Common use of Exceptions to Arbitration Clause in Contracts

Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in subsection (c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

Appears in 1 contract

Samples: Ambassador Program Terms of Service

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Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the The following types of claims: (1) small Claims are not required to be arbitrated under the arbitration agreement: ● Claims for workers’ compensation, disability insurance and unemployment benefits; ● Small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdictioncourt jurisdiction and brought on an individual basis; (2) a ● A representative action brought on behalf of others under the California PAGA or other private attorneys attorney general acts, to the extent the representative PAGA Waiver in subsection (cSection 11(d) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims ● Claims that may not be subject to arbitration as a matter of law. Nothing in this Arbitration Agreement prevents you the Contractor from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's ’s obligation to exhaust administrative remedies before making a claim in arbitration. However, however you the Contractor knowingly and voluntarily waive waives the right to seek or recover money damages of any type pursuant to any administrative complaint complain and instead may seek such relief only through arbitration under this Agreement. Nothing in this This Agreement or and the Arbitration Agreement prevents your participation do not prevent the Contractor from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionProvision and do not prevent the Contractor from receiving an award for information provided to any government agencies.

Appears in 1 contract

Samples: Delivery Services Agreement

Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: : (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in subsection (cSection 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

Appears in 1 contract

Samples: Terms of Service

Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the The following types of claims: (1) small Claims may be, but are not required to be, arbitrated under the Arbitration Agreement: ● Claims for workers’ compensation, disability insurance and unemployment insurance benefits; ● Small claims actions brought on an individual basis that are within the scope of such small claims courtcourt jurisdiction and brought on an individual basis; ● Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s jurisdictioncopyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) a ● A representative action brought on behalf of others under PAGA or other private attorneys attorney general acts, to the extent the representative PAGA Waiver in subsection (cSection 17(d) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims ● Claims that may not be subject to arbitration as a matter of lawgeneral law not preempted by the Federal Arbitration Act. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's ’s obligation to exhaust administrative remedies before making a claim in arbitration. However, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this This Agreement or and Arbitration Agreement prevents your participation do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionAgreement and do not prevent you from receiving an award for information provided to any government agencies.

Appears in 1 contract

Samples: Terms of Service

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Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the The following types of claims: (1) small Claims may be, but are not required to be, arbitrated under the Arbitration Agreement: • Claims for workers’ compensation, disability insurance and unemployment insurance benefits; • Small claims actions brought on an individual basis that are within the scope of such small claims courtcourt jurisdiction and brought on an individual basis; • Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s jurisdictioncopyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) a • A representative action brought on behalf of others under PAGA or any other private attorneys attorney general acts, to the extent the representative PAGA Waiver in subsection (c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims • Claims that may not be subject to arbitration as a matter of lawgeneral law not preempted by the Federal Arbitration Act. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's ’s obligation to exhaust administrative remedies before making a claim in arbitration. However, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this This Agreement or and Arbitration Agreement prevents your participation do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionAgreement and do not prevent you from receiving an award for information provided to any government agencies.

Appears in 1 contract

Samples: Terms of Service

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