Common use of Binding Arbitration and Class Action Waiver Clause in Contracts

Binding Arbitration and Class Action Waiver. You and AtoB agree to resolve all Disputes arising under or in connection with this Platform Agreement as provided in this section on an individual basis. Make sure that you have read and understand the below. Any arbitration or other legal proceeding under this Platform Agreement will only be on an individual basis. Neither party may join with other parties to form a Consolidated Action. Each party waives its rights to file a lawsuit in court, to have its case decided by a jury, and to participate in a Consolidated Action against the other party. If you do not want to arbitrate all claims as provided in this Platform Agreement, then you have the right to reject such arbitration provisions by delivering a written notice to us at Xxxx Xxxxxxxxxxx Xxxxxx, Xxxxx #0000, Xxx Xxxxxxxxx, XX, 00000. Attention: Legal Department within thirty (30) days of the date you have entered into this Platform Agreement. Your rejection of any arbitration provisions does not affect any independent arbitration agreements with third parties, and you remain subject to any arbitration, class action or jury trial waiver or dispute resolution processes set out in those separate agreements. Company and AtoB agree to first attempt to resolve Disputes in good faith and in a timely manner. Where no resolution can be found, Disputes will be resolved by arbitration in San Francisco, California before a single arbitrator, as provided in this section, except that Disputes principally arising from protection of intellectual property rights or breach of confidential information will be resolved through litigation in accordance with Section 16.2. Arbitration will be administered by JAMS according to the rules and procedures in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law as

Binding Arbitration and Class Action Waiver. You READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and AtoB agree use the Product in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details. Initial Dispute Resolution: Trial Pro's Customer Support department is available on the web xxxxx://xxxxxxxx.xxx/support to address any concerns you may have regarding the Product. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in connection with this Platform Agreement equity. The arbitrator's award shall be binding on the parties and may be entered as provided a judgment in this section on an individual basisany court of competent jurisdiction. Make sure that you have read The JAMS Rules governing the arbitration may be accessed at xxxx://xxx.xxxxxxx.xxx/ or by calling JAMS at (000) 000-0000. Your arbitration fees and understand your share of arbitrator compensation shall be governed by the below. Any arbitration or other legal proceeding under this Platform Agreement will only be on an individual basis. Neither party may join with other parties to form a Consolidated Action. Each party waives its rights to file a lawsuit in courtJAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to have its case decided by the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a jurylawsuit, and to participate in a Consolidated Action against Trial Pro will pay the other partyadditional cost. If you do not want to arbitrate all claims as provided in The parties understand that, absent this Platform Agreementmandatory provision, then you they would have the right to reject such sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration provisions by delivering a written notice could exceed the costs of litigation and the right to us at Xxxx Xxxxxxxxxxx Xxxxxx, Xxxxx #0000, Xxx Xxxxxxxxx, XX, 00000discovery may be more limited in arbitration than in court. AttentionLocation: Legal Department within thirty (30) days of the date you have entered into this Platform Agreement. Your rejection of any arbitration provisions does not affect any independent arbitration agreements with third parties, and you remain subject to any arbitration, class action or jury trial waiver or dispute resolution processes set out in those separate agreements. Company and AtoB agree to first attempt to resolve Disputes in good faith and in a timely manner. Where no resolution can be found, Disputes will be resolved by arbitration in San Francisco, California before a single arbitrator, as provided in this section, except that Disputes principally arising from protection of intellectual property rights or breach of confidential information will be resolved through litigation in accordance with Section 16.2. Arbitration will be administered by JAMS according to the rules and procedures take place in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and ProceduresDenver, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law asColorado.

