Common use of Class and Collective Action Waivers Clause in Contracts

Class and Collective Action Waivers. Contractor and Nordstrom agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective action basis. Accordingly: i. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Provision in any case in which: (a) the dispute is filed as a class action and (b) a civil court of competent jurisdiction finds the Class Action Waiver is unenforceable. In such instances, the class action must be litigated in a civil court of competent jurisdiction. ii. There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action (“Collective Action Waiver”). The Collective Action Waiver shall not be severable from this Arbitration Provision in any case in which (a) the dispute is filed as a collective action and (b) a civil court of competent jurisdiction finds the Collective Action Waiver is unenforceable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction. iii. Disputes regarding the validity and enforceability of the Class Action Waiver and/or the Collective Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. iv. The Class Action Waiver and Collective Action Waiver, and any other provision of this Arbitration Provision, shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.

Class and Collective Action Waivers. Contractor Employee and Nordstrom the Company agree to bring any dispute in arbitration only on their own behalfan individual basis only, and not on a class class, collective, multiple-plaintiff, or collective private attorney general representative action basis. Accordingly, the Employee and Company agree as follows: i. (a) There will be no right or authority for any dispute to be brought, heard heard, or arbitrated as a class action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Provision Agreement in any case in which: which (a1) the dispute is filed as a class action action; and (b2) a civil court of competent jurisdiction finds the Class Action Waiver is unenforceable. In such instances, the class action must be litigated in a civil court of competent jurisdiction. ii. (b) There will be no right or authority for any dispute to be brought, heard heard, or arbitrated as a collective action (“Collective Action Waiver”). The Collective Action Waiver shall not be severable from this Arbitration Provision Agreement in any case in which (a1) the dispute is filed as a collective action action; and (b2) a civil court of competent jurisdiction finds the Collective Action Waiver is unenforceable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction. iii(c) There will be no right or authority for any dispute to be brought, heard, or arbitrated jointly with other plaintiffs (“Multiple-Plaintiff Waiver”). Disputes regarding The Multiple-Plaintiff Waiver shall not be severable from this Agreement in any case in which (1) the validity dispute is filed as a single plaintiff case and enforceability other plaintiffs seek to join their cases together; and (2) a civil court of competent jurisdiction finds the Multiple-Plaintiff Waiver is unenforceable. In such instances, the multiple-plaintiff action(s) must be litigated in a civil court of competent jurisdiction. (d) There will be no right or authority for any dispute to be arbitrated as a private attorney general representative action. Any private attorney general claim must be litigated in a civil court of competent jurisdiction. The parties agree that any private attorney general action shall be stayed pending resolution of all claims that are properly subject to arbitration. (e) Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver and/or the or Collective Action Waiver is invalid, unenforceable, unconscionable, void, or voidable may be resolved determined only by a civil court of competent jurisdiction and not by an arbitrator. iv. (f) The Class Action Waiver and Collective Action Waiver, and any other provision of this Arbitration Provision, Waiver shall be severable from this agreement in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the individual action proceeds in arbitration.

Class and Collective Action Waivers. Contractor The Company and Nordstrom you agree to bring any dispute in arbitration only claim on their own behalf, an individual basis and not on a class or and/or collective action basis. Accordingly: i. (a) There will be no right or authority for any dispute to be brought, heard heard, or arbitrated as a class action action, and the Arbitrator will have no authority to hear or preside over any such claim (“"Class Action Waiver”"). The Class Action Waiver shall not be severable from this Arbitration Provision in any case in which: (a) the dispute Agreement if there is filed as a class action and (b) a civil court of competent jurisdiction finds final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such instances, the class action must be litigated in a civil court of competent jurisdiction—not in arbitration. ii. (b) There will be no right or authority for any dispute to be brought, heard heard, or arbitrated as a collective action action, and the Arbitrator will have no authority to hear or preside over any such claim (“"Collective Action Waiver”"). The Collective Action Waiver shall not be severable from this Arbitration Provision in any case in which (a) the dispute Agreement if there is filed as a collective action and (b) a civil court of competent jurisdiction finds 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. iii—not in arbitration. Disputes regarding Regardless of anything else in this Agreement and/or the validity and enforceability AAA Rules, or any amendments and/or modifications to those rules, any claim that all or part of the Class Action Waiver and/or the Collective Action Waiver is invalid, unenforceable, unconscionable, void, or voidable, may be resolved determined only by a civil court of competent jurisdiction and not by an arbitrator. iv. The Class Action Waiver and Collective Action Waiver, and any other provision of this Arbitration Provision, shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.

