Common use of Arbitration; Waiver of Class Action Clause in Contracts

Arbitration; Waiver of Class Action. By entering the Contest, you agree that any dispute arising out of or relating to the Contest or these Rules, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTEST, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You may request a list of Contest winners after July 7, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. Xxx. 000

Appears in 1 contract

Samples: us.moschampionship.com

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Arbitration; Waiver of Class Action. By entering the ContestIf you have a dispute with WDGCEX (a “Complaint”), you agree to contact WDGCEX through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the WDGCEX support team (“WDGCEX Support”), you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps. We will acknowledge receipt of your Complaint form after you submit it. A WDGCEX customer relations agent ("Agent") will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of WDGCEX. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail ("Resolution Notice") in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond WDGCEX's control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 35 business days from our receipt of your Complaint form. If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this TOU or the Contest or these RulesServices, including including, without limitation limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and Sponsor of whatsoever kind or nature arising out of these Rules shall be submitted to Judicial Arbitration proceeds only on an individual (non-class and Mediation Services, Inc. (“JAMS”non-representative) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurredbasis. This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTEST, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You may request a list of Contest winners after July 7, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. Xxx. 000A

Appears in 1 contract

Samples: Wdgcex Terms of Use

Arbitration; Waiver of Class Action. By entering the Contest, you agree that any dispute arising out of or relating to the Contest or these Rules, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTEST, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION ACTION. WINNERS’ LIST: You may request a list of Contest winners after July 7June 30, 2023 but before July 24, 2023 2022 by sending an email with the subject line “Microsoft Office Specialist Adobe Certified Professional U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. X Xxxxxxxxxx Xxx. 000, 0xx Floor

Appears in 1 contract

Samples: us.acachampionship.com

Arbitration; Waiver of Class Action. By entering the ContestIf you have a dispute with Monarch, you agree to contact Monarch through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Monarch support team, you and we agree that any dispute arising out of or relating to this Agreement or the Contest or these RulesMonarch Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and Sponsor of whatsoever kind proceeds only on an individual (non-class or nature arising out of these Rules non-representative) basis. Arbitration shall be submitted to Judicial conducted in accordance with the American Arbitration and Mediation Services, Inc. Association's rules for arbitration of consumer-related disputes (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurredaccessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTESTINTO THESE TERMS, YOU AND SPONSOR MONARCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You ACTION. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may request award any relief that a list court of Contest winners after July 7competent jurisdiction could award and the arbitral decision may be enforced in any court. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx hearings may be conducted in person or by sending telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Arbitration Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a self-addressed stamped envelope to: Certiportcourt. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. If a court decides that any provision of this section 7.2 is invalid or unenforceable, a business that provision shall be severed and the other parts of NCS Xxxxxxxthis section 7.2 shall still apply. In any case, Inc. 0000 X. 000 X. Xxx. 000the remainder of this User Agreement, will continue to apply.

Appears in 1 contract

Samples: Monarch User Agreement

Arbitration; Waiver of Class Action. By entering If we cannot resolve the Contestdispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Contest or these RulesAKB Fintech Services, including including, without limitation limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and Sponsor of whatsoever kind or nature arising out of these Rules proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be submitted to Judicial conducted in accordance with the American Arbitration and Mediation Services, Inc. Association's rules for arbitration of consumerrelated disputes (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurredaccessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE ACKNOWLEDGE THAT, BY ENTERING THE CONTESTAGREEING TO THESE TERMS, YOU AND SPONSOR COINBASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You may request a list of Contest winners after July 7, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. Xxx. 000THE

Appears in 1 contract

Samples: Akb Fintech User Agreement

Arbitration; Waiver of Class Action. By entering If we cannot resolve the Contestdispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Contest or these RulesRocketplace Services, including including, without limitation limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the "Arbitration Agreement"). All disputes between Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and Sponsor of whatsoever kind or nature arising out of these Rules proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be submitted to Judicial conducted in accordance with the American Arbitration and Mediation Services, Inc. Association's rules for arbitration of consumer-related disputes (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurredaccessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY "CLASS ACTION WAIVER"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE ACKNOWLEDGE THAT, BY ENTERING THE CONTESTAGREEING TO THESE TERMS, YOU AND SPONSOR Rocketplace ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You ACTION. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may request award any relief that a list court of Contest winners after July 7competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator's decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx hearings may be conducted in person or by sending telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. Xxxcourt. 000We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.

Appears in 1 contract

Samples: Rocketplace User Agreement

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Arbitration; Waiver of Class Action. By entering the Contest, you agree that any dispute arising out of or relating to the Contest or these Rules, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTEST, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION ACTION. WINNERS’ LIST: You may request a list of Contest winners after July 7, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist Adobe Certified Professional U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. X Xxxxxxxxxx Xxx. 000, 0xx Floor

Appears in 1 contract

Samples: www.acachampionship.com

Arbitration; Waiver of Class Action. By entering You and the Contestcredit union agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services the credit union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the credit union (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any dispute arising 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 of, affect or relating relate to conduct that occurred prior to the Contest Effective Date, shall, at the election of either you or these 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”), including without limitation federal and state statutory claims, common law claims, and those based whether such Claims are in contract, tort, fraudstatute, misrepresentation or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any other legal theory, shall be resolved credit union branch upon request. Either you or we may elect to resolve a particular Claim through binding arbitration, on an individual basis even if one of us has already initiated litigation in court related to a Claim, by: (a) making written demand for arbitration upon the “Arbitration Agreement”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 MEMBERSHIP AND ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. This Arbitration Agreement includes, without limitation, disputes arising out shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of or related the U.S. Code to the interpretation or application fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration AgreementAgreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, including the enforceability, revocability, scopestate, or validity of the 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 any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTEST, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You may request a list of Contest winners after July 7, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” transferred to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. Xxx. 000small claims court.

Appears in 1 contract

Samples: www.cudenver.com

Arbitration; Waiver of Class Action. By entering the ContestIf you have a dispute with DBS, you agree to contact DBS through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the DBS support team, you and we agree that any dispute arising out of or relating to this Agreement or the Contest or these RulesDBS Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). All disputes between Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and Sponsor of whatsoever kind proceeds only on an individual (non-class or nature arising out of these Rules non- representative) basis. Arbitration shall be submitted to Judicial conducted in accordance with the American Arbitration and Mediation Services, Inc. Association's rules for arbitration of consumer-related disputes (“JAMS”) for binding arbitration under its rules then in effect in Minnesota, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurredaccessible at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf). This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING THE CONTEST, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION WINNERS’ LIST: You may request a list of Contest winners after July 7, 2023 but before July 24, 2023 by sending an email with the subject line “Microsoft Office Specialist U.S. National Championship Contest Winners” to XXXXxxxxxxxxxxx@xxxxxxx.xxx or by sending a self-addressed stamped envelope to: Certiport, a business of NCS Xxxxxxx, Inc. 0000 X. 000 X. Xxx. 000.

Appears in 1 contract

Samples: platform.duality.solutions

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