arbitration provision for personal deposit accounts??
허걱 | 2013.04.06 | 조회 4919

오늘 갑자기 옛날에 계정만든 은행에서 (근데 아직 닫지는 않은) 메일이 날라와서 봤더니 important information이라고 하고

arbitration provision for personal deposit accounts라고 하는데요 법률용어인거 같아서 잘 모르겠어요.

read this: it will impact how legal claims you and we have against each other are resolved라고 되어있으니 무슨말인지는 모르겠지만 굉장히 무서워요...

문서는 꾀긴데 무슨말인지 모르겠어서 요약하기도 모하고 인터넷에 구글링 했더니 똑같은 문서가 있어서 긁긴했어요..

쫌 도와주세요, 은행가기전에 너무 무서워서 혹시 아시면 광고인지 알려주세요!!!

ARBITRATION PROVISION
READ THIS ARBITRATION PROVISION CAREFULLY: IT WILL IMPACT HOW LEGAL CLAIMS YOU AND
WE HAVE AGAINST EACH OTHER ARE RESOLVED. Under the terms of this Arbitration Provision, and except as
set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in
accordance with the terms specified herein, if you or we elect it.
YOUR RIGHT TO OPT OUT; EFFECT OF ARBITRATION.
This Arbitration Provision will apply to you and us and to your Account as of the date your Account was opened
(or, if you are an existing customer, as of the date of this Agreement), unless you opt out by providing proper and
timely notice as set forth below. If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court
or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3)
participate in a class action, private attorney general or other representative action in court or in arbitration; or
(4) join or consolidate a Claim with those of any other person.
This Arbitration Provision will survive the termination of this Agreement. See further details below.
Definitions
“We,” “Us” and “Our.” Solely as used in this Arbitration
Provision, the terms “we,” “us” and “our” also refer to (1)
our employees, officers, directors, parents, controlling
persons, subsidiaries, affiliates, predecessors, acquired
entities, successors and assigns; and (2) any failed bank
to the extent of the assets acquired by us or our affiliates.
“Account.” For purposes of this Arbitration Provision,
“Account” refers to your personal deposit account or
accounts with us and the features and services provided in
connection with it or them. Personal Deposit Accounts
include checking accounts, savings accounts, money
market deposit accounts, and certificates of deposit.
Certificates of deposit and money market deposit accounts
held in a retirement account are collectively an “Account.”
“Account” also refers, collectively and separately, to the
Spend, Reserve and Growth accounts in your Virtual
Wallet or Virtual Wallet with Performance Spend.
“Claim.” A “Claim” subject to arbitration is any demand,
cause of action, complaint, claim, asserted right, or
request for monetary or equitable relief, whether past,
present or future, and based upon any legal theory,
including contract, tort, consumer protection law, fraud,
statute, regulation, ordinance, or common law, which
arises out of or relates to this Agreement, your Account or
Accounts, the events leading up to your becoming an
Account holder (for example, advertisements or
promotions), any feature or service provided in connection
with your Account or Accounts, or any transaction
conducted with us related to any of your Accounts.
Notwithstanding the foregoing, the term “Claim” excludes:
(a) any dispute or controversy about the validity,
enforceability, coverage or scope of this Arbitration
Provision or any part thereof, including the Class Action
Waiver below (a court will decide such disputes or
controversies); and (b) any individual action brought by
either party in small claims court or your state’s equivalent
court, unless such action is transferred, removed or
appealed to a different court.
Arbitration Procedures
a. Agreement to Arbitrate Claims. Except if you opt
out as provided below, you and we may elect to
arbitrate any Claim.
b. Electing arbitration. If you or we elect to arbitrate a
Claim, the party electing arbitration must notify the
other party in writing (the “Notice”). Your Notice to us
shall be sent to PNC Bank, N.A., Legal Department,
One PNC Plaza (21st Floor), 249 Fifth Avenue,
Mailstop: P1-POPP-21-1, Pittsburgh, PA 15222, Attn:
Notice of Arbitration (the “Notice Address”). Our
Notice to you shall be sent to the most recent address
for you in our files. Any arbitration hearing that you
attend will take place in a venue in the county where
you reside unless you and we agree otherwise. If a
party files a lawsuit in court asserting a Claim and the
other party elects arbitration, such Notice may be
asserted in papers filed in the lawsuit (for example, a
motion by the defendant to compel arbitration of
Claims asserted by the plaintiff in a lawsuit filed in
court). In the event that a court grants a motion to
compel arbitration, either party may commence the
arbitration proceeding in accordance with the rules
and procedures of the arbitration administrator
specified in this section.
c. Arbitration costs. We will pay the filing,
administrative and/or arbitrator’s fees (“Arbitration
Fees”) that we are required to pay pursuant to the
administrator’s rules or the law. In addition, with
respect to Arbitration Fees that you are required to
pay under the administrator’s rules in connection with
an individual arbitration you have commenced against
us, (i) if the amount of your Claim does not exceed
$75,000 and we receive a written request by you at
the Notice Address, we will pay or reimburse you for
your payment of said Arbitration Fees; (ii) if the
amount of your Claim exceeds $75,000 and we
