Arbitration Agreement

You and MSUFCU agree to attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services we 
have provided, or will provide, or have offered to provide to you, and/or any aspect of your relationship with MSUFCU (hereafter referred to as the “Claims”). If 
that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration 
and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, 
shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its 
applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise.  The Rules can be obtained on 
the AAA website free of charge at www.adr.org; or, a copy of the Rules can be obtained upon request to MSUFCU’s Legal department.  Either you or we may elect 
to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand 
for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.  AS A RESULT, IF EITHER 
YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR 
RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT OR A COMPARABLE COURT OF LIMITED 
JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT).  This Arbitration Agreement shall be interpreted and enforced in accordance with the 
Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or 
nature of the Claims at issue.  This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by 
a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf.  This Arbitration Agreement 
shall not apply to claims that are initiated in or transferred to small claims court. This Arbitration Agreement does not apply to: (1) any consumer credit transaction 
secured by a dwelling (including a home equity line of credit secured by your principal dwelling); or (2) to any consumer credit obtained while you were a covered 
borrower as defined by the Military Lending Act. 

1.  Selection of Arbitrator. Claims shall be resolved by a single arbitrator.  The arbitrator shall be selected in accordance with the Rules, and must have experience 

in the types of transactions at issue in the Claims.  In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement 
shall supersede the conflicting Rules only to the extent of the inconsistency.  If AAA is unavailable to resolve the Claims, and if you and we do not agree on a 
substitute forum, then you can select the forum for the resolution of the Claims.   

2.  Effective Date. This Arbitration Agreement is effective when the account is opened.  

3.  Arbitration Proceedings. The arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced, if within the 

continental United States. Any claims and defenses that can be asserted in court can be asserted in the arbitration.  The Arbitrator shall be entitled to award the 
same remedies that a court can award, including any kind of injunctive relief that could be awarded by a court.  Discovery shall be available for non-privileged 
information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court.  Except as provided in applicable 
statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed.  MSUFCU shall pay for any filing, administration, and arbitrator 
fees imposed on you by the AAA.  However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which 
case, we will pay your attorneys’ fees. Conversely, if MSUFCU prevails, then you will not be required to pay its attorneys’ fees and costs. Nothing contained in this 
Arbitration Agreement shall prevent either you or us from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary 
restraining order, a temporary protective order, an attachment or any other pre-judgment remedies.  

Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including 
without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth 
below shall be determined by the Court.  

4.  Class Action Waiver. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS.  YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO 

PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.    

5.  Severability. In the event the Class Action Waiver in this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration 
Agreement shall also be unenforceable.  If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found to be unenforceable, the 
remaining provisions shall remain fully enforceable.  

FOR MORE DETAILS or if you have questions, you may call us or visit a branch.  If you have questions about AAA procedures, you should check AAA’s website, 
www.adr.org, OR call AAA at (800) 778-7879.  

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