Waiver of Class Actions. You agree that the transactions of each depositor of this bank arises from a unique relationship between the bank and its depositor such that damages that may arise as a result of a violation or alleged violation of this agreement or the laws and regulations governing this agreement are not the same for all depositors and therefore not appropriate for class action treatment. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THIS BANK EITHER AS A MEMBER OF A PUTATIVE CLASS OR AS LEAD PLAINTIFF IN ANY DISPUTE AGAINST THE BANK.
Waiver of Class Actions. The terms “Claim” or “Claims” refer to any disputes, controversies, claims, counterclaims, allegations of liability, theories of damage, or defenses between Bank of America, N.A., its subsidiaries and affiliates, on the one hand, and the parties to this Guaranty, on the other hand (all of the foregoing each being referred to as a “Party” and collectively as the “Parties”). Whether in state court, federal court, or any other venue, jurisdiction, or before any tribunal, the Parties agree that all aspects of litigation and trial of any Claim will take place without resort to any form of class or representative action. Thus the Parties may only bring Claims against each other in an individual capacity and waive any right they may have to do so as a class representative or a class member in a class or representative action. THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM.
Waiver of Class Actions. The terms “
Waiver of Class Actions. You and Xxxxx Group agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Xxxxx Group agree that you and Xxxxx Group may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Xxxxx Group agree that, unless you and Xxxxx Group agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Waiver of Class Actions. You and JCI each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, you and JCI each waive any right to a jury trial. You and JCI both agree either you or JCI may bring suit in a state or federal court in Milwaukee County, Wisconsin, United States to enjoin infringement or other misuse of intellectual property rights.
Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Class Actions. You and Crexendo agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Crexendo agree that you and Crexendo may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Crexendo agree that, unless you and Crexendo agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding, notwithstanding any other provision in this agreement to the contrary.
Waiver of Class Actions. You and VoIP Office agree that you and VoIP Office may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Waiver of Class Actions. I agree that any disputes concerning NHA's Terms & Conditions, this Agreement, literature regarding the Trip, or the Trip itself, shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-6, either pursuant to the then-existent commercial rules of the American Arbitration Association (AAA) or the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). These proceedings shall be governed by the substantive, but not procedural, law of the State of Colorado, shall apply without any consideration or regard to the Colorado Revised Uniform Arbitration Act, and shall take place in Boulder, Colorado. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including, but not limited to, any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, I, as well as NHA/WWF, waive our right to a trial by jury. THIS RELEASE PROVIDES FOR THE EXCLUSIVE RESOLUTION OF ANY DISPUTES THROUGH ARBITRATION ON A GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ARBITRATION OR LAWSUIT. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST ANY RELEASED PERSON WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT IN COMBINATION WITH OTHER GUESTS WHO ARE NOT FAMILY MEMBERS OR AS A MEMBER OF ANY PUTATIVE OR CERTIFIED CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. GUEST ALSO AGREES THAT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS OR CONSOLIDATED BASIS. Knowing and Voluntary Execution By signing this Agreement, I attest that I am in good general health and mobility and am capable of performing normal activities on this Trip. I further attest that I am capable of caring for myself during the Trip, and that I will not impede the progress of the Trip or the enjoyment of others. I certify that I have not been recently treated for, nor am I aware of, any medical condition, infirmity or disability (physical or mental) that would create an unreasonable risk to myself, Trip leader(s), third parties, other Guests on the Trip or to wildlife. I acknowledge that I have read this Agreement, NHA’s Terms & Conditions,...
Waiver of Class Actions. You and MDS AMIBA agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and MDS AMIBA agree that you and MDS AMIBA may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and MDS AMIBA agree that, unless you and MDS AMIBA agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
