Common use of DISPUTE RESOLUTION; CLASS ACTION WAIVER Clause in Contracts

DISPUTE RESOLUTION; CLASS ACTION WAIVER. If any provision of this Section is found to be unenforceable, that provision will be severed, while all other provisions will still apply. MANDATORY ARBITRATION. Any dispute or claim that arises out of or relates in any way to this Agreement, its termination, validity or breach thereof, the Services, the advertising or Our Services, Your inducement to enter this Agreement, including, but not limited to claims of or relating to deceptive or unfair trade practices, misrepresentation, or false advertising, or Your Work or Manuscript (“Claims”), will be resolved by binding individual arbitration, rather than in court (“Mandatory Arbitration”), except as otherwise provided in this Agreement. This provision includes any Claims against Us or Our Contractors, as well as any Claims that arose before You accepted this Agreement (regardless of whether any prior agreement between You and Us required arbitration). MANDATORY ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT THAT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. In Mandatory Arbitration, Claims will be decided by a single, neutral arbitrator from the American Arbitration Association (“AAA”), whose decision will be final, except for a limited right of review under the Federal Arbitration Act (“FAA”). The arbitrator will have the power to rule on any challenge to his or her own jurisdiction or to the validity or enforceability of any portion of this Agreement. The arbitrator will conduct the Mandatory Arbitration under the AAA’s Commercial Arbitration Rules. The arbitrator’s award will be final and binding, and may be entered into and enforced by any court of competent jurisdiction. The AAA rules, as well as information about arbitration filing, procedures and fees, are available at xxx.xxx.xxx or by calling the AAA directly. If Your total Claims are less than $25,000, any Arbitration hearing will be conducted by telephone unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Monroe County, Indiana or Xxxxxx County, Indiana, unless another location is agreed upon by You and Us. You have the right to opt out of Mandatory Arbitration, which would enable You to litigate disputes in a court before a judge. If You choose to opt out, within thirty (30) days after You sign this Agreement, You must deliver to Us written notice of Your intent to opt out as described in Section 11. If W e do not receive Your written notice within this time period, Your right to opt out will terminate and the provisions regarding Mandatory Arbitration will apply.

DISPUTE RESOLUTION; CLASS ACTION WAIVER. If any provision of this Section is found to be unenforceable, that provision will be severed, while all other provisions will still apply. MANDATORY ARBITRATION. Any dispute or claim that arises out of or relates in any way to this Agreement, its termination, validity or breach thereof, the Services, the advertising or Our Services, Your inducement to enter this Agreement, including, but not limited to claims of or relating to deceptive or unfair trade practices, misrepresentation, or false advertising, or Your Work or Manuscript (“Claims”), will be resolved by binding individual arbitration, rather than in court (“Mandatory Arbitration”), except as otherwise provided in this Agreement. This provision includes any Claims against Us or Our Contractors, as well as any Claims that arose before You accepted this Agreement (regardless of whether any prior agreement between You and Us required arbitration). MANDATORY ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT THAT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. In Mandatory Arbitration, Claims will be decided by a single, neutral arbitrator from the American Arbitration Association (“AAA”), whose decision will be final, except for a limited right of review under the Federal Arbitration Act (“FAA”). The arbitrator will have the power to rule on any challenge to his or her own jurisdiction or to the validity or enforceability of any portion of this Agreement. The arbitrator will conduct the Mandatory Arbitration under the AAA’s Commercial Arbitration Rules. The arbitrator’s award will be final and binding, and may be entered into and enforced by any court of competent jurisdiction. The AAA rules, as well as information about arbitration filing, procedures and fees, are available at xxx.xxx.xxx or by calling the AAA directly. If Your total Claims are less than $25,000, any Arbitration hearing will be conducted by telephone unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Monroe County, Indiana or Xxxxxx County, Indiana, unless another location is agreed upon by You and Us. You have the right to opt out of Mandatory Arbitration, which would enable You to litigate disputes in a court before a judge. If You choose to opt out, within thirty (30) days after You sign this Agreement, You must deliver to Us written notice of Your intent to opt out as described in Section 11. If W e We do not receive Your written notice within this time period, Your right to opt out will terminate and the provisions regarding Mandatory Arbitration will apply.