PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Climate will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by contacting Climate.
PARTICIPATE IN A CLASS ACTION. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against any Metal entity on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against any Metal X entity, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against any Metal X entity by someone else. You and each of the Metal X Parties agree that any claim or dispute at law or equity arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to these Terms will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: • Affects your rights and will impact how claims you and we have against each other are resolved. • Includes a Prohibition of Class and Representative Actions and Non- Individualized Relief pursuant to which you agree to waive your right to participate in a class action, representative, collective, or consolidated lawsuit against us. Agreement to Arbitrate Our Agreement You and Metal X each agree that any and all disputes or claims arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or
PARTICIPATE IN A CLASS ACTION. For any and all disputes or claims you have, you must first give CVS an opportunity to resolve your claim by sending a written description of your claim to CVS’s registered agent at this address: CVS Pharmacy, Inc. c/o CT Corporation System 000 Xxxxxxxx Xxxxxxxx Xxxxxxx, Xxxxx 0X Xxxx Xxxxxxxxxx, XX 00000 You and CVS each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or CVS may start an arbitration or small claims court proceeding. The Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available by calling 0-000-000-0000 or at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer_Rules_Web_1.pdf), as amended by these terms. If AAA fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator, but will not decide arbitrability or any other aspect of the parties’ dispute (except if either party files a small claims court matter). We will pay or reimburse arbitration filing, administration, and arbitrator fees. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis. If a court or arbitrator finds in any action between you and CVS that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or CVS may assert in that or any other action. If any other provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction.
PARTICIPATE IN A CLASS ACTION f. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act shall govern this agreement to arbitrate. The neutral arbitrator has the authority to award whatever relief would be available in court under law or in equity.
PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Monsanto will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes as updated from time to time (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at xxx.xxx.xxx, by calling the AAA at 1-800-778- 7879, or by contacting Monsanto. To the extent that there is no conflict or inconsistency between the AAA Rules and the provisions of The Arbitration Act of Manitoba, as amended (the “Act”), the provisions of the Act will apply to such arbitration, provided always that in the event of any such conflict or inconsistency, the provisions of the AAA Rules will govern.
PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either you or Climate may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
