Common use of CLASS ACTION AND JURY TRIAL WAIVER Clause in Contracts

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.

Appears in 4 contracts

Samples: Subscription Agreement Terms and Conditions, Subscription Agreement Terms and Conditions, Subscription Agreement Terms and Conditions

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CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT ANY DISPUTE TO INCLUDE, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIMS BASED IN TORT, NEGLIGENCE, PRODUCT LIABILITY, FRAUD, MARKETING, STATE OR FEDERAL REGULATIONS, ANY CLAIMS REGARDING THE ENFORCEABILITY OF THIS LIMITED WARRANTY, AND THE WAIVER OF JURY AND CLASS ACTION TRIALS (“DISPUTED CLAIMS”) MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT YOU AND GO WEATHER SHIELD ARE EACH WAIVE THEIR WAIVING THE RIGHT TO A TRIAL BY JURY AND AGREE TO HAVE ALL DISPUTES HEARD AND DECIDED SOLELY BY A STATE OR FEDERAL COURT. OPT-OUT PROCEDURE YOU MAY CHOOSE TO OPT OUT OF THE CLASS ACTION AND JURY TRIAL OR TO PARTICIPATE IN WAIVER BY SUBMITTING A WRITTEN OPT-OUT FORM THAT CAN BE FOUND ON WEATHER SHIELD’S WEBSITE, XXX.XXXXXXXXXXXXX.XXX/XXXXXX, WITHIN SIXTY (60) DAYS FROM THE DATE YOUR WEATHER SHIELD PRODUCT IS INSTALLED. OPTING OUT OF THE CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE JURY TRIAL WAIVER WILL NOT AFFECT 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 TERMS 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 LIMITED WARRANTY WHICH 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 jurisdictionREMAIN IN EFFECT.

Appears in 2 contracts

Samples: weathershield.com, www.weathershield.com

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO POF EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND POF EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST POF. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE EXHAUSTED OR OTHER PROCEDURES THE DECISION IS OTHERWISE FINAL, THEN YOU AND POF AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 2 contracts

Samples: Terms of Use Agreement, Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO POF EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURING IN CONNECTION WITH YOUR USE OF THE SERVICES, AS PROVIDED HEREIN). YOU AND POF EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST POF. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND POF AGREE THAT THAT PARTICULAR CLAIM OR OTHER PROCEDURES REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND GO XXXXX EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO XXXXX 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 GOXXXXX’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 “GOXXXXX” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO XXXXX 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 GOXxxxx’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.

Appears in 1 contract

Samples: Subscription Agreement Terms and Conditions

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO UPWARD EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND UPWARD EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST UPWARD. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND UPWARD AGREE THAT THAT PARTICULAR CLAIM OR OTHER PROCEDURES REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO UPWARD EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND UPWARD EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST UPWARD. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE EXHAUSTED OR OTHER PROCEDURES THE DECISION IS OTHERWISE FINAL, THEN YOU AND UPWARD AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO YUZU EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND YUZU EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST YUZU. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND XXXX AGREE THAT THAT PARTICULAR CLAIM OR OTHER PROCEDURES REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO HINGE EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND HINGE EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST HINGE. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE EXHAUSTED OR OTHER PROCEDURES THE DECISION IS OTHERWISE FINAL, THEN YOU AND HINGE AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO STIR EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND STIR EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST STIR. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE EXHAUSTED OR OTHER PROCEDURES THE DECISION IS OTHERWISE FINAL, THEN YOU AND STIR AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR CLASS-WIDE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT. 15C. DISPUTE RESOLUTION THROUGH ARBITRATION OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contractSMALL CLAIMS COURT Any dispute, tort, statuteclaim, or controversy between you and Stir (that is not resolved informally by Stir Customer Service or as provided under subsection 15a above) that arises from or relates in any other legal theory, and all Claims that arose prior way to or after termination this Agreement (including any alleged breach 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.the

Appears in 1 contract

Samples: Use Agreement

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CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO MATCH EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND MATCH EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST MATCH. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE EXHAUSTED OR OTHER PROCEDURES THE DECISION IS OTHERWISE FINAL, THEN YOU AND MATCH AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR CLASS-WIDE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT. 15C. DISPUTE RESOLUTION THROUGH ARBITRATION OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contractSMALL CLAIMS COURT Any dispute, tort, statuteclaim, or controversy between you and Match (that is not resolved informally by Match Customer Service or as provided under subsection 15a above) that arises from or relates in any other legal theory, and all Claims that arose prior way to or after termination this Agreement (including any alleged breach of this Agreement. However), the parties agree that either party may bring an individual action in a small claims court Services, or our relationship with valid jurisdictionyou (collectively, provided that the action remains in that court (other than any appeal of the small claims court ruling"Dispute"), 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 shall be brought in a court with valid jurisdiction.exclusively resolved through BINDING INDIVIDUAL

