THREAD CARDHOLDER AGREEMENT

This Cardholder Agreement (this “Agreement”) explains the terms and conditions of your Account. By opening an Account or using your Card or allowing someone else to use your Card, you agree to the terms of this Agreement. Please keep a copy of this Agreement for your records. Interest Rates and Interest Charges: We will not […]

May 27, 2024


This Cardholder Agreement (this “Agreement”) explains the terms and conditions of your Account. By opening an Account or using your Card or allowing someone else to use your Card, you agree to the terms of this Agreement. Please keep a copy of this Agreement for your records.

Interest Rates and Interest Charges: We will not assess any interest on any Card Account balance.

A. INTRODUCTION

Float Financial Solutions US Inc. (“Float” or “Platform”) is providing this Agreement to Cardholder
(“Cardholder,” “you,” and “your”) on behalf of Thread Bank (“Bank,” “we,” “us,” and “our,” including our successors, affiliates, and assignees), a member of the Federal Deposit Insurance Corporation (“FDIC”).
The Agreement is an agreement between you and us governing the use of your Card and Account (as defined below) issued by us. We are the provider of the Card and Account. The words “you” and “your” refer to the legal entity whose Authorized Representative agrees to be bound by this Agreement.


Access to your Account and the services under this Agreement are available only through Platform’s website
and/or phone application (collectively, the “Platform App”). Platform is responsible for making the Platform App
available to you. You should review your agreement with Platform for a complete list of services available. For a
list of the services enabled and made available to you by the Platform, please visit the Platform App. Access to
your Account and the services offered under this Agreement shall be accessed through the Platform App unless
we notify you otherwise. YOU UNDERSTAND THAT BY OPENING AN ACCOUNT THROUGH THE PLATFORM
APP, YOU AUTHORIZE BANK TO ACCEPT ALL INSTRUCTIONS PROVIDED TO BANK BY PLATFORM ON
YOUR BEHALF.

Before opening an Account, in order to comply with federal laws and to manage your account (as defined below),
you are required to provide us your business entity name, valid U.S. principal and local address (if different), date
of establishment, employer identification number, valid email address, your phone number(s), and other
information that we request in our sole discretion that will help us to identify you. You must provide the information we request in this regard, which may include organization documents for your business (such as copies of your articles of incorporation and copies of the bylaws or operating agreement), a certificate of good standing, and business resolutions, as well as a certification regarding beneficial owners and control persons of your business. Those individuals may be required to provide additional information or identifying documents that we request, such as Social Security Number (SSN) or other government-issued identification number, date of birth, driver’s license, passport, or other identifying documents. You must tell us when this information changes. We may ask you for additional documents to verify any changes. We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested. The account cannot be owned or titled jointly. You are responsible for use of the Account by others as set forth in this Agreement.

B. DEFINITIONS

Capitalized terms not otherwise defined in this Agreement have the following meanings:

  • “Account” means your Card account with us.
  • “Bank” means Thread Bank, the issuing bank of the Card.
  • “Billing Cycle” means the time interval covered by a billing statement, which is approximately thirty days.
  • “Business Days” means Monday through Friday, excluding Federal Reserve Bank holidays.
  • “Card” means the credit card issued to you by us.
  • “Minimum Payment Due” has the meaning set forth in the section of the Agreement entitled “Minimum Payment Due.”
  • “Purchase” means the use of your Account to purchase or lease goods or services at participating merchants.
  • “Transaction Date” means the date shown on your billing statement for a transaction.
  • “We,” “us” and “our” refer to the Bank.
  • “You,” “your” or “yours” refer to the Cardholder and any other person(s) who are also contractually liable under this Agreement.

C. USING YOUR ACCOUNT

Permitted Use. You agree to use your Account in accordance with this Cardmember Agreement and applicable law. You agree to use your Account for lawful transactions only. You must not use, or try to use, the Account for any illegal activity. You may use your Account only for business or commercial purposes, and not for any personal, family, or household purposes. Your Card can be used to buy or lease goods or services wherever the Card is honored. You may be able to establish recurring periodic billing arrangements with merchants. In that regard, it is your responsibility to ensure such merchants are provided with current Card information. If your Account information changes, such as a change in Card number or Card expiration date, you consent to our providing such new Card information, in our discretion, to any or all such merchants, but we are not obligated to do so. If your Account is closed or your Account or Card privileges are suspended or terminated, you understand that you may need to contact the applicable merchant(s) to ensure that automatic payments stop. Each Cardholder must sign the Card when it is received, and you must return the Card to us or destroy it if we ask you to. “Cardholder” means you or a natural person, including your employee, to whom we issue a Card under this Agreement. You may not use your Card Account for balance transfers.

