Common use of Your Liability for Fees Clause in Contracts

Your Liability for Fees. Unless specifically prohibited by Applicable Law, or resulting from our gross negligence or our intentional misconduct, you will reimburse us for any expense, loss or damage that we incur, including reasonable professional fees, expert fees, attorney’s fees and legal expenses (whether at the trial, bankruptcy, appellate, mediation, arbitration, collection or post-judgment stage) in protecting or defending your or our interests related to your Account, transactions, loans or membership with us or in protecting your or our interest including the necessity to seek the advice or opinion of legal counsel or other professionals regarding the bona fides or legality of any transaction to or from your Account or involving any services with us, or any request for information or documentation regarding any of your Accounts or services with us (“Fees”). You authorize us to deduct any Fees due us from any Account you own individually or jointly. You also grant us a consensual pledge of any Account you own individually or jointly to secure the payment of the Fees. If the amounts in your Account are not sufficient, then you agree, upon demand, to pay us any difference. Indemnification: You agree to indemnify, defend and hold us harmless from and against every claim, demand, action, cost, loss, liability, damages and expense, including Fees, that we incur as a result of a claim or legal process you are involved in or by us acting in accordance with Applicable Law, this Agreement, the Disclosures or the Bylaws, unless otherwise prohibited by Applicable Law. ARBITRATION PROVISION BINDING ARBITRATION AND CLASS ACTION WAIVER: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR ACCOUNTS AND ALL RELATED FEATURES, TRANSACTIONS, AND SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT.

Appears in 2 contracts

Samples: Membership and Account Agreement, Membership and Account Agreement

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Your Liability for Fees. Unless specifically prohibited by Applicable Law, or resulting from our gross negligence or our intentional misconduct, you will reimburse us for any expense, loss or damage that we incur, including reasonable professional fees, expert fees, attorney’s fees and legal expenses (whether at the trial, bankruptcy, appellate, mediation, arbitration, collection or post-judgment stage) in protecting or defending your or our interests related to your Account, transactions, loans or membership transactions with us or in protecting your or our interest including the necessity to seek the advice or opinion of legal counsel or other professionals regarding the bona fides or legality of any transaction to or from your Account or involving any services with us, or any request for information or documentation regarding any of your Accounts or services with us (“Fees”). You authorize us to deduct any Fees due us from any Account you own individually or jointly. You also grant us a consensual pledge of any Account you own individually or jointly to secure the payment of the Fees. If the amounts in your Account are not sufficient, then you agree, upon demand, to pay us any difference. Indemnification: You agree to indemnify, defend and hold us harmless from and against every claim, demand, action, cost, loss, liability, damages and expense, including Fees, that we incur as a result of a claim or legal process you are involved in or by us acting in accordance with Applicable Law, this Agreement, the Disclosures or the Bylaws, unless otherwise prohibited by Applicable Law. ARBITRATION PROVISION BINDING ARBITRATION AND CLASS ACTION WAIVER: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR ACCOUNTS AND ALL RELATED FEATURES, TRANSACTIONS, AND SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT.

Appears in 1 contract

Samples: Account Agreement

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Your Liability for Fees. Unless specifically prohibited by Applicable Law, or resulting from our gross negligence or our intentional misconduct, you will reimburse us for any expense, loss or damage that we incur, including reasonable professional fees, expert fees, attorney’s fees and legal expenses (whether at the trial, bankruptcy, appellate, mediation, arbitration, collection or post-judgment stage) in protecting or defending your or our interests related to your Account, transactions, loans or membership with us or in protecting your or our interest interests, including the necessity to seek the advice or opinion of legal counsel or other professionals regarding the bona fides or legality of any transaction to or from your Account or involving any services with us, or any request for information or documentation regarding any of your Accounts or services with us (“Fees”). You authorize us to deduct any Fees due us from any Account you own individually or jointly. You also grant us a consensual pledge of any Account you own individually or jointly to secure the payment of the Fees. If the amounts in your Account are not sufficient, then you agree, upon demand, to pay us any difference. Statutory and Consensual Liens: To the extent that you owe us money as an Account Owner, borrower, guarantor or otherwise, or any Fees, the Federal Credit Union Act gives us a lien on all funds in any Account in which you have an ownership or beneficial interest, unless prohibited by some other provision of Applicable Law. Because of this lien, we have the right to use funds in your Account, without prior notice to you, to pay off your indebtedness or obligation to us, including (but not limited to) obligations arising from attorney and other professional fees, costs, expenses, loans, and overdrafts incurred by us or that you owe to us. This indebtedness or obligation may be individual, joint, primary, secondary or contingent. If we choose not to enforce our lien at a particular time, we are not waiving our right to enforce our lien at a later time. In addition, you grant us a security interest and pledge in any Account in which you have an ownership or beneficial interest and agree that we may use funds in any Account to pay any indebtedness or obligation you owe to us now or in the future, except (if applicable) for obligations secured by your primary residence, unless otherwise prohibited by Applicable Law. Your Account is not transferable, assignable or to be pledged to a third party without our written consent. Indemnification: You agree to indemnify, defend and hold us harmless from and against every claim, demand, action, cost, loss, liability, damages and expense, including Fees, that we incur as a result of a claim or legal process you are involved in or by us acting in accordance with Applicable Law, this Agreement, the Disclosures disclosures or the Bylaws, unless otherwise prohibited by Applicable Law. ARBITRATION PROVISION BINDING ARBITRATION AND CLASS ACTION WAIVER: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR ACCOUNTS AND ALL RELATED FEATURES, TRANSACTIONS, AND SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES MAY BE MORE LIMITED THAN RULES APPLICABLE IN COURT.

Appears in 1 contract

Samples: Business Membership and Account Agreement

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