ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Sample Clauses

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THIS SECTION (“ARBITRATION PROVISION”) CAREFULLY. IT WILL GOVERN ANY AND ALL CLAIMS AND DISPUTES ARISING IN CONNECTION WITH YOUR CARD AND YOUR RELATIONSHIP WITH US AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING YOUR CARD (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. HOWEVER, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION PROVISION IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASS. NOR WILL THIS SECTION APPLY TO ANY CLAIM THAT YOU MAY HAVE AGAINST THE PROGRAM SPONSOR SUBJECT TO APPEALS AND GRIEVANCES PROCEDURES UNDER THE FEDERAL MEDICARE REGULATIONS. A. Parties Subject to Arbitration; Certain Definitions. Solely as used in this Arbitration Provision: (a) the terms “we,” “us” and “our” include: (i) Optum Financial, Inc. and Citizen’s Alliance Bank, N.A., their parents, subsidiaries and affiliates, their successors, if any, and the employees, officers, directors and controlling persons of all such companies and banks (the “Bank Parties”); and (ii) any other person or company who provides any services in connection with the account if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party; (b) the terms “you” and “your” include each holder or owner of the Card and their respective heirs, successors, representatives and beneficiaries (including pay-on-death and similar beneficiaries); and (c) the term “account” includes the Card or account established by this or any other Cardholder Agreement with us and any updated or substitute Card or account for the same cardholder(s).

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) Upwork Global Inc. (“Upwork,” “we,” or “us”) and our affiliates Upwork Escrow Inc. (“Upwork Escrow”) and, to the extent expressly stated, Elance Limited ("Elance Ltd."). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at xxx.xxxxxx.xxx or any part of the rest of the Site (defined in the Site Terms of Use) or the Site Services (defined in the Site Terms of Use).

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) QWQER Services LLC (“QWQER,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at xxx.XXXXX.xxx or any part of the rest of the Site (defined in the Site Terms of Use) or the Site Services (defined in the Site Terms of Use). This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time Site Terms of Use; Fee and ACH Authorization Agreement; Cookie Policy; Privacy Policy; Driver’s License, Record Verification and Rules & Regulations Attestations and Driver Rules and Regulations Consent Form, Proprietary Rights Infringement Reporting Procedures; and the Stripe Payment Instructions as applicable to any Service Contract you enter into with another User, specifically the Mileage Payment Agreement with Stripe Instructions. These agreements are collectively, with this Agreement, called the “Terms of Service”. Subject to the conditions set forth herein, QWQER may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. QWQER will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by QWQER, QWQER will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON...

