This Arbitration Agreement significantly affects your rights in any dispute with us. Please read this Arbitration Agreement carefully before agree to it.
EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.
IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL.
IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MY HAVE AGAINST US.
THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT.
OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
IF A CLAIM IS WITHIN THE JURISDICTION OF A SMALL CLAIMS COURT, EITHER PARTY MAY CHOOSE TO TAKE THE CLAIM TO THAT COURT INSTEAD OF ARBITRATION. ANY DISPUTE THAT CANNOT BE ADJUDICATED WITHIN THE JURISDICTION OF A SMALL CLAIMS TRIBUNAL SHALL BE RESOLVED BY BINDING ARBITRATION AS DESCRIBED IN AND IN ACCORDANCE WITH, THE TERMS OF THIS AGREEMENT. ANY APPEAL OF A JUDGEMENT FROM A SMALL CLAIMS TRIBUNAL SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE TERMS OF THIS AGREEMENT.
In this Arbitration Agreement, “you” and “your” refer to the applicant(s) signing below, and “we,’ “us” and “our” refer to the Seller/Lessor signing below.
Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or employees, agents, successors or assigns, which arises out of or relates in any manner to the declination of financing, purchase, financing, or lease of your vehicle or any resulting transaction or relationship (including any such relationship with third parties who do not sign this Arbitration Agreement, such as an assignee of the Credit Application, Contract, or Lease Agreement) shall, at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. This is called the “class action waiver.”
You may choose the applicable rules of the American Arbitration Association (“AAA”), JAMS, or another arbitration organization, subject to our approval. We waive the right to require you to arbitrate an individual claim if the amount you seek to recover qualifies as a small claim under applicable law. You may obtain a copy of the rules of the AAA by visiting its website ( www.adr.org) of of JAMS by visiting its website ( www.jamsadr.com). You can also refer to the websites to learn how to file for arbitration.
The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules of the chosen arbitration organization. The arbitrator shall apply substantive governing law and the applicable statute of limitations. The arbitration award shall be in writing. The arbitration hearing shall be conducted in the federal district in which you reside, or such other place convenient to you as required by the rules of the chosen arbitration organization. If you demand arbitration first, you will pay the filing fee if the chosen arbitration organization requires it. We will advance and/or pay any other fees and costs required by the rules of the chosen arbitration organization.
The arbitrator’s award shall be final and binding on all parties. There shall be a limited right to appeal to the extent allowed by the Federal Arbitration Act. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous.
This Arbitration Agreement relates to an agreement that evidences a transaction involving interstate commerce. Any arbitration under this Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. Seq.).
Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any part of this Arbitration Agreement other than the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder shall be enforceable. If the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder of this Arbitration Agreement shall be unenforceable. This Arbitration Agreement shall survive the termination of any contractual agreement between you and us, whether by default or repayment in full.
You must agree to this Arbitration Agreement in order to proceed with the Credit Application, Sale, Installment Sale, or Lease.