Common use of BINDING ARBITRATION AND CLASS ACTION WAIVER Clause in Contracts

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.

Appears in 4 contracts

Sources: End User License Agreement (Eula), End User License Agreement, End User License Agreement