CLASS ACTION AND JURY TRIAL WAIVER Sample Clauses

CLASS ACTION AND JURY TRIAL WAIVER. Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.
AutoNDA by SimpleDocs
CLASS ACTION AND JURY TRIAL WAIVER. Any arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. The parties are each waiving the right to trial by jury. The parties are further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.
CLASS ACTION AND JURY TRIAL WAIVER. THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR THE PURPOSES OF LITIGATING DISPUTES HEREUNDER. Each party agrees that any dispute must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum in connection with any dispute. If the dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT DISPUTES BETWEEN YOU AND HEALTH CURRENT OR ITS VENDOR WILL BE RESOLVED IN ACCORDANCE WITH THIS SUBMISSION AGREEMENT AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION. YOU AND HEALTH CURRENT WAIVE ALL RIGHTS TO A JURY TRIAL AND ELECT INSTEAD TO HAVE A JUDGE RESOLVE THE DISPUTE.
CLASS ACTION AND JURY TRIAL WAIVER. This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and Upwork agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a Claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this Arbitration Provision or the JAMS Rules, the arbitrator will have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable. You and Upwork agree that you will not be retaliated against, disciplined or threatened with discipline as a result of exercising any rights under Section 7 of the National Labor Relations Act by filing or participating in a class, collective or representative action in any forum. However, Upwork may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims.
CLASS ACTION AND JURY TRIAL WAIVER. YOU UNDERSTAND THAT YOU ARE WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE BASIS IN COURT OR ARBITRATION. YOU AND THE BANK BOTH AGREE NOT TO SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING OR SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS.
AutoNDA by SimpleDocs
CLASS ACTION AND JURY TRIAL WAIVER. You and WB Games agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and WB Games may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or xxxx of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and WB Games may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or WB Games may participate in a class-wide settlement. To the fullest extent permitted by law, you and WB Games waive any right to a jury trial.
CLASS ACTION AND JURY TRIAL WAIVER. You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
CLASS ACTION AND JURY TRIAL WAIVER. THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR THE PURPOSES OF LITIGATING DISPUTES HEREUNDER. Each party agrees that any dispute must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum in connection with any dispute. If the dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. 集団訴訟及び陪審裁判✰放棄.両当事者は、「本契約」に基づく紛争を法廷で争う目的で、それぞれ自己✰ 陪審裁判を受ける権利を明示的に放棄します。各当事者は、あらゆる紛争は、集団訴訟、集合訴訟、代表訴訟、複数原告団又はそ✰他✰類似✰訴訟手続き(以下「集団訴訟」といいます)✰試みにおける原告又は集団✰構成員としてではなく、あくまで各当事者✰個人として✰資格において提起しなければならないことに合意します。両当事者は、あらゆる紛争に関し、いかなる法廷地においても「集団訴訟」を維持する法的資 格を明示的に放棄します。紛争が仲裁✰対象となる場合、仲裁人は、類似✰請求を併合又は集合する権限を有さないも✰とし、「集団訴訟」を行わず及び仲裁✰当事者ではない個人又は団体に仲裁判断を行わないも ✰とします。本「集団訴訟」放棄条項✰全部又は一部は法的に強制不能、非良心的、無効又は取消可能と✰主張については、これを仲裁人ではなく管轄裁判所が決定できるも✰とします。
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!