Binding Arbitration and Class Action Waiver. You and AtoB agree to resolve all Disputes arising under or in connection with this Platform Agreement as provided in this section on an individual basis. Make sure that you have read and understand If the below. Any arbitration or other legal proceeding under this Platform Agreement will only be on an individual basis. Neither party may join with other parties to form a Consolidated Action. Each party waives its rights to file a lawsuit in court, to have its case decided by a jury, and to participate in a Consolidated Action against the other party. If you do not want to arbitrate all claims as provided in this Platform Agreement, then you have the right to reject such arbitration provisions by delivering reach an agreed-upon solution within a written notice to us at Xxxx Xxxxxxxxxxx Xxxxxx, Xxxxx #0000, Xxx Xxxxxxxxx, XX, 00000. Attention: Legal Department within period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of the date you have entered into or relating to this Platform Agreement. Your rejection of any arbitration provisions does not affect any independent arbitration agreements with third partiesAgreement (including its formation, performance, and you remain subject to breach), and/or your participation in the Program shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules excluding any arbitration, rules or procedures governing or permitting class actions. The parties further agree that the arbitration shall be conducted in the parties’ respective individual capacities only and not as a class action or jury trial other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this Section 13.4 is void or dispute resolution processes set out unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in those separate agreements. Company and AtoB agree to first attempt to resolve Disputes in good faith and in a timely manner. Where no resolution can be found, Disputes will be resolved by arbitration state or federal court located in San Francisco, California before a single California. The arbitrator, as provided and not any federal, state or local court or agency, shall have exclusive authority to resolve all 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 is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in this sectiona court under law or in equity. The arbitrator’s award shall be written, except that Disputes principally arising from protection of intellectual property rights or breach of confidential information will and binding on you and Asana and judgment on the award rendered by the arbitrator(s) may be resolved through litigation entered in accordance with Section 16.2any court having jurisdiction thereof. Arbitration will be administered by JAMS according held in San Francisco, California. If any court or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the parties are not bound to arbitrate their claims, then the rules and procedures disputes, claims or controversies deemed not to be subject to arbitration must be litigated in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Proceduresstate or federal court located in San Francisco, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law asCalifornia.

Binding Arbitration and Class Action Waiver. You and AtoB agree to resolve all Disputes arising under or in connection with this Platform Agreement as provided in this section on an individual basis. Make sure that you have read and understand the below. Any arbitration or other legal proceeding under this Platform Agreement will only be on an individual basis. Neither party may join with other parties to form a Consolidated Action. Each party waives its rights to file a lawsuit in court, to have its case decided by a jury, and to participate in a Consolidated Action against the other party. If you do not want to arbitrate all claims as provided in this Platform Agreement, then you have the right to reject such arbitration provisions by delivering a written notice to us at Xxxx Xxxxxxxxxxx Xxxxxx, Xxxxx #0000, Xxx Xxxxxxxxx, XX, 00000. Attention: Legal Department within thirty (30) days of the date you have entered into this Platform Agreement. Your rejection of any arbitration provisions does not affect any independent arbitration agreements with third parties, and you remain subject to any arbitration, class action or jury trial waiver or dispute resolution processes set out in those separate agreements. Company and AtoB agree to first attempt to resolve Disputes in good faith and in a timely manner. Where no resolution can be found, Disputes will be resolved by arbitration in San Francisco, California before a single arbitrator, as provided in this section, except that Disputes principally arising from protection of intellectual property rights or breach of confidential information will be resolved through litigation in accordance with Section 16.23.4. Arbitration will be administered by JAMS according to the rules and procedures in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law asas described in Section 3.4. If JAMS cannot administer the Dispute, either party may petition the US District Court for the Northern District of California to appoint an arbitrator. The parties acknowledge that Transactions under this Platform Agreement may involve matters of interstate commerce and, notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of this Platform Agreement. Either party may commence arbitration by providing a written demand for arbitration to JAMS and the other party detailing the subject of the Dispute and the relief requested. Each party will continue to perform its obligations under this Platform Agreement unless that obligation or the amount (to the extent in Dispute) is itself the subject of the Dispute. Nothing in this Platform Agreement affects the right of a party to seek urgent injunctive or declaratory relief from a court of appropriate jurisdiction in respect of a Dispute or any matter arising under this Platform Agreement. The prevailing party is entitled to recover its reasonable attorneys' fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded. Proceedings and information related to them will be maintained as confidential, including the nature and details of the Dispute, evidence produced, testimony given, and the outcome of the Dispute, unless such information was already in the public domain or was independently obtained. Company and AtoB, and all witnesses, advisors, and arbitrators will only share such information as necessary to prepare for or conduct arbitration or other legal proceeding, or enforcement of the outcome, unless additional disclosure is required by law.

