Common use of Claims May Be Brought In Individual Capacity Only Clause in Contracts

Claims May Be Brought In Individual Capacity Only. You and the Company each agree that neither you nor the Company will: (1) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit or court case that relates in any way to a Dispute against the other party, or (2) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit, court case, or arbitration that is brought on a class, collective, representative, or aggregate basis that in any way relates to a Dispute. The parties do not agree to arbitrate any Dispute on a class, collective, representative, or aggregate basis. YOU MAY BRING LEGAL CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON- REPRESENTATIVE, AND NON-AGGREGATE BASIS). THE COMPANY MAY BRING LEGAL CLAIMS AGAINST YOU ONLY IN ITS INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON- AGGREGATE BASIS). THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS ON MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE AUTHORIZE OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE OR AGGREGATE PROCEEDING. Claims of two or more persons or entities may not be joined or consolidated in the same arbitration because the arbitrator may only hear your and the Company’s individual claims and does not have the authority to hear claims on a class, collective, representative, or aggregate basis, or to award relief to anyone other than you and/or the Company in a single arbitration. Employees who elect to challenge the validity of the Agreement in a court of law may do so. Notwithstanding any other clause contained in this Agreement, this Section III shall not be severable from the Agreement.

Claims May Be Brought In Individual Capacity Only. You and the Company each agree that neither you nor the Company will: (1) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit or court case that relates in any way to a Dispute against the other party, or (2) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit, court case, or arbitration that is brought on a class, collective, representative, or aggregate basis that in any way relates to a Dispute. The parties do not agree to arbitrate any Dispute on a class, collective, representative, or aggregate basis. YOU MAY BRING LEGAL CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON- REPRESENTATIVE, AND NON-AGGREGATE BASIS). THE COMPANY MAY BRING LEGAL CLAIMS AGAINST YOU ONLY IN ITS INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON- AGGREGATE BASIS). THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS ON MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE AUTHORIZE OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE OR AGGREGATE PROCEEDING. Claims of two or more persons or entities may not be joined or consolidated in the same arbitration because the arbitrator may only hear your and the Company’s individual claims and does not have the authority to hear claims on a class, collective, representative, or aggregate basis, or to award relief to anyone other than you and/or the Company in a single arbitration. Employees who elect to challenge the validity of the Agreement in a court of law may do so. Notwithstanding any other clause contained in this Agreement, this Section III shall not be severable from the Agreement in any case in which the Dispute is brought as a class, collective, representative, or aggregate action. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of Section III may be determined only by a court of competent jurisdiction and not by an arbitrator.

Claims May Be Brought In Individual Capacity Only. You and the Company each agree that neither you nor the Company will: (1) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit or court case that relates in any way to a Dispute against the other party, or (2) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit, court case, or arbitration that is brought on a class, collective, representative, or aggregate basis that in any way relates to a Dispute. The parties do not agree to arbitrate any Dispute on a class, collective, representative, or aggregate basis. YOU MAY BRING LEGAL CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON- REPRESENTATIVE, AND NON-AGGREGATE BASIS). THE COMPANY MAY BRING LEGAL CLAIMS AGAINST YOU ONLY IN ITS INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON- AGGREGATE BASIS). THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS ON MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE AUTHORIZE OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE OR AGGREGATE PROCEEDING. Claims of two or more persons or entities may not be joined or consolidated in the same arbitration because the arbitrator may only hear your and the Company’s individual claims and does not have the authority to hear claims on a class, collective, representative, or aggregate basis, or to award relief to anyone other than you and/or the Company in a single arbitration. Employees who elect to challenge the validity of the Agreement in a court of law may do so. Notwithstanding any other clause contained in this Agreement, this Section III shall not be severable from the Agreement in any case in which the Dispute is brought as a class, collective, representative, or aggregate action. The waivers in this section of the Agreement do not apply to any claims based on or arising under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). In the event you attempt to represent other employees pursuant to PAGA, the PAGA claim must be litigated in court. However, the Parties agree that any court proceeding should be stayed pending the outcome of your individual arbitration in order to determine whether you are, in fact, aggrieved and thus, whether you has standing to represent other allegedly aggrieved employees in court. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of Section III may be determined only by a court of competent jurisdiction and not by an arbitrator.