Credit Authorizations. We do not guarantee approval of transactions. We may not authorize a transaction for security or other reasons, such as Account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card,  or Account number.

Purchases. You may use your Account to make Purchases by presenting your Card or providing your Card number and additional information (for example, in online or telephone transactions) to participating merchants and establishments that honor the Card. We will not be liable to you (or anyone else) if any ATM, merchant or other person cannot or will not process a Purchase transaction permitted under this Agreement. Unless prohibited by applicable law, we may from time to time limit the type, number and dollar amount of any transaction, even if you have sufficient available credit to complete the transaction and may terminate or suspend your use of the Card or the Account, with or without notice to you before or at the time we take such action.

Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total amount of the transactions made, plus all interest, fees and other amounts that you may owe us. We may limit or close your Account, but the terms of this Agreement will apply until you pay the Account in full.

Revocation of Contingent Agreements: Concurrent with this Agreement, you have signed both a Pre-Authorized Debit Agreement and a Security Agreement with Float Financial Solutions U.S. Inc. While both the Pre-Authorized Debit Agreement and the Security Agreement exists between you and Float (and not you and Thread), in the event that you revoke either the Pre-Authorized Debit Agreement or the Security Agreement with Float, we may opt to close your Account with us, at the direction of Float if you do so.

Card Activation. You must activate your Card prior to use. You can activate it by accessing Float. If you need to replace your Card for any reason, please deactivate the Card by notifying us 1 (833) 944 3175, or by emailing Float at support@floatcard.com

Expiration Date. The expiration date of each Card is identified on the back of the Card. Each Cardholder agrees to sign the back of the Card immediately upon receipt. Each Card is our property and must be surrendered to us or discarded upon demand. Each Card is non-transferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms of this Agreement.  

Virtual Card. You may have the option of accessing your Card Account with, in addition to your physical card, a virtual card represented by a 16-digit account number (“Virtual Card”). The Virtual Card may either be single-use, meaning the 16-digit account number will expire after a single transaction, or recurring-use, meaning you may use your 16-digit Account number for multiple transactions. You may not use your Virtual Card to obtain cash anywhere. 

Transactions Made in Foreign Currencies. If you make a purchase in a currency other than dollars, the amount of the charge to your Card Account will be converted by Mastercard International Incorporated into dollars. The currency conversion rate between the transaction currency and the billing currency used for processing international transactions is either a rate selected by Mastercard International Incorporated from the range of rates available in wholesale currency markets for the applicable processing date, which may vary from the rate Mastercard International Incorporated itself receives, or the government-mandated rate, where applicable in effect for the applicable processing date. 

Card Not Present Transactions. If you use the 16-digit Card number without presenting the Card in person (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if you had physically presented the Card itself. For security reasons, we may limit the amount or number of such transactions you may make.  

Processing Errors. We will rectify any processing error that we discover. If the error results in a charge of more than the correct amount, we will credit the Card Account for the difference. If the error results in a charge of less than the correct amount, we will charge the difference to the Card Account.  

Card on File. If you keep your Card on file with a merchant or payee with authorization to bill that Card for recurring payments, or to make future purchases or payments, you may need to notify each merchant of your updated Card information, such as a new Card number or expiration date, to ensure payments are uninterrupted. 

Receipts. You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.   

