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 you, us, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by you, us or American Express and cannot be used in any other case except to enforce the award as between you, NMS and American Express. This prohibition is intended to, and does, preclude you from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Section 8.02, if any portion of these Limitations on Arbitration set forth in this Section 8.02 (ii) is found invalid or unenforceable, then the entire Section 8.02 (other than this sentence) will not apply, except that you, we, and American Express do not waive the right to appeal that decision.