CLASS-ARBITRATION WAIVER. ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
CLASS-ARBITRATION WAIVER. ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN ANY FORM, INCLUDING ANY CLASS ARBITRATION, OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
CLASS-ARBITRATION WAIVER. Any arbitration will be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff, or similar basis. Any arbitration will not be consolidated with any other arbitration proceeding involving any other person.
CLASS-ARBITRATION WAIVER. ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY
CLASS-ARBITRATION WAIVER. ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTA- TIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDI- VIDUAL ARBITRATIONS. NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: ACNF, ARUF, ASPT, AWST, AWUF, AWUT, AMST, CAPF, CAPFA, CAPT, CAUF, CAUFA, CAPEA, CAPE, CHPF, CHPE, CSCF, CAPTA, CHPTA, CHPT, MBVC
CLASS-ARBITRATION WAIVER. Customer agrees and acknowledges that any claim is personal to Customer and shall only be conducted as an individual arbitration (or an individual court proceeding with respect to any claims determined not to be arbitrable) and not as a class action or other form of representative action. Customer expressly waives any rights to file or participate in a class action arbitration or suit or to seek relief on a class or representative basis. The arbitrator (or court with respect to any claims determined not to be arbitrable) may only conduct an individual arbitration (or court proceeding with respect to any claims determined not to be arbitrable), may not consolidate more than one individual’s claims, and may not preside over any form of representative or class proceeding relating to such claims.
CLASS-ARBITRATION WAIVER. ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTA- TIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDI- VIDUAL ARBITRATIONS. NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: DM80VC, DC80VC, DM96VC, DC96VC, DM97MC, DC97MC
CLASS-ARBITRATION WAIVER. ARBITRATION IS residents may choose JAMS (0000 Xxxx Xxxxxx, Xxx. 000, HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE Irvine, CA 92614, xxx.xxxxxxx.xxx) or, subject to our IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY approval, any other arbitration organization. In addi- RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE tion, Canadian residents may choose the ADR Institute OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY of Canada (000 Xxxxxxxx Xxx. East, Suite 405, Toronto, HAVE AGAINST US OR WE AGAINST YOU, OR AS A Ontario, M4P 1K5, xxx.xxxx.xxx). These organizations’ PRIVATE ATTORNEY GENERAL OR IN ANY OTHER rules can be obtained by contacting the organization REPRESENTATIVE CAPACITY, TO THE MAXIMUM or visiting its website. If the chosen arbitration EXTENT PERMITTED BY LAW. YOU AND WE ALSO organization’s rules conflict with this Arbitration Clause, WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR the provisions of this Arbitration Clause control. The REPRESENTATIVE ACTION IN ANY FORM, INCLUDING award of the arbitrator(s) shall be final and binding on ANY CLASS ARBITRATION, OR ANY CONSOLIDATION OF all parties. INDIVIDUAL ARBITRATIONS. Part No. PWCFURNUQNTC 07/2023 NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: CCVS80, CCVS96, GCVC80, GMVC80, GCVC96, GCVM97, GMVC96, GMVM97, GMVS80, GMVS96, GC9C96, GD9S96, GD9T80, GD9T96, GDVM97, GDVT80, GDVT96, GM9C96, GC9C80, GM9C80, GC9S96, GM9S96, GCEC96, GCEC80, GMEC80, GCES96, GMEC96, GMES96, GR9S96, GR9T80, GR9T96, GRVM97, GRVT80, GRVT96 8. Location of the Arbitration Hearing: Unless applicable 10. Survival and Enforceability of this Arbitration Clause: law provides otherwise, the arbitration hearing for This Arbitration Clause shall survive the expiration United States residents will be conducted in the federal or termination, or any transfer, of the warranty on judicial district in which you reside (in your hometown your unit. If any part of this Arbitration Clause, area) or, for Canadian residents, in the province in which except waivers of class-action rights, is found to be you reside, and if you choose, will be in person. unenforceable for any reason, the remainder of this 9. Costs of the Arbitration: Each party is responsible for its clause and the warranty shall remain enforceable. If, own attorney, expert, and other costs and fees unless in a case in which class-action allegations have been applicable law requires otherwise. Notwithstanding the made, the waiver of class-action rights under this preceding sentence, and unl...
CLASS-ARBITRATION WAIVER. EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF THE DIFFERENCE MAKER AND XXXXXXX.XXXXXX SPECIFICALLY AGREE THAT IT MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF THE DIFFERENCE MAKERS AND XXXXXXX.XXXXXX ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SUBSECTIONS 22(B) ABOVE AND 22(F) BELOW (BUT ONLY SUBSECTIONS 22(B) ABOVE AND 22(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SUBSECTIONS 22(D) AND 22(E) AND SECTION 24 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SUBSECTION 22(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THE DIFFERENCE MAKER AGREEMENT TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THE DIFFERENCE MAKER AGREEMENT.
CLASS-ARBITRATION WAIVER. ARBITRATION IS HAN- DLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBI-TRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESEN- TA-TIVE CAPACITY, TO THE MAXIMUM EXTENT PERMIT- XXX BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
