Common use of Class and Collective Action Waivers Clause in Contracts

Class and Collective Action Waivers. Customer and Rev mutually agree that by entering into this Agreement and agreeing to the arbitration provisions set forth herein, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an arbitrator will not have any authority to hear or arbitrate any class and/or collective (“Class Action Waiver”). Notwithstanding any other clause contained in the arbitration provision set forth in Section 11(j) or the AAA rules, 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. The Class Action Waiver will be severable from the arbitration agreement in this Agreement in any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Class and Collective Action Waivers. Customer The Company and Rev mutually I agree that by entering into this Agreement and agreeing to the arbitration provisions set forth hereinbring any claim on an individual basis only. Accordingly, both waive their right to have any dispute or claim broughtTHE COMPANY AND I WAIVE ANY RIGHT FOR ANY DISPUTE TO BE BROUGHT, heard or arbitrated as a class action and/or collective actionHEARD, and an arbitrator will not have any authority to hear or arbitrate any class and/or collective DECIDED OR ARBITRATED AS A CLASS AND/OR COLLECTIVE ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLAIM (“Class Action Waiver”). In the event a final judicial determination is made that the Class Action Waiver is unenforceable and that a class or collective action may proceed notwithstanding the existence of this Agreement, the Arbitrator is nevertheless without authority to preside over a class or collective action and any class or collective action must be brought in a court of competent jurisdiction—not in arbitration. Notwithstanding any other clause contained or language in this Agreement and/or any rules or procedures that might otherwise apply by virtue of this Agreement (including without limitation the arbitration provision set forth in Section 11(jAAA Rules discussed above) or the AAA any amendments and/or modifications to those rules, any claim that all the Class Action Waiver or part any portion of this the Class Action Waiver is unenforceable, inapplicable, unconscionable, or void or voidable may voidable, will be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver will be severable from the arbitration agreement in this Agreement in any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Class and Collective Action Waivers. Customer The Company and Rev mutually you agree that by entering into this Agreement to bring any claim on an individual basis and agreeing to the arbitration provisions set forth herein, both waive their not on a class and/or collective action basis. Accordingly, (a) There will be no right to have or authority for any dispute or claim to be brought, heard or arbitrated as a class action and/or collective action, and an arbitrator the Arbitrator will not have any no authority to hear or arbitrate preside over any class and/or collective such claim (“"Class Action Waiver”"). Notwithstanding any other clause contained in the arbitration provision set forth in Section 11(j) or the AAA rules, 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. The Class Action Waiver will shall be severable from the arbitration agreement in this Agreement in any case in which (1) the dispute is filed as a class and/or collective action and (2) if there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such caseinstances, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction—not in arbitration. (b) There will be no right or authority for any dispute to be brought, but heard or arbitrated as a collective action and the portion Arbitrator will have no authority to hear or preside over any such claim ("Collective Action Waiver"). The Collective Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Collective Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction —not in arbitration. Regardless of anything else in this Agreement and/or the AAA Rules, or any amendments and/or modifications to those rules, any claim that all or part of the Class Action Waiver that and/or Collective Action Waiver is enforceable shall invalid, unenforceable, unconscionable, void or voidable, may be enforced in arbitrationdetermined only by a court of competent jurisdiction and not by an arbitrator.

Class and Collective Action Waivers. Customer The Company and Rev mutually you agree that by entering into this Agreement to bring any claim on an individual basis and agreeing to the arbitration provisions set forth herein, both waive their not on a class and/or collective action basis. Accordingly, (a) There will be no right to have or authority for any dispute or claim to be brought, heard or arbitrated as a class action and/or collective action, and an arbitrator the Arbitrator will not have any no authority to hear or arbitrate preside over any class and/or collective such claim (“"Class Action Waiver”"). Notwithstanding any other clause contained in the arbitration provision set forth in Section 11(j) or the AAA rules, 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. The Class Action Waiver will shall be severable from the arbitration agreement in this Agreement in any case in which (1) the dispute is filed as a class and/or collective action and (2) if there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such caseinstances, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction—not in arbitration. (b) There will be no right or authority for any dispute to be brought, but heard or arbitrated as a collective action and the portion Arbitrator will have no authority to hear or preside over any such claim ("Collective Action Waiver"). The Collective Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Collective Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction—not in arbitration. Regardless of anything else in this Agreement and/or the AAA Rules, or any amendments and/or modifications to those rules, any claim that all or part of the Class Action Waiver that and/or Collective Action Waiver is enforceable shall invalid, unenforceable, unconscionable, void or voidable, may be enforced in arbitrationdetermined only by a court of competent jurisdiction and not by an arbitrator.