15. Administrative Fees; Transfer Fees There is a fee to enroll in the PLAN. A properly executed authorization for ETF is required to enroll in the PLAN. Customer understands that payment of a portion of enrollment service charge may be deferred. If Customer cancels his/her enrollment in the PLAN before Customer has paid the Service Charge in full, Customer authorizes the Administrator to initiate an ETF or transfers, to collect the unpaid balance of the Service Charge. The Service Charge is non-refundable unless the Lender refuses to honor the authorization for ETFs from my account. THIS IS THE ONLY CIRCUMSTANCE UNDER WHICH A SERVICE CHARGE IS REFUNDABLE. A $50 cancellation fee will be assessed if Customer cancels his/her enrollment in the PLAN for any reason. A transfer fee will be imposed by the Administrator for each electronic transfer from Customer’s account. This fee is currently $1.95. Customer authorizes the Administrator to increase that fee by a reasonable amount in the future upon 30 days notice to Customer. TRANSFER FEES ARE NOT REFUNDABLE.
16. Cooperation from Bank If Customer’s bank is unwilling or unable to accept the Administrator’s request for an EFT from Customer’s account, Customer may (a) designate another bank that will honor the funds transfer request, or (b) request a refund of my Service Charge, thereby canceling this Agreement. (Service Charges paid by check will not be refunded until the check has cleared
17. Termination and Reinstatement Customer may terminate this Agreement upon thirty (30) days written notification to the Administrator. The Administrator may terminate this Agreement immediately, without any refund of any fees paid, in the event a debit transfer from Customer’s Bank Account cannot be made due to insufficient funds, the closing of account or any other reason caused by Customer which impairs or prevents the automatic transfer of funds as required by this Agreement. The Administrator may reinstate the program upon written request by Customer at its sole discretion. If this Agreement is terminated by either Party for any reason, all service charges, enrollment, transfer or other fees paid by Customer will be considered non-refundable and fully earned by the Administrator.
18. Governing Law and Forum. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of New York; provided, however, that any and all disputes hereunder shall be decided exclusively by arbitration in Saratoga County, New York. ALL litigation shall be conducted in Saratoga County, New York courts.
19. General Provisions (a) No modification hereof shall be binding upon either Party unless the modification is in writing and signed by a duly authorized representative of both Parties. The Administrator’s failure to insist, in any one or more instances, upon performance hereunder, or to exercise any right hereunder, is not a waiver of the future performance of any term, covenant or condition or the future exercise of such rights; (b) if any provision of this Agreement is unenforceable, such unenforceability shall not affect the remainder of this Agreement unless a failure of consideration would thereby result; (c) this Agreement shall be binding upon and, except as otherwise provided herein, shall endure to the benefit of the Parties hereto and their respective successors and assigns; (d) the rights and remedies granted herein are in addition to those otherwise available in equity; (e) the terms and conditions of this Agreement and of any payments made pursuant hereto are performable in Saratoga Springs,New York. 20. Arbitration; Waiver of Lawsuits and Class Actions.
20. Arbitration; Waiver of Lawsuits and Class Actions Any and all disputes, controversies, or claims (“Claims”) between the Parties (and any of the Administrator’s parents, affiliates, successors and assigns, or its or their officers, directors, employees, agents and contractors) arising out of or relating in any way to the PLAN or this Agreement shall be resolved by final and binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the “AAA Rules” Any arbitration proceeding will consider only Customer’s Claims and not Claims of others. The Customer will not join with others to bring Claims within a single arbitration proceeding. Customer will not elect to arbitrate an individual claim that Customer can bring against the Administrator in small claims court (or the equivalent of small claims court, if any); however, if the Small Claim is transferred or appealed to a different court, the Administrator may elect arbitration. This Agreement is made pursuant to a transaction in interstate commerce and any arbitration under this Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), the terms of this Agreement and the AAA rules. New York law, except those concerning arbitration and choice of law, shall govern all substantive matters regarding this Agreement. Arbitration will be conducted by a single arbitrator in the federal judicial district where Administrator resides. The arbitrator is directed to render an award within 30 days of the final hearing. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA and except for Claims involving more than $100,000 (“Large Claims” For Large Claims, either Party may appeal the award to a three arbitrator panel appointed by the AAA. Any court with jurisdiction may enter judgment on an arbitration award. Arbitration proceedings will be confidential. Neither of us will disclose or permit disclosure of any information about the evidence or documents in the arbitration or the contents of the award without the prior written consent of the other, except as required by law. If it is determined that one or more terms of this Agreement are unenforceable, the enforceability of the other provisions will not be affected. Information about the arbitration rules and fee schedules for arbitration can be obtained by writing to the American Arbitration Association at 335 Madison Avenue, New York, New York, or by calling 800-778-7879 or on the internet at http://www.adr.org/.
NOTICE; READ THIS CAREFULLY – IT AFFECTS CUSTOMER’S LEGAL RIGHTS: BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP THE RIGHT TO PURSUE LAWSUITS AGAINST THE ADMINISTRATOR EXCEPT IN SMALL CLAIMS COURT. CUSTOMER’S ABILITY TO OBTAIN INFORMATION IS MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT CUSTOMER WOULD HAVE IN A LAWSUIT MAY ALSO NOT BE AVAILABLE TO CUSTOMER IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. BY GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CUSTOMER AGREES THAT ANY CLAIMS CUSTOMER HAS AGAINST THE ADMINISTRATOR WILL INVOLVE ONLY THE PARTIES TO THE AGREEMENT BUT NOT OTHERS, EVEN IF OTHERS HAVE DISPUTES OR CLAIMS SIMILAR TO CUSTOMER’S CLAIMS. CUSTOMER MAY NOT ACT AS A PRIVATE ATTORNEY GENERAL, IN COURT OR IN AN ARBITRATION. CLAIMS BROUGHT BY OR AGAINST ANY CO-BORROWER, LENDER OR CUSTOMER MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. THESE RESTRICTIONS ALSO APPLY TO CUSTOMER. BY SIGNING THIS AGREEMENT, CUSTOMER IS GIVING UP IMPORTANT LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN THE PARTIES. IF CUSTOMER DOES NOT UNDERSTAND THIS PARAGRAPH OR THE RIGHTS CUSTOMER IS SURRENDERING, CUSTOMER WILL OBTAIN LEGAL ADVICE BEFORE SIGNING THIS AGREEMENT.
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