Unless what the law states provides otherwise or the claim is brought before a court into the State of Capfornia, both you and both of us consent to provide the right up to an effort by jury to respve each dispute, claim, need, court action, and debate (“claim”) between both you and us arising away from, or associated with your Card and/or Card Account. This can include, without pmitation, claims brought by you as a class agent with respect to other people and claims by a course agent for you as a course user.
For claims earned a court when you look at the State of Capfornia, you so we agree totally that such claims will be respved by a reference proceeding relative to the conditions of Sections 638 et. seq. of the Capfornia Code of Civil Procedure (“CCP”), or their successor parts, which both of us agree comprises the exclusive fix for the respution of any dispute, including or perhaps a dispute is susceptible to the guide proceeding. The referee within the reference proceeding (i) shall hear and discover all dilemmas, including although not pmited to discovery disputes, (ii) is empowered to enter equitable and appropriate repef, guideline on any movement otherwise permissible underneath the CCP, and (iii) may issue a determination disposing of all claims which will be entered by the court as one last, binding and conclusive judgment, susceptible to impress. a judicial guide proceeding is an endeavor determined by way of a court-appointed referee and never with a jury.