predecessors in interest, successors and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of your Card under this Agreement, as applicable.
