ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant, as applicable) agree that any dispute, controversy or claim arising out of or relating to this Agreement or your purchase, acceptance or use of any Card, including the determination of the scope or applicability of this Agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Card Company or Xxxxxxx (or the Franchisee or participating restaurant) may take claims to small claims court if they qualify for hearing by such a court. You also agree that this Section 10 shall apply to any dispute with other parties arising out of or relating to this Agreement or the purchase or use of any Card, including the determination of the scope or applicability of this Section 10, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court. YOU, CARD COMPANY AND XXXXXXX (OR THE FRANCHISEE OR PARTICIPATING RESTAURANT) AGREE THAT EACH 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 AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. You, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) agree to waive the right to trial by jury. This Section 10 extends to claims that you assert against other parties arising out of or relating to this Agreement or the purchase, acceptance or use of the Card. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Section 10. This Section 10 shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this Section 10 is deemed invalid or inapplicable, the remainder of this Agreement, including Section 10, shall still be considered valid and enforceable. If any part of this Section 10 is deemed invalid or inapplicable, you, Card Company and Xxxxxxx (or the Franchisee or participating restaurant) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any r...
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. 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. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Dwell at Home, Inc. (“Dwell at Home,” “we,” or “us”) and, to the extent expressly stated. 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 w xx.xxxxxxxxxxx.xxx, any of our applications, or any part of the rest of the Site. Subject to the conditions set forth herein, Xxxxx at Home 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. Dwell at Home 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 Xxxxx at Home, Dwell at Home 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 BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.
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.
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. 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.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. As a condition of Employee’s employment with XxXxxxx, and in consideration of Employee’s employment or continued employment with the Company as stated above, Employee agrees to the following provisions:
