Validity and Enforcement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 9 contracts
Samples: Business Account Agreement, Membership and Account Agreement, Membership and Account Agreement
Validity and Enforcement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject sub- ject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
Validity and Enforcement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including includ- ing without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
Validity and Enforcement. Any determination as to whether this Arbitration Agreement Agree- ment is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitrationarbitra- tion; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Business Account Agreement
Validity and Enforcement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitratorarbitra- tor, including without limitation any issues relating to whether a Claim is subject to arbitrationarbitra- tion; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Appears in 1 contract
Samples: Account Agreement
