ordinance, tort, fraud, consumer rights, misrepresentation, equity or any other
legal theory; initial claims, counterclaims, cross-claims and third-party claims;
federal, state and local claims; and claims which arose before the date of your
application for an Account, including, but not limited to, any dispute or claim
arising before the date you opened an Account or accepted this Agreement.
The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this
Arbitration Provision. There is no judge or jury in arbitration and court review of
an arbitration award is limited, but an arbitrator can award an individual the same
damages and relief as a court in an individual case and must apply and follow
applicable substantive law, consistent with the FAA, and the terms of this
Agreement, the ONE Terms of Service and any agreement governing a product
or service provided by ONE. The arbitrator shall apply applicable statutes of
limitations and honor privilege rules. As in court, the arbitrator can impose
sanctions on any represented party or counsel permitted under AAA Rules,
Federal Rule of Civil Procedure 11(b), or other applicable federal or state law.
Any judgment on the award rendered by the arbitrator will be final and may be
entered in any court of competent jurisdiction. No arbitration award involving the
parties will have any preclusive effect as to issues or claims in any dispute
involving anyone who is not a party to the arbitration, nor will an arbitration award
in prior disputes involving other parties have preclusive effect in an arbitration
between the parties to this Arbitration Provision.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY
JURY.
Either you or a Transaction Party can initiate arbitration. Regardless of who
elected arbitration or how arbitration was elected (such as by filing a motion to
compel arbitration in court), the party asserting the claim (i.e., the party seeking
money damages or other relief from a court or an arbitrator) is responsible for
starting the arbitration proceeding, as well as completing the procedures set forth
in paragraph 15.i. If the AAA cannot or will not administer the arbitration in
accordance with this Arbitration Provision, another administrator will be selected
by agreement of the parties or, if there is no agreement, by a court with
jurisdiction. Any arbitration administered by the AAA will be governed by the
Consumer Rules in effect on the date the arbitration is filed, and the AAA’s
Procedures for the Resolution of Disputes through Document Submission
(“Document Submission Procedures”). (For more information about the AAA
and its rules, you may contact the AAA at American Arbitration Association, 120
Broadway, Floor 21, New York, N.Y 10271, 1-800-778-7879, www.adr.org). The
Document Submission Procedures are included in the Consumer Rules. Your
arbitration filing fees will be governed by the Consumer Rules. If it is determined
by the arbitrator that you cannot afford such fees and AAA does not waive them
(after you have submitted any necessary information to request waiver), a