BINDING ARBITRATION AND CLASS ACTION WAIVER Sample Clauses

BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

BINDING ARBITRATION AND CLASS ACTION WAIVER. 25.1. PARTIES BOUND - The term “Merchant” in this Section 25 (Binding Arbitration and Class Action Waiver) includes Merchant, its owners, partners, officers, directors, shareholders, principals, Affiliates, guarantor(s), predecessors, successors, and assigns, including without limitation those listed in the Merchant Application or Gateway Services Application. Section 25 binds all of them, SHIFT4, and SHIFT4’s Affiliates, resellers, referral partners, and Independent Sales Representatives (sometimes called “ISOs”)

BINDING ARBITRATION AND CLASS ACTION WAIVER. 7.1 PARTIES BOUND

BINDING ARBITRATION AND CLASS ACTION WAIVER. This section applies to you only if you live in (or, if a business, your principal place of business is in) the United States (inapplicable to residents of or businesses with principal place of business outside the United States). arbitration before the American Arbitration Association (“AAA”) under the Federal aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

BINDING ARBITRATION AND CLASS ACTION WAIVER. (a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. (b) The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except that Aquabuildr, Inc. will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against Aquabuildr, Inc., unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. (c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA (MISSOULA) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN MISSOULA, MONTANA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM. (d) Notwithstanding anything to the contrary, you and Aquabuildr, Inc. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution...

BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to ▇▇▇ in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at ▇▇▇▇▇://▇▇▇.▇▇/arb- agreement-4. You and Microsoft agree to these terms.

BINDING ARBITRATION AND CLASS ACTION WAIVER. COURT. – Either You or We may elect, without the other’s consent, to require that any dispute between us concerning Your Accounts and the services related to your Accounts be resolved by binding arbitration, except for those disputes This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16 (the “FAA”). – Claims or disputes between you and us arising out of or relating to your Account(s), transactions involving your Account(s), safe deposit box, and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to this agreement, any prior account agreement between us, or the advertising, the application for, or the approval or establishment of your account are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist or may arise in the future. All such disputes are referred to in this section as “Claims”. An exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis. Claims or disputes arising from your status as a borrower under any loan agreement with the Credit Union are also excluded from this Resolution of Disputes by Arbitration provision. – mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders to a single transaction or related transaction), whether or not the claim may have been assigned. – You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of the opening of your account or the mailing of this notice, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account Risk Management, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full will control. If JAMS or the AAA is unable to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the ...

BINDING ARBITRATION AND CLASS ACTION WAIVER. We hope we never have a dispute, but if we do, you and Sage agree to try for 60 days to resolve it informally. If we can’t, you and Sage agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Both you and Sage agree to bring any dispute in arbitration on an individual basis only. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Sage and its affiliates.

BINDING ARBITRATION AND CLASS ACTION WAIVER. READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By agreeing to this ▇▇▇▇, including by using the Software, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU AY HAVE AGAINST 0x4447 ON AN INDIVIDUAL BASIS IN ARBITRATION. You and 0x4447 agree that any dispute, claim, or controversy arising out of or relating to (i) this ▇▇▇▇ and/or (ii) your access of or use of the Software at any time (whether before or after the date you agreed to this ▇▇▇▇) will be settled by binding arbitration on an individual basis between you and 0x4447, and not in a court of law. This binding arbitration will be administered in Delaware in accordance with the provisions of the Delaware Rapid Arbitration Act. You acknowledge and agree that you and 0x4447 are each waiving the right to a trial by jury, as well as the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, you acknowledge that you understand that the right to discovery may be more limited in arbitration than in court. This section shall not apply in any jurisdiction that does not permit binding arbitration, and other laws may apply to the dispute resolution process in such jurisdictions.