Treatment of American Express Cardmember Information. Any and all Cardmember Information is confidential and the sole property of the American Express Card issuer, American Express or its affiliates. Except as otherwise specified, Merchant must not disclose Cardmember Information, nor use nor store it, other than to facilitate transactions at Merchant's Establishments in accordance with the Agreement. EXHIBIT C: ARBITRATION AGREEMENT (AS TO DISPUTES INVOLVING AMERICAN EXPRESS) (U.S.) In the event that Merchant or iTransact is not able to resolve a "Claim" (as defined in Section 11 below) against American Express, or a claim against iTransact or any other entity that American Express has a right to join, this Exhibit C (this "Arbitration Agreement") explains how Claims may be resolved through arbitration. Merchant or American Express may elect to resolve any Claim by binding individual arbitration. Claims will be decided by a neutral arbitrator. If arbitration is elected by any party, neither Merchant nor iTransact nor American Express will have the right to litigate or have a jury trial on that Claim in court. Further, Merchant, iTransact, and American Express will not have the right to participate in a class action or in a representative capacity or in a group of persons alleged to be similarly situated pertaining to any Claim subject to arbitration under this Arbitration Agreement. Arbitration procedures are generally simpler than the rules in court. An arbitrator's decisions are final and binding, and the arbitrator's final decision on a Claim generally is enforceable as a court order with very limited review by a court. Other rights Merchant, iTransact, or American Express would have in court may also not be available in arbitration.
Appears in 1 contract
Samples: Merchant Services Agreement for Sub
Treatment of American Express Cardmember Information. Any and all Cardmember Information is confidential and the sole property of the American Express Card issuer, American Express or its affiliates. Except as otherwise specified, Merchant User must not disclose Cardmember Information, nor use nor store it, other than to facilitate transactions Transactions at Merchant's User’s Establishments in accordance with the Agreement. EXHIBIT C: ARBITRATION AGREEMENT (AS TO DISPUTES INVOLVING AMERICAN EXPRESS) Exhibit B [Arbitration Agreement as to Disputes involving American Express (U.S.) )] In the event that Merchant User or iTransact PayRom is not able to resolve a "“Claim" ” (as defined in Section 11 below) against American Express, or a claim against iTransact PayRom or any other entity that American Express has a right to join, this Exhibit C B (this "“Arbitration Agreement"”) explains how Claims may be resolved through arbitration. Merchant User or American Express may elect to resolve any Claim by binding individual arbitration. Claims will be decided by a neutral arbitrator. If arbitration is elected by any party, neither Merchant User nor iTransact PayRom nor American Express will have the right to litigate or have a jury trial on that Claim in court. Further, MerchantUser, iTransactPayRom, and American Express will not have the right to participate in a class action or in a representative capacity or in a group of persons alleged to be similarly situated pertaining to any Claim subject to arbitration under this Arbitration Agreement. Arbitration procedures are generally simpler than the rules in court. An arbitrator's ’s decisions are final and binding, and the arbitrator's ’s final decision on a Claim generally is enforceable as a court order with very limited review by a court. Other rights MerchantUser, iTransactPayRom, or American Express would have in court may also not be available in arbitration.
Appears in 1 contract
Samples: Terms and Conditions
Treatment of American Express Cardmember Information. Any and all Cardmember Information is confidential and the sole property of the American Express Card issuer, American Express or its affiliates. Except as otherwise specified, Merchant User must not disclose Cardmember Information, nor use nor store it, other than to facilitate transactions Transactions at Merchant's User’s Establishments in accordance with the Agreement. EXHIBIT C: ARBITRATION AGREEMENT (AS TO DISPUTES INVOLVING AMERICAN EXPRESS) Exhibit B [Arbitration Agreement as to Disputes involving American Express (U.S.) )] In the event that Merchant User or iTransact MojoPay is not able to resolve a "“Claim" ” (as defined in Section 11 below) against American Express, or a claim against iTransact MojoPay or any other entity that American Express has a right to join, this Exhibit C B (this "“Arbitration Agreement"”) explains how Claims may be resolved through arbitration. Merchant User or American Express may elect to resolve any Claim by binding individual arbitration. Claims will be decided by a neutral arbitrator. If arbitration is elected by any party, neither Merchant User nor iTransact MojoPay nor American Express will have the right to litigate or have a jury trial on that Claim in court. Further, MerchantUser, iTransactMojoPay, and American Express will not have the right to participate in a class action or in a representative capacity or in a group of persons alleged to be similarly situated pertaining to any Claim subject to arbitration under this Arbitration Agreement. Arbitration procedures are generally simpler than the rules in court. An arbitrator's ’s decisions are final and binding, and the arbitrator's ’s final decision on a Claim generally is enforceable as a court order with very limited review by a court. Other rights MerchantUser, iTransactMojoPay, or American Express would have in court may also not be available in arbitration.
Appears in 1 contract
Samples: Agreement
Treatment of American Express Cardmember Information. Any and all Cardmember Information is confidential and the sole property of the American Express Card issuer, American Express or its affiliates. Except as otherwise specified, Merchant must not disclose Cardmember Information, nor use nor store it, other than to facilitate transactions at Merchant's ’s Establishments in accordance with the Agreement. EXHIBIT C: ARBITRATION AGREEMENT Exhibit B Arbitration Agreement (AS TO DISPUTES INVOLVING AMERICAN EXPRESSas to Disputes involving American Express) (U.S.) In the event that Merchant or iTransact WePay is not able to resolve a "“Claim" ” (as defined in Section 11 below) against American Express, or a claim against iTransact WePay or any other entity that American Express has a right to join, this Exhibit C B (this "“Arbitration Agreement"”) explains how Claims may be resolved through arbitration. Merchant or American Express may elect to resolve any Claim by binding individual arbitration. Claims will be decided by a neutral arbitrator. If arbitration is elected by any party, neither Merchant nor iTransact WePay nor American Express will have the right to litigate or have a jury trial on that Claim in court. Further, Merchant, iTransactWePay, and American Express will not have the right to participate in a class action or in a representative capacity or in a group of persons alleged to be similarly situated pertaining to any Claim subject to arbitration under this Arbitration Agreement. Arbitration procedures are generally simpler than the rules in court. An arbitrator's ’s decisions are final and binding, and the arbitrator's ’s final decision on a Claim generally is enforceable as a court order with very limited review by a court. Other rights Merchant, iTransactWePay, or American Express would have in court may also not be available in arbitration.
Appears in 1 contract
Samples: static.chasecdn.com