Common use of Your Right to Opt-Out Clause in Contracts

Your Right to Opt-Out. You have the right to opt out of this Arbitration Agreement and doing so will not affect any other terms of this agreement or your relationship with us. TO OPT OUT OF THIS ARBITRATION AGREEMENT, YOU MUST MAIL US WRITTEN NOTICE OF YOUR DECISION POSTMARKED WITHIN THIRTY (30) DAYS OF OPENING YOUR BUSINESS ACCOUNT (or if this Arbitration Agreement is added to the business account agreement after your business account is opened, within thirty (30) days after this Arbitration Agreement becomes effective) OR POSTMARKED WITHIN thirty (30) DAYS OF THE CONVERSION OF YOUR ACCOUNT FROM YOUR CURRENT BANK TO EASTERN BANK. Your opt out notice must include your name, address, account number for each account you wish to opt out, and your signature, and must be mailed to the “Notice Address” below. Notice Address Eastern Bank Legal Department 000 Xxxxxx Xxxxxx, XX0-00 Xxxx, Xxxxxxxxxxxxx 00000 The opt-out procedure set forth in the above paragraphs is the sole and only method by The opt-out procedure set forth in the above paragraphs is the sole and only method by which you can opt out of this Arbitration Agreement. For joint accounts, an opt-out notice signed by one account owner shall apply to all owners listed on the account. This Arbitration Agreement will apply to any Dispute relating to any account(s) for which we do not receive a timely and proper opt-out notice as described in the above paragraphs (including Disputes involving account owners added to your account in the future). If you do not opt out of the Arbitration Agreement as described in the above paragraphs, your continued use of your account evidences your acceptance of the Arbitration Agreement’s terms.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

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Your Right to Opt-Out. You have the right to opt out of If you do not want this Arbitration Agreement and doing so will not affect any other terms to apply to your Account, you may opt out by sending us written notice of this agreement or your relationship with us. TO OPT OUT OF THIS ARBITRATION AGREEMENT, YOU MUST MAIL US WRITTEN NOTICE OF YOUR DECISION POSTMARKED WITHIN THIRTY (30) DAYS OF OPENING YOUR BUSINESS ACCOUNT (or if this Arbitration Agreement is added to the business account agreement after your business account is opened, decision within thirty (30) days after this of the opening of your Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement becomes effective) OR POSTMARKED WITHIN thirty (30) DAYS OF THE CONVERSION OF YOUR ACCOUNT FROM YOUR CURRENT BANK TO EASTERN BANKsection of this Agreement. Your opt out notice must It should include your name, address, account number for each account you wish to opt outAccount name, Account number, and your signature, signature and must be mailed to the “Notice Address” below. Notice Address Eastern Bank Cross River Bank, Attn: Legal Department Department, 000 Xxxxxx Xxxxx Xxxxxx, XX0-00 00xx Xxxxx, Xxxx Xxxx, Xxxxxxxxxxxxx 00000 The opt-out procedure set forth in the above paragraphs is the sole and only method by The opt-out procedure set forth in the above paragraphs XX 00000. This is the sole and only method by which you can opt out of this Arbitration Agreement. For joint accounts, an Your exercise of the right to opt-out notice signed by one account owner shall apply will not affect any remaining terms of this Agreement and will not result in any adverse consequence to all owners listed on the accountyou or your Account. This You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement will apply to any Dispute relating to any account(s) for which we do not receive in a timely and proper optfashion. Prohibition of Class and Representative Actions and Non-out notice as described Individualized Relief YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. Pre-Arbitration Dispute Resolution The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support using the contact information above paragraphs If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (including Disputes involving account owners added to your account in the futureNotice). If you do not opt out The Notice to the Bank or Indemnified Party should be sent to Cross River Bank, c/o BuildCredit , 0000 X Xxxxxxx Xxxxxxx #000, Xxxx Xxxxx, XX 00000 (Notice Address). The Notice must (a) describe the nature and basis of the Arbitration Agreement as described in the above paragraphs, your continued use of your account evidences your acceptance of the Arbitration Agreement’s terms.claim or dispute and

