Arbitration Disclosure and Agreement
In consideration of opening one or more accounts with Nationwide Planning Associates, Inc., I (we) hereby agree that any disagreement between Nationwide Planning Associates, Inc. and I (us) shall be settled by arbitration, in accordance with the current rules of the Financial Industry Regulatory Authority (FINRA), and the governing laws of New Jersey.
I (We) am (are) aware and consent to the following conditions of this Arbitration Agreement:
- All parties to this Agreement are giving up the right to sue one another in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which the claim is filed.
- Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
- The ability of the parties to obtain documents, witness statements, and other discovery is more limited in arbitration than in court proceedings.
- The arbitrators do not have to explain the reason(s) for their award.
- The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
- The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
- The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
I (We) shall not bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against Nationwide Planning Associates, Inc. or any agent thereof, who has initiated in court a putative class action, or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action, until (i) the class certification is denied, (ii) the class is decertified, or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement, except to the extent stated herein.
This Arbitration Disclosure and Agreement is deemed to be delivered to the account holder(s) at the time the Nationwide Planning Associates, Inc. Account Form is signed by the consenting account holder(s). Account holder(s) may obtain a copy of this Arbitration Disclosure and Agreement by submitting a written request to Nationwide Planning Associates, Inc. at:
Nationwide Planning Associates, Inc.
115 W. Century Road, Suite 360
Paramus, NJ 07652
Attn: Compliance Department