3Seeds are covered by FDIC insurance. MetaBank® or The Bancorp Bank® are affiliated with FDIC insurance. For more information about FDIC insurance and what it means to you as a cardholder, please see fdic.gov/consumers Barring explicit mention below, any controversy, (a) of the card, (b) any service related to the card or (c) of that agreement, whether under laws, contracts, wrongdoing or any other legal theory in which the total amount of controversy for all applicants exceeds $15,000, including interest and legal fees, (each “claim”) is settled on an individual basis by binding arbitration proceedings pursuant to the Federal Arbitration Act (FAA). The judgment on the arbitral award can be registered in any competent court. Any dispute as to whether a particular controversy is related to the object is decided by the arbitrator. If a portion of the damages or other assistance sought is not explicitly declared in dollars, the controversy will be a claim subject to arbitration proceedings. You and the Bank acknowledge and agree that the transactions contemplated by the use of the card and any controversies that may arise under the card, card services or this agreement include the “trade” of how this term is defined and used in the FAA. Arbitration is managed by the American Arbitration Association (AAA) in accordance with its commercial arbitration settlement (the “arbitration settlement”). We will tell you how to contact the AAA and how to get a copy of the arbitration rules at no cost if you ask us in writing. The arbitration settlement allows you to request a postponement or a reduction in the administrative costs of arbitration if the payment would cause you a severity.
Each oral conciliation hearing is held in Cache County, Utah, where our employees and card records are located. It is up to the arbitrator to order arbitration by telephone. Every arbitrator is a licensed lawyer who has practiced private legal practice continuously for the 10 years immediately preceding arbitration, or a retired judge of a general law or appeals tribunal. The arbitrator`s award grants only such discharge, which a competent court could duly award under existing legislation, including legal fees if the law or agreement permits, and may award the party in power all costs in advance and removal of the arbitration proceedings. All statutes of limitations, defences and solicitors and other privileges that would apply in court proceedings apply in arbitration. The filing of an arbitration application in accordance with the arbitration rules is considered to be the beginning of a legal action for the purposes of the applicable statute of limitations. There are no collective claims – other people`s claims are not taken into account or consolidated in the arbitration between you and the bank. The agreement does not limit the right of you or ourselves, whether it is before, during or after arbitration, to obtain interim or complementary remedies, or any other traditionally fair exemption (other than a suspension of arbitration) that is necessary to protect the rights or property of the party seeking discharge until the arbitrator has determined the merits of the claim or obtain bank assistance, such as the right to quash. The execution by one of the parties of one of the acts described in the sentence above or the filing of a legal action by a party does not apply to the right to demand arbitration for a claim invoked in counter-claim or in reaction to such an action.
2020年12月16日 2:10 AM 未分類