Digital Wallets. You can add your Card to a digital wallet by following the instructions of the digital wallet. The digital wallet may not be accepted in all places where your Card is accepted. We may terminate the ability for you to add the Card to a digital wallet at any time. You should contact the digital wallet provider to remove a Card from the digital wallet. We can end or suspend your ability to use a Card with the digital wallet at any time. You are solely responsible for maintaining the security of your digital wallet credentials (including user identification, password or other access credentials). If you share these credentials with any other person, you expressly authorize that person to have access to your personal information, to access your Card Account and to initiate charges to your Card Account using the digital wallet service. We currently do not impose a fee for using your Card with a digital wallet, but we reserve the right to impose a fee in the future. Please note that a digital wallet provider or another third party enabling or associated with your use of a digital wallet may charge a fee for using your Card with such digital wallet service. We are not a provider of any digital wallet service that you may choose to use, and we are not responsible for providing the digital wallet service to you. We are only responsible for supplying information securely to the digital wallet provider to enable usage of the Card in such digital wallet. We are not responsible for any failure of the digital wallet or the inability to use the digital wallet for any transaction. We are not responsible for the performance or non-performance of the digital wallet provider or any other third parties regarding any agreement you enter into with the digital wallet provider or associated third-party relationships that may impact your use of the digital wallet. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF A DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK, AND WE ARE NOT RESPONSIBLE FOR THE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY. You agree that we may exchange your information with your digital wallet provider, a payment network (e.g., Visa and Mastercard), and others in order to enable your use of a digital wallet service, make information available to you about your Card transactions, and improve our ability to offer our services in connection with a digital wallet service. We do not control how digital wallet providers or other third parties use the information received in connection with digital wallet services, and the use of such information is governed by such party’s privacy policy. We are not responsible for the security of the information provided to any digital wallet provider or stored in a digital wallet. We are not responsible if a security breach occurs that affects any information stored in, or sent from, a digital wallet.  

D. AVAILABLE CREDIT ON YOUR CARD

Available Credit on Account. The “available credit” on your Account is the amount of credit that is available for you to make transactions at any given time. The available credit on your Account at any given time is equal to the “available balance” in an external, Float Visa Prepaid Card less your Card Account Balance. Specific terms related to the Float Visa Prepaid Card can be found www.floatcard.com/legal. There is no privity of contract between you or us regarding the Float Visa Prepaid Card, and the Float Visa Prepaid Card and its related terms exist as a separate contract between you and People’s Trust Company, as presented by Float. Information regarding available funds (and hence available credit) is viewable on the Platform App.

Account Balance. Your purchases decrease your available credit. Your Account Balance reflects the full amount of purchases that we have authorized to be debited to your Card Account. It does not reflect transactions that you have authorized with a third party but have not yet been submitted to us. We may charge to your Account Balance the amount any merchant holds on the Card that we have authorized and any other holds, such as to comply with legal processes. Pending transactions and holds also may cause your Account Balance to exceed your available credit during the time the transaction is pending or a hold is in effect when other transactions may be charged to your Account. An authorization hold is not payment for an authorized transaction. The transaction is subsequently processed by the merchant and submitted to us for payment. The release of the hold will be in the form of a credit to your Account for the amount of the original hold, and any payment submitted to us for payment by the merchant will be debited to your Account. We also may debit or credit your Account Balance in the amount of any necessary adjustment due to a chargeback or error or for any other reason.

Deposit Account Holds. When you make a transaction on the Account, the Platform will place an equivalent amount of funds in the Float Visa Prepaid Card on hold and classified as “Spent Money.” The Spent Money will remain on your Float Visa Prepaid Card, but is placed on hold (by Float and not us). You agree not to use your Account in any way that would cause the Account Balance to exceed the available balance in the Float Visa Prepaid Card.

Posting Available Credit. You can use the Platform App to view the amount of your available credit at any time on your Account. You are responsible for keeping track of your Account Balance and available credit. 

E. MAKING PAYMENTS

Minimum Payment Due. You must pay the full Account balance on the Periodic statement each month in U.S. Dollars. You have the option however, to pay the Account balance in full on a more frequent basis without penalty.

Payment Instructions. You must pay the full Account balance each month in U.S. Dollars. Please do not send cash, checks or money orders. You or the Platform on your behalf may only make electronic payments using either a U.S. bank account or debit card. We may refuse to accept a payment in a foreign currency. If we do accept it, we may charge your Account our cost to convert it to U.S. dollars. We can accept late payments, partial payments or payments marked “payment in full” or with any other restrictive endorsement without losing any of our rights under this Agreement. We credit your payments in accordance with the terms contained on your billing statement. If a third party makes a payment on your Account and we return all or a part of such payment, then we may adjust your Account for any amount returned. We reserve the right to defend ourselves against any demand to return funds we have received, and may agree to a compromise of the demanded amount as part of a settlement.