Class and Collective Action Waivers. Contractor Customer and Nordstrom Rev mutually agree that by entering into this Agreement and agreeing to bring the arbitration provisions set forth herein, both waive their right to have any dispute in arbitration only on their own behalf, and not on a class or collective action basis. Accordingly: i. There will be no right or authority for any dispute to be 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 shall not will be severable from the arbitration agreement in this Arbitration Provision Agreement in any case in which: which (a1) the dispute is filed as a class and/or collective action and (b2) there is a civil court final judicial determination that all or part of competent jurisdiction finds the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instancescase, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction. ii. There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action (“Collective Action Waiver”). The Collective Action Waiver shall not be severable from this Arbitration Provision in any case in which (a) but the dispute is filed as a collective action and (b) a civil court of competent jurisdiction finds the Collective Action Waiver is unenforceable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction. iii. Disputes regarding the validity and enforceability portion of the Class Action Waiver and/or the Collective Action Waiver may that is enforceable shall be resolved only by a civil court of competent jurisdiction and not by an arbitrator. ivenforced in arbitration. No Waiver. The Class Action Waiver and Collective Action Waiverfailure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, and nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any waiver of the provisions of this Agreement, or of any breach or default hereunder, must be set forth in a written instrument signed by the party against which such waiver is to be enforced. Force Majeure. Neither party shall be liable for any failure to perform under this Agreement to the extent due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection or any other provision cause beyond the reasonable control of the party invoking this Arbitration Provision, shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitrationprovision.

Class and Collective Action Waivers. Contractor and Nordstrom agree to bring any dispute in arbitration only on their own behalfa. BOTH THE COMPANY AND I AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, and not on a class or collective action basisAND NOT ON A CLASS BASIS ON BEHALF OF OTHERS. Accordingly: i. There will be no right or authority for any dispute to be broughtTHERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, heard or arbitrated as a class action HEARD, DECIDED, OR ARBITRATED AS A CLASS ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLAIM (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Provision in any case in which: (a) the dispute is filed as a class action and (b) a civil court of competent jurisdiction finds the Class Action Waiver is unenforceable. In such instances, the class action must be litigated in a civil court of competent jurisdiction. iib. BOTH THE COMPANY AND I AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A COLLECTIVE ACTION BASIS ON BEHALF OF OTHERS. There will be no right or authority for any dispute to be broughtTHERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, heard or arbitrated as a collective action HEARD, DECIDED, OR ARBITRATED AS A COLLECTIVE ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLAIM (“Collective Action Waiver”). The Collective Action Waiver shall not be severable from this Arbitration Provision in any case in which (a) In the dispute event a final judicial determination is filed as a collective action and (b) a civil court of competent jurisdiction finds the Collective Action Waiver is unenforceable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction. iii. Disputes regarding the validity and enforceability of made that the Class Action Waiver and/or the Collective Action Waiver is unenforceable and that a class and/or collective action may proceed notwithstanding the existence of this Agreement, the Arbitrator is nevertheless without authority to preside over a class and/or collective action and any class or collective action must be resolved only by brought in a civil court of competent jurisdiction and jurisdiction—not by an arbitrator. iv. The in arbitration—but the portion of the Class or Collective Action Waiver and Collective Action Waiver, and any other provision of this Arbitration Provision, shall that is enforceable will be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds enforced in arbitration.