Common use of Dispute Resolution – Arbitration & Class Action Waiver Clause in Contracts

Dispute Resolution – Arbitration & Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FORMALLY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND FORMALLY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at xxxxxxx@xxxxxxxx.xx and you and Formally will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. Binding Arbitration. You and Formally agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Xxxxxxxx both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Formally in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non- class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Dispute Resolution – Arbitration & Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FORMALLY PAY TGTHR CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND FORMALLY PAY TGTHR TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at xxxxxxx@xxxxxxxx.xx xx@xxxxxxxx.xxx and you and Formally Pay Tgthr will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. Binding Arbitration. You and Formally Pay Tgthr agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Xxxxxxxx Pay Tgthr both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Formally Pay Tgthr in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non- class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Dispute Resolution – Arbitration & Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FORMALLY PRL CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND FORMALLY PRL TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at xxxxxxx@xxxxxxxx.xx xxxx@xxx.xxx and you and Formally PRL will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. Binding Arbitration. You and Formally PRL agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Xxxxxxxx PRL both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Formally PRL in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non- non-class, and non-non- representative basis, and only for so long as it remains in the small claims court and in an individual, non-non- class, and non-representative basis.

Dispute Resolution – Arbitration & Class Action Waiver. PLEASE READ YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT ITS JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE DATE YOUR BUCKEYE SERVICE BEGINS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW BELOW. OTHERWISE, YOU AND FORMALLY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILLWILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BUCKEYE THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES. a. You and Buckeye agree to arbitrate rather than litigate in court and any and all claims or disputes (including as against any parents, WITH LIMITED EXCEPTIONsubsidiaries, REQUIRE YOU AND FORMALLY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. You agree thataffiliates, in the event any dispute officers, directors, employees, or claim arises agents of Buckeye) that arise out of or relating in any way relate to: (1) this Agreement; (2) Services that Buckeye provides to your use you in connection with this Agreement; (3) Equipment or Software that Buckeye makes available to you; (4) bills that Buckeye sends to you or amounts that Buckeye charges you for services or goods provided under this Agreement; and (5) any services or goods that Buckeye or any of its affiliated entities provide to you under any other agreement; provided, however, that in no event shall this provision prevent you from filing or joining a complaint with the Services, you will contact us at xxxxxxx@xxxxxxxx.xx and you and Formally will attempt in good faith Federal Communications Commission or any state public service commission or public utility commission that has jurisdiction to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), hear such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claimscomplaint, or any administrative federal, state, or legal actions without first local government agency that is authorized by law to seek relief against Buckeye on your behalf. The arbitration between you and Buckeye will be binding and judgment on the award rendered in the arbitration may be entered in any court having attempted to resolve jurisdiction thereof. b. In arbitration, there is no judge and no jury, and review of arbitration decisions in the matter courts is very limited. Instead, disputes are resolved by mediationan arbitrator, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. Binding Arbitrationwhose authority is governed by the terms of this Agreement. You and Formally Buckeye agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable an arbitrator may only award such relief in as a court of competent jurisdiction could award, limited to prevent the actual same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or threatened infringementdeclaratory relief if that relief is required or authorized by the applicable law, misappropriation, but such injunctive or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that declaratory relief may not extend beyond you and Xxxxxxxx both agree to waive the right to a trial by juryyour individual dealings with Buckeye. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding the foregoingthis arbitration agreement, you and Buckeye may bring a claim appropriate claims against Formally each other in “small claims” court, instead of by arbitration, but only claims court if the claim is eligible under the rules of claims fall within the small claims court and is brought in an individualcourt’s jurisdiction; or before the Federal Communications Commission, non- classthe relevant state public utilities commission, and non-representative basisor any other federal, and only for so long as it remains in the small claims court and in an individualstate, non-class, and non-representative basisor local government agency authorized by law to hear your claims.

Dispute Resolution – Arbitration & Class Action Waiver. PLEASE READ YOU HAVE THE RIGHT TO OPT OUT OF THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS DISPUTE RESOLUTION PROVISION (EXCEPT ITS JURY TRIAL WAIVER) WITHIN 30 DAYS OF RECEIPT OF THIS AGREEMENT, IF YOU FOLLOW THE PROCEDURES SET FORTH BELOW. IF YOU SO OPT OUT, THE SOLE VENUE FOR ANY ACTION UNDER THIS AGREEMENT OR ANY CLAIM ARISING, DIRECTLY OR INDIRECTLY, OUT OF THIS AGREEMENT OR THE SERVICES AT ISSUE ARE IN THE STATE OR FEDERAL COURTS LOCATED IN XXXXX COUNTY, OHIO, AND GOVERNS HOW THE PARTIES EXPRESSLY AGREE TO THE EXERCISE OF PERSONAL JURISDICTION IN THOSE COURTS. OTHERWISE, YOU AND FORMALLY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILLWILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH NYMBLE THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES. a. You and Nymble agree to arbitrate rather than litigate in court any and all claims or disputes between us (including any parents, WITH LIMITED EXCEPTIONsubsidiaries, REQUIRE YOU AND FORMALLY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. You agree thataffiliates, in the event any dispute related companies, officers, directors, employees, or claim arises agents of Nymble) that arise out of or relating in any way relate to: (1) this Agreement; (2) Services that Nymble provides to your use you; (3) Equipment or Software that Nymble makes available to you or that is used to access the Service; (4) amounts that Nymble charges you; and (5) any services or goods that Nymble or any of its affiliated entities provide to you, including claims that Nymble damaged persons or property in the Services, you will contact us at xxxxxxx@xxxxxxxx.xx and delivery of goods or services. The arbitration between you and Formally will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter Nymble will be deemed binding and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. In no event shall this provision prevent you from filing or joining a “Dispute” as defined below. Except for complaint with the right Federal Communications Commission or any state public service commission or public utility commission that has jurisdiction to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claimshear such complaint, or any administrative federal, state, or legal actions without first having attempted local government agency that is authorized by law to resolve seek relief against Nymble on your behalf. b. In arbitration, there is no judge and no jury, and review of arbitration decisions in the matter courts is very limited. Instead, our disputes will be resolved by mediationan arbitrator, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. Binding Arbitrationwhose authority is governed by the terms of this Agreement. You and Formally Nymble agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable an arbitrator may only award such relief in as a court of competent jurisdiction could award, limited to prevent the actual same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs only if a court would be authorized to do so, and may issue injunctive or threatened infringementdeclaratory relief if that relief is required or authorized by the applicable law, misappropriation, but that injunctive or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that declaratory relief may not extend beyond you and Xxxxxxxx both agree to waive the right to a trial by juryyour dealings with Nymble. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding the foregoingthis arbitration agreement, you and Nymble may bring a claim appropriate claims against Formally in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non- class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.each other