Appears in 1 contract

Samples: Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO BLK EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND BLK EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST BLK. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND BLK AGREE THAT THAT PARTICULAR CLAIM OR OTHER PROCEDURES REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO POF EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND POF EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST POF. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND XXX AGREE THAT THAT PARTICULAR CLAIM OR OTHER PROCEDURES REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT ANY DISPUTE TO INCLUDE, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIMS BASED IN TORT, NEGLIGENCE, PRODUCT LIABILITY, FRAUD, MARKETING, STATE OR FEDERAL REGULATIONS, ANY CLAIMS REGARDING THE ENFORCEABILITY OF THIS LIMITED WARRANTY, AND THE WAIVER OF JURY AND CLASS ACTION TRIALS (“DISPUTED CLAIMS”) MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT YOU AND GO WEATHER SHIELD ARE EACH WAIVE THEIR WAIVING THE RIGHT TO A TRIAL BY JURY AND AGREE TO HAVE ALL DISPUTES HEARD AND DECIDED SOLELY BY A STATE OR FEDERAL COURT. OPT-OUT PROCEDURE YOU MAY CHOOSE TO OPT OUT OF THE CLASS ACTION AND JURY TRIAL OR TO PARTICIPATE IN WAIVER BY SUBMITTING A WRITTEN OPT-OUT FORM THAT CAN BE FOUND ON WEATHER SHIELD’S WEBSITE, XXX.XXXXXXXXXXXXX.XXX/XXXXXX, WITHIN SIXTY (60) DAYS FROM THE DATE YOUR WEATHER SHIELD PRODUCT IS INSTALLED. OPTING OUT OF THE CLASS ACTION PURSUANT AND JURY TRIAL WAIVER WILL NOT AFFECT ANY OTHER TERMS OF THIS LIMITED WARRANTY WHICH WILL REMAIN IN EFFECT. Applicable Law All Disputed Claims shall be governed and construed in accordance with the internal laws of the State of Wisconsin, regardless of any choice of law doctrine. GENERAL PROVISIONS Selection and purchase of WEATHER SHIELD products which conform to all applicable building codes and local ordinances is the sole responsibility of the architect, building contractor or homeowner. WEATHER SHIELD assumes no responsibility for compliance with local building codes or ordinances, or for calculation and design of support mullions, structural support, or flashing required for installation. Consult with your local building code officials and/or a qualified contractor, architect or engineer for specific requirements. THERE ARE NO OTHER EXPRESS WARRANTIES EXCEPT AS SET FORTH HEREIN. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE FOLLOWING TERMSPERIODS OF COVERAGE OF THE EXPRESS WARRANTIES SET FORTH IN THIS LIMITED WARRANTY. YOU AND GO AGREE TO ARBITRATE WEATHER SHIELD SHALL NOT BE LIABLE FOR APPLICABLE TAXES OR ANY AND ALL CLAIMS, CONTROVERSIES INCIDENTAL OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, CONSEQUENTIAL DAMAGES INCLUDING, CLAIMS RELATING BUT NOT LIMITED TO, DAMAGE OR LOSS TO GO’S PRODUCTS AND SERVICESPERSONS OR OTHER PROPERTY. Some states do not allow limitations on how long an implied warranty lasts, CHARGESand some states do not allow the exclusion or limitation of incidental or consequential damages, ADVERTISINGSso these limitations and exclusions may not apply to you. This warranty gives you specific legal rights, OR VEHICLESand you may also have other rights which vary from state to state. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISIONIf any clause herein is found to be illegal or unenforceable, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENTthat clause will be severed from this Limited Warranty and the remainder of the Limited Warranty will be given full force and effect. NO DISTRIBUTOR, AND ANY OF YOUR AGENTSSALESPERSON, BENEFICIARIES OR ASSIGNSDEALER, 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 RETAILER OR OTHER REPRESENTATIVE ACTION OF WEATHER SHIELD PRODUCTS HAS THE AUTHORITY TO ALTER OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION CHANGE THESE WARRANTIES OR TO DECIDE MAKE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OTHER WARRANTY EITHER ORALLY 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 jurisdictionIN WRITING.

Appears in 1 contract

Samples: www.schaafwindow.com

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND GO BLK EACH WAIVE THEIR THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND BLK EACH WAIVE THE RIGHT TO FILE OR TO PARTICIPATE IN A CLASS ACTION PURSUANT AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST BLK. TO THE FOLLOWING TERMS. YOU AND GO AGREE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO ARBITRATE ANY AND ALL CLAIMSBE ARBITRATED OR LITIGATED ON A CLASS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENTCOLLECTIVE, INCLUDINGREPRESENTATIVE, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGSCONSOLIDATED, OR VEHICLESPRIVATE ATTORNEY GENERAL BASIS. FOR THE PURPOSES ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THIS DISPUTE RESOLUTION PROVISIONTHE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNSAGAINST, OR ANYONE ACTING ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE FOREGOINGARBITRATION ON A CLASS, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEESCOLLECTIVE, AGENTSREPRESENTATIVE, 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 BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON REQUEST FOR RELIEF (SUCH AS A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASISREQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT NO RULES DECISION ARE EXHAUSTED OR OTHER PROCEDURES THE DECISION IS OTHERWISE FINAL, THEN YOU AND BLK AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR CLASS-WIDE OR COLLECTIVE RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION WILL APPLYOF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. This Section is to be broadly interpreted and applies to all Claims based in contractIF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this AgreementTHEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. 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 jurisdictionTHIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

Appears in 1 contract

Samples: Terms of Use Agreement

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