tagged w/ Arbitration
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Effective February 15, 2012
Important Change in Terms Notice
Dispute Resolution Program: Arbitration Agreement
This Addenda amends the Consumer Account Agreement ("Agreement"). All terms
defined in the Agreement will have the same meaning when used in this Addenda.
If there is a conflict between the addenda and the Agreement, this Addenda will
control. Except as expressly amended by this Addenda, the Agreement remains in full
force and effect.
Binding arbitration If you have a dispute with the Bank, and you are not able to resolve the dispute informally, you and the Bank agree that upon demand by either you or the Bank, the dispute will be resolved through the arbitration process as set forth in this part. A “dispute” is any unresolved disagreement between you and the Bank. It includes any disagreement relating in any way to services, accounts or matters; to your use of any of the Bank’s banking locations or facilities;
or to any means you may use to access your account(s). It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitable claims.
“Disputes” include disagreements about the meaning, application or enforceability of this arbitration agreement. This arbitration agreement shall survive any termination of your account(s). YOU AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this arbitration agreement, you and the Bank retain the right
to pursue in small claims court any dispute that is within that court’s jurisdiction. If either you or the Bank fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration procedure; severability
You or the Bank may submit a dispute to binding arbitration at any time, regardless of
whether a lawsuit or other proceeding has been previously commenced.
NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive
laws applicable to the subject matter of the dispute. No arbitrator or other party to an
arbitration proceeding may disclose the existence, content or results thereof, except for
disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. The parties agree that in this relationship: (1) The parties are participating in transactions involving interstate commerce; (2) The arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) This agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and the Bank. If any of the provision of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
Rights preserved This arbitration agreement does not prohibit you or the Bank from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property;
exercise self-help remedies, including setoff rights; or obtain provisional or ancillary
remedies such as injunctive relief, attachment, garnishment or the appointment of a
receiver by a court of competent jurisdiction. All statutes of limitations applicable to any
dispute apply to any arbitration between you and the Bank. The provisions of this
arbitration agreement shall survive termination or amendment of the deposit relationship or any other relationship between you and the Bank.
Fees and expenses of arbitration Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. Please check with the arbitration administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your account limits the amount of fees and
expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration.Effective February 15, 2012
Important Change in Terms Notice
Dispute Resolution... more
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Dr. Lydia S. Glass is a divorce mediator and a licensed clinical psychologist and licensed Marriage, Family, and Child Therapist with a private practice in Pasadena, California. Dr. Glass works with adults and adolescents in individual psychotherapy, couples therapy, and family therapy.
http://www.lydiaglass.comDr. Lydia S. Glass is a divorce mediator and a licensed clinical psychologist and... more
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Mossy Toyota sells flood car, refuses to take it back, and takes the consumer into arbitration now in it's fourth year of litigation with no end in sight. Current assigned arbitrator has a 40-0 record against consumers.Mossy Toyota sells flood car, refuses to take it back, and takes the consumer into... more
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JPerz
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added this
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1 year ago
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An amendment that would prevent the government from working with contractors who deny victims of sexual assault the right to bring their case in court has survived attempts to dull its impact and seems poised to become law.
The Senate Committee on Appropriation passed, on Tuesday, a defense appropriations bill that included the "anti-rape" amendment introduced by Sen. Al Franken (D-Minn.). The legislation was intended to address and prevent a reoccurrence of the assault and rape that Jamie Leigh Jones, a defense contractor for the company KBR, alleged was committed by her fellow employees. But the amendment became a subject of debate after the Department of Defense, Republicans in the Senate, and even the committee chairman, Sen. Dan Inouye (D-Hawaii) raised concerns that it would leave contractors over exposed to lawsuits.
The final product, in the end, proved remarkably strong. According to a Franken aide, the substance of the language "is unchanged." Under the amendment the government would not be able to do business with companies that deny court hearings for victims of either assault, false imprisonment, intentional infliction of emotional distress or negligent hiring practice. The controversial Title VII provision, which would allow victims of assault to sue the employers of the alleged perpetrator and not just the perpetrator himself or herself, remains in the bill. Meanwhile, the threshold at which companies will be subjected to the legislation is set at those who have contracts totaling $1 million or more.
All told, the legislation would affect all major and many minor contractors, forcing them to choose between allowing litigation for their employees or forfeiting the hundreds of millions in dollars that are doled out annually in contracts by the federal government.
The Franken amendment includes a national security waiver, meaning that the Department of Defense could circumvent the law if it is deemed dangerous to U.S. safety. But, for that to happen, the Secretary of Defense would have to "personally explain why the waiver was used to Congress and at that point make it public," the Franken aide explained.
http://www.huffingtonpost.com/2009/12/16/frankens-anti-rape-amendm_n_394171.htmlAn amendment that would prevent the government from working with contractors who deny... more
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According to recent reports, a Chinese company just agreed to a $200 million settlement of a trade secret case in California. Associated Press has reported that a former Home Depot manager has been criminally accused of passing trade secret information. These issues are extremely serious and should be considered carefully by any company large or small.
http://information-security-resources.com/2009/11/30/trade-secrets-and-confidential-information/According to recent reports, a Chinese company just agreed to a $200 million... more
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30 members of the GOP opposed an amendment, earlier this month, to the 2010 Defense Appropriations bill, which would withhold defense contracts from companies, "if they restrict their employees from taking workplace sexual assault, battery and discrimination cases to court." Now -- as it turns out -- the Defense Department was also against the amendment.30 members of the GOP opposed an amendment, earlier this month, to the 2010 Defense... more
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It's time to end forced arbitration. Companies must stop taking advantage of Americans and must be held accountable.
Most Americans don't know that they are bound by forced arbitration. Buried in the fine print of employment, cell phone, credit card, retirement account, home building, and nursing home contracts are mandatory arbitration clauses. Just by taking a job or buying a product or service, individuals are forced to give up their right to go to court if they are harmed by a company. Because the private system of forced arbitration benefits companies - and disadvantages consumers and employees - more and more industries are using forced arbitration to evade accountability.
In arbitration, there is no judge, jury or right to an appeal. The arbitrators do not have to follow the law, and there is no public review of decisions to ensure the arbitrator got it right. Moreover, contracts typically name the arbitration that must be used – the one preferred by the company.
Forced arbitration frequently costs more than taking a case to court, and can cost thousands of dollars. Individuals often have to pay a large fee simply to initiate the arbitration process. Then in order to arbitrate, individuals sometimes have to travel thousands of miles on their own dime. In the end, the loser (usually the individual) often pays the company’s legal fees.
Forced arbitration strips our most basic rights and makes many employee and consumer protections unenforceable. The laws that protect us from discrimination based on age, sex, religion, race, disability, and unequal pay for equal work, such as the Civil Rights Act and the Equal Pay Act, become meaningless and unenforceable in arbitration. Employees lose important protections for blowing the whistle on waste or fraud or for fighting retaliation for taking the family medical leave, for example.
Consumers cannot sue for negligence, defective products or scams. Even if a retirement account disappears, a home is dangerous and defective, or a loved one suffers harm in a nursing home, a forced arbitration clause means there is no right to take the company responsible to court.
People who have been harmed by discrimination, negligence, defective products or scams should not be forced into arbitration: they should have a choice.It's time to end forced arbitration. Companies must stop taking advantage of... more
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Here another clip from The Onion (and yes, it's another fake news story)
In this clip, the "Attractive Girls Union" refuses to enter talks with Mike Greenman and you should check the video to see why (extra bit at the end...)Here another clip from The Onion (and yes, it's another fake news story)
In... more
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