Governing Law and Arbitration
This Online Security Policy is to be governed by and construed in accordance with the laws of the State of Indiana, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Online Security Policy, except for an injunctive action regarding a breach, violation or threatened breach or violation of this Online Security Policy by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Marion County, Indiana.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING SALIN.COM, YOU CONSENT TO THESE RESTRICTIONS.
You and Salin Bank shall select the arbitrator, and if you and Salin Bank are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Salin Bank, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Marion County, Indiana.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Salin Bank and your and Salin Bank's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.