Common use of BINDING ARBITRATION AND CLASS ACTION WAIVER Clause in Contracts

BINDING ARBITRATION AND CLASS ACTION WAIVER. If You and Wheels cannot resolve a Claim or Losses, within sixty (60) days of the receipt of the notice, then You agree that that any such Claim or Losses and all other disputes arising out of or 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 are void or voidable, or whether a claim is subject to arbitration relating to Your use of the Services, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and Wheels agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or Losses arising between You and Wheels regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. This Section 9 and provisions on binding arbitration and class action waiver shall survive any termination of your Account or the Services.

Appears in 3 contracts

Samples: Wheels Rental Agreement, Wheels Rental Agreement, Wheels Rental Agreement

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BINDING ARBITRATION AND CLASS ACTION WAIVER. If You and Wheels cannot resolve a Claim or Losses, within sixty (60) days of the receipt of the notice, then You agree that that any such Claim or Losses and all other disputes arising out of or 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 are void or voidable, or whether a claim is subject to arbitration relating to Your use of the ServicesServices or Your Use of the Vehicles, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and Wheels agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or Losses arising between You and Wheels regarding this Agreement and the Services, including Your Use of the Vehicles, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. This Section 9 10 and provisions on binding arbitration and class action waiver shall survive any termination of your Your Account or the Services.

Appears in 1 contract

Samples: Rental Agreement

BINDING ARBITRATION AND CLASS ACTION WAIVER. If You and Wheels cannot resolve a Claim or Losses, within sixty (60) days of the receipt of the notice, then You agree that that any such Claim or Losses and all other disputes arising out of or 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 are void or voidable, or whether a claim is subject to arbitration relating to Your use of the Services, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and Wheels agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or Losses arising between You and Wheels regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. This Section 9 10 and provisions on binding arbitration and class action waiver shall survive any termination of your Account or the Services.

Appears in 1 contract

Samples: Wheels Rental Agreement

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BINDING ARBITRATION AND CLASS ACTION WAIVER. If You and Wheels cannot resolve a Claim or Losses, within sixty (60) days of the receipt of the notice, then You agree that that any such Claim or Losses and all other disputes arising out of or 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 are void or voidable, or whether a claim is subject to arbitration relating to Your use of the ServicesVehicle, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and Wheels agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or Losses arising between You and Wheels regarding this Agreement and the ServicesAgreement, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. This Section 9 and provisions on binding arbitration and class action waiver shall survive any termination of your Account or the Services.

Appears in 1 contract

Samples: Wheels Purchase Agreement

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