Common use of Class Action Waiver and Other Restrictions Clause in Contracts

Class Action Waiver and Other Restrictions. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Survival; Severability” provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 25 (other than this sentence) shall not apply.

Appears in 1 contract

Samples: testapi.corecard.com

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Class Action Waiver and Other Restrictions. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Survival; Severability” provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 25 20 (other than this sentence) shall not apply.

Appears in 1 contract

Samples: testapi.corecard.com

Class Action Waiver and Other Restrictions. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Survival; Severability” provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 25 24 (other than this sentence) shall not apply.

Appears in 1 contract

Samples: testapi.corecard.com

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Class Action Waiver and Other Restrictions. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Survival; Severability” provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 25 22 (other than this sentence) shall not apply.

Appears in 1 contract

Samples: Cardholder Agreement

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