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You agree that any action, dispute, claim, or controversy of any nature that arises between you and the Credit Union, whether relating to this Agreement or any other dealing with the Credit Union, other than claims properly filed in small claims court, will be subject to and resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association upon written request by either party at any time before, or within 90 days after, proper service of a formal claim. Arbitration shall proceed solely on an individual basis, without the right to arbitrate on a class action basis or in a representative capacity. The results of any arbitration shall have no preclusive effect on any dispute with anyone who is not a named party to the arbitration. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BINDING ARBITRATION: Except for those claims expressly excluded below (EXCLUDED CLAIMS), Customer and Company agree that ANY and all existing or future controversy or claim between them arising out of or related to this Agreement or any prior agreements between the parties, whether based in contract, law or equity or alleging any other legal theory, or arising prior to, in connection with, or after the termination of this Agreement or any other agreements, shall be resolved by mandatory binding arbitration (see xxx.xx.xxx for details on arbitration procedures). CLASS ACTION WAIVER: Customer and Company agree that under no circumstances, whether in arbitration or otherwise, may customer bring any claim against the Company, or allow any claim that the Customer may have against the Company to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of the Company.EXCLUDED CLAIMS: The following are not subject to mandatory binding arbitration: (A) either party’s claims against the other in connection with bodily injury or real property damage and for environmental indemnification; and (B) Company’s claims against Customer for collection or payment of Charges, damages (liquidated or otherwise) or any other amounts due or payable to the Company by the Customer under this Agreement or any prior agreements between the parties, but Customer and Company may mutually agree to arbitrate any Excluded Claims.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You and SIXT each waive their right to a jury trial or to participate in a class action pursuant to the following terms. You and SIXT agree to arbitrate any and all claims, controversies or disputes of any kind (“claims”) against each other, including but not limited to claims arising out of or relating to this agreement, or our products and services, charges, advertisings, or rental vehicles including without limitation claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law. The arbitrator, and not any federal, state or local court or agency, shall have authority to resolve any and all disputes relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. You and SIXT agree that no claims will be asserted in any representative capacity on a class-wide or collective basis, that no arbitration forum will have jurisdiction to decide any claims on a class-wide or collective basis, and that no rules for class-wide or collective arbitration will apply. The parties agree, however, that either party may bring an individual action in a small claims court with valid jurisdiction provided that the action is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that claims involving a third party insurance company separately providing coverage to you, personal injury claims, or claims relating to the application of your financial responsibility relating to the use or operation of Vehicle, may be brought in a court with valid jurisdiction.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. 10.1. Subject to the exceptions described below, all disputes arising out of or related to this XXXX or any aspect of your relationship with Camera Bits, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. You agree that Camera Bits and you are each waiving the right to trial by a jury. You agree that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. 10.2. You and Camera Bits each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights. 10.3. You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to xxxxxxx@xxxxxxxxxx.xxx or a letter to Camera Bits, Inc., 000 X 0xx Xxx, Xxxxxxxxx, XX 00000 within 30 days after the date you first agree to this XXXX. If you don’t provide Camera Bits with a timely opt-out notice, this arbitration agreement applies. 10.4. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at xxx.xxx.xxx/Xxxxx or by calling the AAA at 0-000-000-0000). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Camera Bits will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this XXXX (including the Limitation...

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. 23.1 How This Agreement Applies. Toolbox and Worker mutually agree to resolve any and all covered justiciable disputes between the Parties exclusively through final and binding arbitration instead of a court or jury trial. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving commerce. This Agreement applies to any and all claims arising out of or relating to the Worker Terms, the Worker’s classification as an independent contractor, Worker’s provision of services, Worker’s use of the Platform, any payments made or received by Worker through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of these Worker Terms, and all other aspects of the Worker’s relationship (or the termination of its relationship) with Toolbox, past, present or future, whether arising under federal, state or local statutory and/or common law, which Toolbox may have against Worker or which Worker may have against Toolbox and its owners, officers, employees or agents. Worker and Toolbox agree that the mutual obligations to arbitrate disputes provide adequate consideration for this Arbitration Agreement. Additionally, except as these Worker Terms otherwise provides, the Arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of these Worker Terms, including, but not limited to any claim that all or any part of these Worker Terms is void or voidable. However, as stated in the “Class and Collective Action Waivers” section below, the preceding sentence does not apply to the Class Action Waiver and/or Collective Action Waiver.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. A. Informal Dispute Resolution At Natural Pilates, we believe every client and community member matters. Our goal is to do our best to ensure that every experience with our studio will exceed your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem. To do that, please e-mail us at xxxxxx@xxxxxxxxxxxxxx.xxx or write to us at Natural Pilates & Bodyworks, 0000 Xxxxx Xxxxxx Xxxx, Xxxxxxx Hills 90212. Please include: (1) your name, (2) your address, (3) a description of your concerns, and (4) a description of the specific relief you seek. B. Arbitration Agreement By accepting the Terms, you and Natural Pilates & Bodyworks LLC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), xxx.xxxxxxx.xxx, or (2) the American Arbitration Association ("AAA"), xxx.xxx.xxx. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Natural Pilates initiates arbitration, it shall have the choice as between these two arbitration forums. WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THESE TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. C. Class Action Waiver You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Natural Pilates or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Natural Pilates. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general act...

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You and Sweet Balance agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Sweet Balance further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. You and Sweet Balance further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but not limited to, your right to a jury trial. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA“), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules“) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at xxx.xxx.xxx, or by calling AAA at (800) 000-0000. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against Sweet Balance; (2) preside over any kind of representative or class proceeding against Sweet Balance; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the ...