Page 14 of 28
receive a written request by you at the Notice
Address, we will consider paying said Arbitration Fees
if you are unable to pay them and cannot obtain a
waiver or reduction of them from the arbitration
administrator.
d. Arbitration administrator and rules. The party
electing arbitration must choose between one of two
administrators: (1) the American Arbitration
Association ("AAA"), or (2) JAMS. The administrator
chosen will apply its rules and/or codes of procedures
in effect at the time arbitration is elected. You may
obtain a copy of the rules/codes, and more
information about initiating an arbitration, by (1)
contacting AAA at 1-800-778-7879 or visiting
www.adr.org, or (2) contacting JAMS at 1-800-352-
5267 or visiting www.jamsadr.com. The arbitrator is
bound by the terms of this Agreement. If neither AAA
nor JAMS can serve, the parties may agree on
another administrator, or a court may appoint one.
e. What law the arbitrator will apply. The arbitrator will
not be bound by judicial rules of procedure and
evidence that would apply in a court, or by state or
local laws that relate to arbitration proceedings.
However, the arbitrator will apply the same statutes of
limitation and privileges that a court would apply if the
matter were pending in court. In determining liability
or awarding damages or other relief, the arbitrator will
follow the applicable substantive law, consistent with
the Federal Arbitration Act (FAA), that would apply if
the matter had been brought in court.
f. The arbitrator’s decision and award; attorney
fees. At the timely request of either party, the
arbitrator shall provide a brief written explanation of
the grounds for the decision. The arbitrator may
award any damages or other relief or remedies that
would apply under applicable law, as limited in
Section (e.) above, to an individual action brought in
court. In addition, with respect to claims asserted by
you in an individual arbitration, we will pay your
reasonable attorney, witness and expert fees and
costs if and to the extent you prevail, or if applicable
law requires us to do so.
g. Effect of arbitration Award; appeal. The arbitrator’s
award shall be final and binding on all parties, except
for any right of appeal provided by the Federal
Arbitration Act.
Federal Arbitration Act
This Agreement evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs
the interpretation and enforcement of this Arbitration
Provision.
CLASS ACTION WAIVER
If either you or we elect to arbitrate a Claim, neither
you nor we will have the right: (a) to participate in a
class action, private attorney general action or other
representative action in court or in arbitration, either
as a class representative or class member; or (b) to
join or consolidate Claims with claims of any other
persons. No arbitrator shall have authority to conduct
any arbitration in violation of this provision or to issue
any relief that applies to any person or entity other
than you and/or us individually. The parties
acknowledge that the Class Action Waiver is material
and essential to the arbitration of any Claims and is
non-severable from this Arbitration Provision. If the
Class Action Waiver is voided, found unenforceable,
or limited with respect to any Claim for which you
seek class-wide relief, then the parties’ Arbitration
Provision (except for this sentence) shall be null and
void with respect to such Claim, subject to the right to
appeal the limitation or invalidation of the Class
Action Waiver. However, the Arbitration Provision
shall remain valid with respect to all other Claims. The
parties acknowledge and agree that under no
circumstances will a class action be arbitrated.
Conflicts; Severability; Survival
This Arbitration Provision is intended to be broadly
interpreted. In the event of a conflict between the
provisions of this Arbitration Provision and the AAA or
JAMS rules, or any other terms of the Agreement, the
provisions of this Arbitration Provision shall control. If any
part of this Arbitration Provision is deemed or found to be
unenforceable for any reason, the remainder shall be
enforceable, except as provided by the Class Action
Waiver. This Arbitration Provision shall survive (1) the
closing of your Account and the termination of any
relationship between us, including the termination of the
Agreement, and (2) survive any bankruptcy to the extent
consistent with applicable bankruptcy law.
RIGHT TO OPT OUT
You may opt out of this Arbitration Provision by
calling us toll free at 1-855-762-2432, or by sending us
a written notice which includes your name(s), Account
number, and a statement that you (both or all of you, if
more than one) do not wish to be governed by the
Arbitration Provision in your Account Agreement (the
“Opt Out Notice”). To be effective, your written Opt
Out Notice must be (1) sent to us by first class mail or
certified mail, return receipt requested, at PNC Bank,
Attn: Arbitration Opt Out, P.O. Box 535229, Pittsburgh,
PA 15253-5229, and (2) signed by you (or both of you,
if more than one) including the information set forth
above. We must receive your telephone call or written
notice within forty-five (45) days after either (i) the
date of the mailing to you of this Arbitration Provision
or (ii) the day you open your Account, whichever is
later. Your decision to opt out will not affect any other

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