F. DEFAULT AND REMEDIES

Events of Default. We may declare you to be in default under this Agreement if any of the following events occur: (i) you do not pay the Account balance when it is due; (ii) any payment you make is returned, rejected, not paid, or cannot be processed, and you have otherwise failed to pay the Account balance when it is due; (iii) you file or become the subject of a bankruptcy or insolvency proceeding; (iv) we determine that you made a false, incomplete or misleading statement to us, or you tried to defraud us; (v) you revoke your consent under the “Consent to Electronic Signatures, Communications, and Statements” agreement to receive Communications electronically; (vi) you fail to comply with the terms of this Agreement or any other agreement with us or an affiliate, including failing to make a required payment when due, exceeding your Account credit line or using your Card or Account for an illegal transaction. (vii) we believe in good faith that your ability to pay or perform the obligations under this Agreement has been materially impaired; (viii) significant change occurs in your ownership, organizational structure, or type or volume of business; (ix) you are in default of any other credit, loan, leasing or similar agreement for the extension of credit you have with us or any of our subsidiaries or affiliates; or (x) you violate applicable law in connection with the Card Account.

Consequences of Default. If you are in default, we may take any or all of the following actions, and any other actions we have a right to take under applicable law, against you in accordance with applicable law, without notifying you, unless applicable law says that we must give you notice: (i) close or suspend your Card(s) and Card Account; (ii) reduce your available credit; (iii) demand that you immediately pay the Account Balance; (iv) declare you to be in default under any other agreement you have with us and exercise our remedies under that other agreement; or (v) file a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees except to the extent applicable law does not allow us to collect these amounts from you.

G. LIABILITY; AUTHORIZED AND UNAUTHORIZED USE

Except as otherwise provided herein, to the fullest extent permitted by law, you are liable for all amounts due under this Cardmember Agreement regardless of who receives the benefit associated with such amounts due. 

Unauthorized Use. You may be liable for the unauthorized use of your Card, or Card Account, that occurs prior to you notifying us of such use. Your liability for such unauthorized use that occurs prior to you notifying us will not exceed the lesser of $50.00 or the amount of money, property, labor or services obtained by the unauthorized use. You will not be liable for unauthorized use that occurs after we receive your notification, either by phone or in writing using our contact information set forth in the General Terms below or by contacting us electronically using Float, and we have had a reasonable opportunity to act on such notice.  

You agree to provide us your assistance to investigate why any unauthorized use occurred, to respond to our reasonable request for information related to the unauthorized use, to provide us documents in a form we request (including an affidavit), and to correct the problem. In the case of any unauthorized transaction claimed by you, you give us all of your rights against others regarding that transaction. You will also: (i) give us any information about the disputed transaction, if we ask; (ii) not pursue any claim with respect to the transaction amount from the merchant or any other person; and (iii) help us pursue liability from others. You must identify for us the charges on the Card Account that were not made by you or someone authorized by you and for which you received no benefit. 

Mastercard Zero Liability. Under Mastercard Zero Liability Protection, you will not be held responsible for unauthorized transactions if you have used reasonable care in protecting your Card from loss or theft, and you promptly report the loss or theft to us. Mastercard Zero Liability applies to purchases made in store, over the telephone, online or via a mobile device. Mastercard Zero Liability does not apply to certain Mastercard payment cards that are used for commercial purposes. 

Authorized Use. You are responsible for all authorized transactions initiated with use of the Card or Card Account. You agree that unauthorized use does not include use by a person to whom you have given authority to use the Card or Card Account or any transaction from which you received a benefit. You agree that you will be liable for all use by such a person until you notify us that such authority to use the Card or Card Account is no longer authorized and we have had a reasonable opportunity to act on that notice. We will replace your Card and Card Account subject to your payment of a replacement fee specified in this Cardmember Agreement.  