Appears in 1 contract

Samples: Deposit Account Agreement

Your Right to Opt-Out. Of This Arbitration Provision Agreeing to this Arbitration Provision is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision (subject to the pending litigation provision in Section 15.2.2, and the limitations set forth in this Section 15.2.8). To do so, within 30 days of the date that this Agreement is electronically accepted by you, you must send an electronic email from the email address associated with your driver-partner account to xxxxxx@xxxx.xxx, stating your intent to opt out of this Arbitration Provision, as well as your name, the phone number associated with your driver-partner account, and the city in which you reside. An email sent by your agent or representative (including your counsel) shall not be effective. Your email may opt out yourself only, and any email that purports to opt out anyone other than yourself shall be void as to any others. Should you not opt out of this Arbitration Provision within the 30-day period, you and the Company shall be bound by the terms of this Arbitration Provision. You have the will not be subject to retaliation if you exercise your right to opt out of this Arbitration Agreement and doing so will not affect any other terms of this agreement or your relationship with usProvision. TO OPT OUT OF THIS ARBITRATION AGREEMENT, YOU MUST MAIL US WRITTEN NOTICE OF YOUR DECISION POSTMARKED WITHIN THIRTY (30) DAYS OF OPENING YOUR BUSINESS ACCOUNT (or if this Arbitration Agreement is added to the business account agreement after your business account is opened, within thirty (30) days after this Arbitration Agreement becomes effective) OR POSTMARKED WITHIN thirty (30) DAYS OF THE CONVERSION OF YOUR ACCOUNT FROM YOUR CURRENT BANK TO EASTERN BANK. Your opt out notice must include your name, address, account number for each account If you wish to opt out, and your signature, and must be mailed to the “Notice Address” below. Notice Address Eastern Bank Legal Department 000 Xxxxxx Xxxxxx, XX0-00 Xxxx, Xxxxxxxxxxxxx 00000 The opt-out procedure set forth in the above paragraphs is the sole and only method by The opt-out procedure set forth in the above paragraphs is the sole and only method by which you can opt out of this Arbitration Agreement. For joint accounts, Provision and at the time of your receipt of this Agreement you were bound by an opt-existing agreement to arbitrate disputes arising out notice signed by one account owner shall apply to all owners listed on the account. This Arbitration Agreement will apply to any Dispute relating to any account(s) for which we do not receive a timely and proper opt-out notice as described in the above paragraphs (including Disputes involving account owners added of or related to your account use of the Uber Services and Driver App, that existing arbitration agreement will remain in the future)full force and effect. If you do not Neither your acceptance of this Agreement nor your decision to opt out of this Arbitration Provision will affect any obligation you have to arbitrate disputes not specified in this Arbitration Provision pursuant to any other agreement you have with the Arbitration Agreement as described in the above paragraphsCompany or any of its subsidiaries or affiliate entities. Likewise, your continued use of your account evidences your acceptance of or decision to opt out of any other arbitration agreement you have with the Company or any of its subsidiaries or affiliate entities shall not affect any obligation you have to arbitrate claims pursuant to this Arbitration Agreement’s termsProvision.

Appears in 1 contract

Samples: Technology Services Agreement

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Your Right to Opt-Out. You have the right to opt out of If you do not want this Arbitration Agreement and doing so will not affect any other terms to apply to your Account, you may opt out by sending us written notice of this agreement or your relationship with us. TO OPT OUT OF THIS ARBITRATION AGREEMENT, YOU MUST MAIL US WRITTEN NOTICE OF YOUR DECISION POSTMARKED WITHIN THIRTY (30) DAYS OF OPENING YOUR BUSINESS ACCOUNT (or if this Arbitration Agreement is added to the business account agreement after your business account is opened, decision within thirty (30) days after this of the opening of your Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement becomes effective) OR POSTMARKED WITHIN thirty (30) DAYS OF THE CONVERSION OF YOUR ACCOUNT FROM YOUR CURRENT BANK TO EASTERN BANKsection of this Agreement. Your opt out notice must It should include your name, address, account number for each account you wish to opt outAccount name, Account number, and your signature, signature and must be mailed to the “Notice Address” below. Notice Address Eastern Bank Legal Department 000 Even Responsible Finance, Inc. 0000 XX Xxxxxx Xxxxx #00000, Xxxxxxxxx, Xxxxxx, XX000000-00 Xxxx, Xxxxxxxxxxxxx 00000 The opt-out procedure set forth in the above paragraphs is the sole and only method by The opt-out procedure set forth in the above paragraphs 0000. This is the sole and only method by which you can opt out of this Arbitration Agreement. For joint accounts, an Your exercise of the right to opt-out notice signed by one account owner shall apply will not affect any remaining terms of this Agreement and will not result in any adverse consequence to all owners listed on the accountyou or your Account. This You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement will apply to any Dispute relating to any account(s) for which we do not receive in a timely and proper optfashion. Prohibition of Class and Representative Actions and Non-out notice as described Individualized Relief YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. Pre-Arbitration Dispute Resolution The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the above paragraphs customer’s satisfaction through the Even App or by email to xxxxxxx@xxxx.xxx. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (including Disputes involving account owners added Notice). The Notice to your account in the futureBank or Indemnified Party should be sent to Even Responsible Finance, Inc. 0000 XX Xxxxxx Xxxxx #00000, Xxxxxxxxx, Xxxxxx, 97008- 7105 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not opt out resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled. Arbitration Procedures Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, xxxx://xxx.xxx.xxx. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, xxxx://xxx.xxx.xxx/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement as described in will control unless the above paragraphs, your continued use of your account evidences your acceptance arbitrator determines that the application of the inconsistent Arbitration Agreement’s terms.Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court

Appears in 1 contract

Samples: Deposit Account Agreement

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