Restrictions on Arbitration. 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.
Restrictions on Arbitration. Each Dispute shall be arbitrated on an individual basis. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve a Dispute and to make awards is limited to Disputes between the Parties to this Agreement alone, and is subject to the limitations of liability set forth in this Agreement. Furthermore, Disputes brought by any Party to this Agreement against another may not be joined or consolidated in arbitration with any one or more Disputes brought by or against any third party, unless agreed to in writing by all Parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this Section 15.1(b) be stricken from this Agreement or deemed otherwise unenforceable, then this entire Section 15.1 shall be stricken from this Agreement.
Restrictions on Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OR PROCEDURES OF NAF, AAA OR JAMS, AS APPLICABLE. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS, ON BEHALF OF THE GENERAL PUBLIC OR OTHER PARTIES, OR JOINED OR CONSOLIDATED WITH CLAIMS OF OTHER PARTIES, AND YOU AND WE ARE SPECIFICALLY BARRED FROM DOING SO. THIS PROHIBITION IS INTENDED TO, AND DOES, PRECLUDE ANY TRADE ASSOCIATION OR OTHER ORGANIZATION FROM ARBITRATING ANY CLAIM ON A REPRESENTATIVE BASIS ON BEHALF OF THE ORGANIZATION’S MEMBERS. 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 AWARDS TO YOU AND US ALONE. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO THE “CONTINUATION” PROVISION BELOW) AND WITHOUT WAIVING EITHER PARTY’S RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS “RESTRICTIONS ON ARBITRATION” PROVISION BE DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE ARBITRATION SECTION (OTHER THAN THIS SENTENCE) SHALL NOT APPLY.
Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between the parties to this Agreement alone, and is subject to the Limitations of Liability set forth in this Agreement. Furthermore, Disputes brought by either party to this Agreement against the other may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. Any arbitration award and any judgment confirming it will apply only to the specific case and the specific parties, and neither you nor we shall be entitled to use or reference in an arbitration between us any award or judgment from any other case. Should any portion of this Section 17.2 of this Dispute Resolution provision be stricken from this Agreement or deemed otherwise unenforceable, then this entire Dispute Resolution paragraph shall be stricken from this Agreement.
Restrictions on Arbitration. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
