Arbitration Class Action Waiver. You, Processor and Bank agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated on a consolidated, representative, or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between Processor any anyone who is not a named party to the arbitration. 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. The arbitrator’s award, if any, shall not apply to any person or entity that is not a party to the arbitration. Any questions regarding the enforceability of this Section shall be decided by a court and not the arbitrator. If any portion of this Section is deemed invalid or unenforceable, then the entire arbitration provision in this Section (other than this sentence and the Section below) shall be null and void and not apply. In no case shall an arbitration proceed on a class basis.
Appears in 3 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Arbitration Class Action Waiver. You, Processor and Bank agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated on a consolidated, representative, or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between Processor any anyone who is not a named party to the arbitration. 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. The arbitrator’s award, if any, shall not apply to any person or entity that is not a party to the arbitration. Any questions regarding the enforceability of this Section 18A shall be decided by a court and not the arbitrator. If any portion of this Section 18A is deemed invalid or unenforceable, then the entire arbitration provision in this Section 18A (other than this sentence and the Section below18B) shall be null and void and not apply. In no case shall an arbitration proceed on a class basis.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Arbitration Class Action Waiver. You, Processor Payroc and Bank DCS agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated on a consolidated, representative, or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between Processor any anyone who is not a named party to the arbitration. 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. The arbitrator’s award, if any, shall not apply to any person or entity that is not a party to the arbitration. Any questions regarding the enforceability of this Section shall be decided by a court and not the arbitrator. If any portion of this Section is deemed invalid or unenforceable, then the entire arbitration provision in this Section (other than this sentence and the Section below) shall be null and void and not apply. In no case shall an arbitration proceed on a class basis.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Arbitration Class Action Waiver. You, Processor and Bank agree that arbitration shall proceed solely on an individual basis and that any Dispute shall not be arbitrated as a class action, shall not be consolidated with the claims of any other party, and shall not be arbitrated on a consolidated, representative, or private attorney general basis. The award or decision in the arbitration will not have any preclusive effect as to issues or claims involved in any proceeding between Processor any anyone who is not a named party to the arbitration. 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. The arbitrator’s award, if any, shall not apply to any person or entity that is not a party to the arbitration. Any questions regarding the enforceability of this Section 18A shall be decided by a court and not the arbitrator. If any Ifany portion of this Section 18A is deemed invalid or unenforceable, then the entire arbitration provision in this Section 18A (other than this sentence and the Section below18B) shall be null and void and not apply. In no case shall an arbitration proceed on a class basis.
Appears in 1 contract
Samples: Terms and Conditions