Common use of IF CLASS ACTION WAIVER ILLEGAL OR UNENFORCEABLE Clause in Contracts

IF CLASS ACTION WAIVER ILLEGAL OR UNENFORCEABLE. If the class action waiver (which includes a waiver of private attorney-general actions) in Section 27F (class action waiver) is found to be illegal or unenforceable as to all or some parts of a Dispute, whether by judicial, legislative, or other action, then the remaining paragraphs in Section 27 will not apply to those parts. Instead, those parts of the Dispute will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. The definition of "Dispute" in this section will still apply to this Agreement. You and Trend Micro irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Dallas County, Texas, USA, for all proceedings in court under this paragraph.

IF CLASS ACTION WAIVER ILLEGAL OR UNENFORCEABLE. If the class action waiver (which includes a waiver of private attorney-general actions) in Section 27F (class action waiver) is found to be illegal or unenforceable as to all or some parts of a Dispute, whether by judicial, legislative, or other action, then the remaining paragraphs in Section 27 will not apply to those parts. Instead, those parts of the Dispute will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. The definition of "Dispute" in this section will still apply to this Agreement. You and Trend Micro irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Dallas Santa Xxxxx County, TexasCalifornia, USA, for all proceedings in court under this paragraph.