Unless both you and Simpler Trading agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
ETRADE PRO ELITE HOW TO GET FOR FREE TRIAL
You acknowledge and agree that you and Simper Trading are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, representative, or consolidated action or proceeding. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. You and Simpler Trading agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.
Mandatory Binding Arbitrationīy agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Services or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below. Mandatory Binding Individual Arbitration Agreement and Class Action Waiver A. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION I BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND SIMPLER TRADING, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. If these Terms are considered an offer, acceptance is expressly limited to these Terms. If you do not agree to these Terms, then you may not access or use the Services. By accessing, using, or purchasing through the Services, you agree to be bound by all Terms, including any additional terms and policies posted on the Site. Please read these Terms and Conditions (“Terms”) carefully before accessing or using our website (the “Site”) and any other applications, content, products, and services (collectively, the “Services”) made available by Simpler Trading LLC or its representatives, affiliates, officers, and directors (collectively, “Simpler Trading,” “we”, or “us”).
Mandatory Binding Individual Arbitration Agreement and Class Action Waiver
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