BINDING ARBITRATION; CLASS ACTION WAIVER Sample Clauses
The Binding Arbitration; Class Action Waiver clause requires that any disputes between the parties be resolved through binding arbitration rather than through court litigation. In practice, this means that if a disagreement arises, both parties must submit their claims to a neutral arbitrator, and the arbitrator’s decision is final and enforceable. Additionally, the clause prohibits parties from joining together in class actions or collective lawsuits, so each dispute must be handled individually. This clause primarily serves to streamline dispute resolution, reduce litigation costs, and prevent large-scale lawsuits by ensuring that claims are addressed on a one-on-one basis.
BINDING ARBITRATION; CLASS ACTION WAIVER. In the unlikely event that you have any complaint or other dispute that is not resolved by NAP or the PUC to your satisfaction, or that we have a dispute with you and are unable to resolve it informally, we each agree to resolve such a dispute through binding arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) or small claims court, instead of before any other court. We each agree to arbitrate solely on an individual basis, and understand and agree that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NAP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR TO SUE IN COURT (OTHER THAN AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AS DESCRIBED HEREIN).
BINDING ARBITRATION; CLASS ACTION WAIVER. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND ROCKIN’ JUMP AGREE (A) TO WAIVE YOUR AND ROCKIN’ JUMP’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PROGRAM, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND ROCKIN’ JUMP’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND ROCKIN’ JUMP AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT). YOU AND ROCKIN’ JUMP AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM IS PERSONAL TO YOU AND ROCKIN’ JUMP AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. You and Rockin’ Jump agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Rockin’ Jump agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. You and Rockin’ Jump agree that this Agreement affects interstate commerce and that the enforceability of this Section 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law. You and Rockin’ Jump agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Rockin’ Jump shall be sent by certified mail or courier to ▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇., Las Cruces, NM 88001. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Program membership and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Disp...
BINDING ARBITRATION; CLASS ACTION WAIVER. In the unlikely event that you have any complaint or other dispute that is not resolved by NAP or the BPU to your satisfaction, or that we have a dispute with you and are unable to resolve it informally, we each agree to resolve such a dispute through binding arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) or small claims court, instead of before any other court. We each agree to arbitrate solely on an individual basis, and understand and agree that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
BINDING ARBITRATION; CLASS ACTION WAIVER. EXCEPT FOR ANY PETITION FOR EQUITABLE RELIEF PURSUANT TO SECTION 8.3 HEREOF, ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE AFFILIATE PROGRAM THAT MAY EXIST BETWEEN SKRILL USA AND AFFILIATE SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN THE COUNTY AND STATE IN WHICH AFFILIATE RESIDES IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) FROM TIME TO TIME IN FORCE AND EFFECT. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF ANY SUCH DISPUTES. THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF THE STATE IN WHICH THE ARBITRATION IS TO BE HELD AND (II) ON THE AAA REGISTER OF ARBITRATORS. WITHIN A REASONABLE PERIOD TIME FOLLOWING THE CONCLUSION OF THE ARBITRATION HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW. JUDGMENT ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN THE UNITED STATES. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR SHALL BE VALID, BINDING, FINAL AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY PARTY TO SUCH ARBITRATION. THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE ARBITRATOR’S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR’S OPINION THERE IS NO PREVAILING PARTY, THE ARBITRATOR’S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO. EACH OF THE PARTIES FURTHER AGREES THAT NEITHER IT NOR ANY OF ITS AFFILIATES WILL BECOME A MEMBER OF ANY CLASS-WIDE LITIGATION OR ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION LITIGATION OR ARBITRATION AGAINST THE OTHER PARTY.
BINDING ARBITRATION; CLASS ACTION WAIVER. In the YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NAP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR TO SUE IN A COURT (OTHER THAN AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AS DESCRIBED HEREIN). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF TO YOU AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. BOTH ▇▇▇ AND YOU ALSO AGREE THAT:
BINDING ARBITRATION; CLASS ACTION WAIVER. 6.1 You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company’s business, use of the Website, and Company’s relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Company’s employees, agents or any subsidiaries of Company. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
6.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability, or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA) shall govern the interpretation and enforcement of this agreement to arbitrate. The AAA Commercial Arbitration Rules are available online at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/CommercialRules_Web_FINAL_1.pdf. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The arbitrator is bound by the terms of this Agreement. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in on site one on one.
BINDING ARBITRATION; CLASS ACTION WAIVER. In the unlikely event that you have any complaint or other dispute that is not resolved by Champion or the DoE to your satisfaction, or that we have a dispute with you and are unable to resolve it informally, we each agree to resolve such a dispute through binding arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) or small claims court, instead of before any other court. We each agree to arbitrate
BINDING ARBITRATION; CLASS ACTION WAIVER. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. By accepting these Terms, you agree to resolve any dispute with us through binding arbitration and to waive your rights to participate in any class action suit and to a jury trial. This agreement to arbitrate, class action waiver, and jury trial waiver shall survive termination of these Terms or your discontinued use of the AI Tools. Any dispute arising out of or relating to these Terms or your use of the AI Tools shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, by a sole arbitrator, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.
BINDING ARBITRATION; CLASS ACTION WAIVER. This section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR OR DINE BRANDS' INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Dine Brands arising out of or in connection with these Terms (including without limitation our Privacy Policy) and/or your use of the Site, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The term "dispute" will be given the broadest possible meaning allowable under law.
BINDING ARBITRATION; CLASS ACTION WAIVER. At FrontRow's or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Use or the Service that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreed by the parties, arbitration will be held in Karnataka before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, and will be conducted in accordance with the rules and regulations promulgated unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. Notwithstanding the provisions of the introductory section above, if FrontRow changes this ‘Arbitration’ section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of FrontRow' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Fr...