Binding Arbitration and Class Action Waiver. You READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and AtoB agree use the Product in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Product from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details. Initial Dispute Resolution: Trial Boom’s Customer Support department is available on the web xxxxx://xxx.xxxxxxxxx.xxx/support to address any concerns you may have regarding the Product. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Product shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in connection with this Platform Agreement equity. The arbitrator's award shall be binding on the parties and may be entered as provided a judgment in this section on an individual basisany court of competent jurisdiction. Make sure that you have read The JAMS Rules governing the arbitration may be accessed at xxxx://xxx.xxxxxxx.xxx/ or by calling JAMS at (000) 000-0000. Your arbitration fees and understand your share of arbitrator compensation shall be governed by the below. Any arbitration or other legal proceeding under this Platform Agreement will only be on an individual basis. Neither party may join with other parties to form a Consolidated Action. Each party waives its rights to file a lawsuit in courtJAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to have its case decided by the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a jurylawsuit, and to participate in a Consolidated Action against Trial Boom will pay the other partyadditional cost. If you do not want to arbitrate all claims as provided in The parties understand that, absent this Platform Agreementmandatory provision, then you they would have the right to reject such sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration provisions by delivering a written notice could exceed the costs of litigation and the right to us at Xxxx Xxxxxxxxxxx Xxxxxx, Xxxxx #0000, Xxx Xxxxxxxxx, XX, 00000discovery may be more limited in arbitration than in court. AttentionLocation: Legal Department within thirty (30) days of the date you have entered into this Platform Agreement. Your rejection of any arbitration provisions does not affect any independent arbitration agreements with third parties, and you remain subject to any arbitration, class action or jury trial waiver or dispute resolution processes set out in those separate agreements. Company and AtoB agree to first attempt to resolve Disputes in good faith and in a timely manner. Where no resolution can be found, Disputes will be resolved by arbitration in San Francisco, California before a single arbitrator, as provided in this section, except that Disputes principally arising from protection of intellectual property rights or breach of confidential information will be resolved through litigation in accordance with Section 16.2. Arbitration will be administered by JAMS according to the rules and procedures take place in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and ProceduresDenver, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law asColorado.

Binding Arbitration and Class Action Waiver. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You and AtoB may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to resolve all Disputes arising under the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in connection with this Platform Agreement as provided in this section on an individual basis. Make sure that you have read court and understand the belowmay be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or other legal proceeding under vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this Platform Agreement will arbitration agreement is for any reason held to be unenforceable, any litigation against us may be commenced only be on an individual basisin the federal or state courts located in Wilmington, Delaware, United States of America. Neither party You hereby irrevocably consent to the jurisdiction of those courts for such purposes. You may join with other parties opt out of this agreement to form a Consolidated Action. Each party waives its rights to file a lawsuit in court, to have its case decided by a jury, and to participate in a Consolidated Action against the other partyarbitrate. If you do not want so, neither you nor we can require the other to arbitrate all claims as provided participate in this Platform Agreementan arbitration proceeding. To opt out, then you have the right to reject such arbitration provisions by delivering a written notice to must notify us at Xxxx Xxxxxxxxxxx Xxxxxx, Xxxxx #0000, Xxx Xxxxxxxxx, XX, 00000. Attention: Legal Department in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your ZELF account to which the opt out applies and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the date you have entered into Agreement To Arbitrate. You must use this Platform Agreement. Your rejection of any arbitration provisions does not affect any independent arbitration agreements with third partiesaddress to opt out: Zelf Technologies, and you remain subject to any arbitrationInc. 00 Xxxx 00xx Xx, class action or jury trial waiver or dispute resolution processes set out in those separate agreements. Company and AtoB agree to first attempt to resolve Disputes in good faith and in a timely manner. Where no resolution can be foundXx 0 Xxx Xxxx, Disputes will be resolved by arbitration in San Francisco, California before a single arbitrator, as provided in this section, except that Disputes principally arising from protection of intellectual property rights or breach of confidential information will be resolved through litigation in accordance with Section 16.2. Arbitration will be administered by JAMS according to the rules and procedures in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law asXX 00000