Agreement to Arbitrate Disputes and Waiver of Class Actions. a. YOU AND INLAND EYE SPECIALISTS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Inland Eye Specialists or any of its affiliates, subsidiaries, parents, successors or assigns and any of their respective officers, directors, employees, agents, or shareholders, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Inland Eye Specialists by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited. b. You and Inland Eye Specialists agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Sales Agreement and prior versions thereof; content regarding COMPANY PRODUCTS currently or previously available on or through the CZV Platform; any COMPANY PRODUCT or other product or service currently or previously available on the CZV Platform; your relationship with Inland Eye Specialists; your Prescription Data; your Personal Information if applicable; payments made by you or any payments made or allegedly owed to you; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“Arbitration Agreement”). All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND INLAND EYE SPECIALISTS ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
Appears in 2 contracts
Samples: Sales Agreement, Sales Agreement
Agreement to Arbitrate Disputes and Waiver of Class Actions. a. YOU AND INLAND EYE SPECIALISTS EYELUX OPTOMETRY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Inland Eye Specialists Eyelux Optometry or any of its affiliates, subsidiaries, parents, successors or assigns and any of their respective officers, directors, employees, agents, or shareholders, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Inland Eye Specialists Eyelux Optometry by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
b. You and Inland Eye Specialists Eyelux Optometry agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Sales Agreement and prior versions thereof; content regarding COMPANY PRODUCTS currently or previously available on or through the CZV Platform; any COMPANY PRODUCT or other product or service currently or previously available on the CZV Platform; your relationship with Inland Eye SpecialistsEyelux Optometry; your Prescription Data; your Personal Information if applicable; payments made by you or any payments made or allegedly owed to you; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“Arbitration Agreement”). All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND INLAND EYE SPECIALISTS EYELUX OPTOMETRY ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
Appears in 1 contract
Samples: Sales Agreement
Agreement to Arbitrate Disputes and Waiver of Class Actions. a. YOU AND INLAND EYE SPECIALISTS EYECARE SERVICE PARTNERS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Inland Eye Specialists Eyecare Service Partners or any of its affiliates, subsidiaries, parents, successors or assigns and any of their respective officers, directors, employees, agents, or shareholders, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Inland Eye Specialists Eyecare Service Partners by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
b. You and Inland Eye Specialists Eyecare Service Partners agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Sales Agreement and prior versions thereof; content regarding COMPANY PRODUCTS currently or previously available on or through the CZV Platform; any COMPANY PRODUCT or other product or service currently or previously available on the CZV Platform; your relationship with Inland Eye SpecialistsEyecare Service Partners; your Prescription Data; your Personal Information if applicable; payments made by you or any payments made or allegedly owed to you; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“Arbitration Agreement”). All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND INLAND EYE SPECIALISTS EYECARE SERVICE PARTNERS ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
Appears in 1 contract
Samples: Sales Agreement