Card Access. You understand that you are solely responsible for protecting access to, and use of, your Card and Card Account, including if your mobile phone or other electronic device can function as a Card or otherwise store or display your Card or Card Account information, including in a digital wallet. You must take reasonable steps to prevent the unauthorized use of your Card. CONTACT US IMMEDIATELY IF YOU BELIEVE YOUR CARD OR CARD ACCOUNT HAS BEEN LOST, STOLEN, ACCESSED, OR USED BY ANY UNAUTHORIZED PERSON. You may ask us to lock any Card, and we may take other actions we deem necessary to protect the security of your Card Account on our systems. Locking a Card may not prevent all unauthorized transactions and will not prevent transactions that have already been initiated. If your Card is lost or stolen or if you think someone else may be using your Card or Card Account without your permission, notify Float immediately. We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason. We may decline to authorize a transaction for any reason without liability to you. We are not responsible for any losses you incur if we do not authorize a transaction. We are not liable for any losses that may result when our Card and Card Account services are unavailable due to reasons beyond our control. In no event shall we be obligated to reissue a lost or stolen card.  

Merchant Goods and Services. We are not responsible for the delivery, quality, safety, legality, or any other aspect of the goods and services you purchase from merchants with the Card. Merchants have no authority to make representations or warranties on our behalf, to bind us or to enter into any agreement on our behalf. Except as otherwise permitted by applicable law, all disputes concerning those matters should be addressed to the merchants from whom the goods and services were purchased. 

Disclaimer of Warranty. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

H. OTHER IMPORTANT INFORMATION

Collection Costs. If we use an attorney to collect your Account, we may charge you our legal costs except as prohibited by law. These include reasonable attorneys’ fees, court or other collection costs, and fees and costs of any appeal.

Automatic Updates With Third Parties. You may set up automatic billing, or store your Card information, with a merchant, wallet provider, or other third party. If your Card information changes, which may include billing address, you authorize us to provide this updated information to any such merchant, wallet provider, or other third party at our discretion. You must contact the merchant, wallet provider, or other third party directly, or remove your Card information from the merchant site, wallet provider, or third party, if you wish to stop such automatic billing or updates with third parties.

Cancellation of Your Account. You may cancel your Account. You will remain responsible for any amount you owe us under this Agreement. We may cancel, suspend or not renew your Account at any time without notice.

Governing Law. Except as provided in the “ARBITRATION” section, this Agreement is governed by applicable federal law and by Tennessee law, without regard to its choice-of-law rules. 

Severability. If any part of this Agreement is found to be invalid, the rest of it will still remain in effect. However, if the waiver of class actions in the “ARBITRATION” section is invalidated in any proceeding in which you and we are involved, then the entire “ARBITRATION” section will be void with respect to that proceeding.

Enforcing this Agreement. We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.

Assignment of Account. We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent.


ARBITRATION

This Arbitration Agreement is part of your Cardholder Agreement. 

Arbitration. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IN THIS ARBITRATION AGREEMENT, “WE,” “OUR” AND “US” REFER TO BANK AND PLATFORM. THIS ARBITRATION PROVISION PROVIDES FOR MANDATORY ARBITRATION OF CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW. 

Agreement to Arbitrate. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Cardholder Agreement; ii) the Card, Account, or our services; iii) your use of the Card, Account, or our services; iv) the amount of credit available on the Card Account; v) advertisements, promotions or oral or written statements related to the Card, Account, or our services; vi) the benefits related to the Card, Account, or our services; or vii) transactions made using the Card, Account, or our services, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).  The arbitration shall occur in Tennessee. 

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. 

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org

All determinations as to the scope, interpretation, enforceability and validity of the Agreement shall be made exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. 

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. 

This arbitration provision shall survive: i) the termination of this Cardholder Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your account(s), to any other person or entity; or iv) closing of the account(s). If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY PLATFORM WITHIN SIXTY (60) DAYS FROM THE DATE YOU ENTER INTO THIS AGREEMENT TO CLOSE THE ACCOUNTS AND REQUEST A REFUND, IF APPLICABLE. 

Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the arbitrator according to the rules and procedures of the arbitrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the arbitrator. In addition, in the event that you receive an arbitration award that is greater than our last written settlement offer, the arbitrator shall have the discretion to require us to pay your attorneys’ fees and costs. Otherwise, each party will bear its own attorneys’ fees and costs, regardless of who prevails, except as otherwise awarded by the arbitrator in accordance with applicable law. 

The arbitrator’s decision is final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the Federal Arbitration Act. An arbitration award will be enforceable under the Federal Arbitration Act by any court having jurisdiction. 


Written by

Mark Antidormi

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