Common use of Limitations on Arbitration Clause in Contracts

Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between Merchant, Processor, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, Processor, and American Express do not waive the right to appeal that decision.

Appears in 10 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions, Terms and Conditions

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Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between MerchantMERCHANT, ProcessorParticipant, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by MerchantMERCHANT, Processor Participant or American Express and cannot be used in any other case except to enforce the award as between MerchantMERCHANT, Processor Participant and American Express. This prohibition is intended to, and does, preclude Merchant MERCHANT from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that MerchantMERCHANT, ProcessorParticipant, and American Express do not waive the right to appeal that decision.

Appears in 8 contracts

Samples: Conditions, Conditions, Conditions

Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between Merchant, Processor, Bank and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor Bank or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor Bank and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this AgreementSection, if any portion of these Limitations on Arbitration set forth in (ii) is found invalid or unenforceable, then the entire Arbitration Agreement Section (other than this sentence) will not apply, except that Merchant, Processor, Bank and American Express do not waive the right to appeal that decision.

Appears in 1 contract

Samples: Merchant Processing Agreement

Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s arbitrators authority is limited to Claims between Merchant, Processor, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, Processor, and American Express do not waive the right to appeal that decision.

Appears in 1 contract

Samples: End User License Agreement

Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s 's authority is limited to Claims between Merchant, ProcessoriTransact, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor iTransact or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor iTransact and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Arbitration Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, ProcessoriTransact, and American Express do not waive the right to appeal that decision.

Appears in 1 contract

Samples: Merchant Services Agreement for Sub

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Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between Merchant, Processor, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, Processor, and American Express do not waive the right to appeal that decision. iii.

Appears in 1 contract

Samples: Magic Payments Terms and Conditions

Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between Merchant, ProcessorWePay, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor WePay or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor WePay and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Arbitration Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, ProcessorWePay, and American Express do not waive the right to appeal that decision.

Appears in 1 contract

Samples: static.chasecdn.com

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