JURY TRIAL AND CLASS ACTION WAIVER. BOTH REFERRAL PARTNER AND XXXXX VOLUNTARILY AND IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION OR OTHER PROCEEDING WHICH ARISES OUT OF OR IN ANY WAY RELATES TO THESE REFERRAL PARTNER TERMS. REFERRAL PARTNER FURTHER EXPRESSLY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR TO SEEK CLASS ACTION STATUS FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY relating to these Referral Partner Terms. The scope of the waivers in this section encompasses any and all claims or contentions that arise out of or relate in any way to these Referral Partner Terms.
JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND GATES EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
JURY TRIAL AND CLASS ACTION WAIVER. YOU AND UNYTE-ILS EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
JURY TRIAL AND CLASS ACTION WAIVER. Except as this Arbitration Agreement otherwise provides, if either you or we choose arbitration, you and we acknowledge and agree that neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action and the parties expressly waive their right to file, participate as a representative or member of any class, or seek relief on a class basis pertaining to any dispute either you or we elect to arbitrate. The arbitrator’s decision generally will be final and binding. You and we may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or our individual capacity. Unless mutually agreed to by you and us, arbitration claims may not be consolidated or joined with claims of other persons who may have similar claims other than authorized users, beneficiaries on your account and/or related accounts. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If there is a determination that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then this Arbitration Agreement will be inapplicable to that claim, and that claim will proceed instead through litigation in court rather than by arbitration but only after the conclusion of the arbitration of any claim that is subject to arbitration.
JURY TRIAL AND CLASS ACTION WAIVER. (e) Except as the Terms and Conditions otherwise provide, you and Yowlo acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Yowlo may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration. Governing Law
JURY TRIAL AND CLASS ACTION WAIVER. Any and all disputes or claims relating to the Employee’s employment with the Practice and this Agreement will be resolved exclusively on an individual basis and not in any form of class, collective, or private attorney general representative proceeding. The Employee acknowledges and accepts that by signing this agreement, he or she is giving up the right to a jury trial and the right to participate in a class action or as a class member in any type of representative proceeding.
JURY TRIAL AND CLASS ACTION WAIVER. Binding Arbitration To the fullest extent permitted by law, you waive the right to a trial by jury with respect to any dispute or claim arising out of or relating to these Terms of Sale and your use of the Site. You further agree that any and all disputes, claims, or controversies between you and us shall be resolved on an individual basis, without resort to any form of class action, and shall not be consolidated with the claims of any other parties. Your waiver of the right to bring any dispute or claim as a class action shall not be deemed unenforceable, even if the governing state law would otherwise permit the action to be filed and prosecuted as a class action. Any dispute or claim relating in any way to your purchase of Goods from Valley Vet, including your use of the Site, any related communication with Valley Vet, information you provide to Valley Vet, and products or services sold or distributed by Valley Vet, will be resolved by binding arbitration, rather than in court, except that you may assert an individual action in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Sale as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted in Kansas City, Kansas or Kansas City, Missouri. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advance written notice of its intent to file for arbitration. Valley Vet may provide such notice by e-mail to your e-mail address on file with us, and you must provide such notice by e-mail to xxxxxxx@xxxxxxxxx.xxx. You and Valley Vet agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Valley Vet waive any right to a jury trial. You and Valley Vet agree that either party may bring suit in court to enjoin infringement or o...
JURY TRIAL AND CLASS ACTION WAIVER. Each Party waives its right to a trial by jury for claims subject to arbitration hereunder. The arbitrator may award 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. The arbitrator may not award special, indirect, punitive, incidental or consequential damages. CUSTOMER MAY BRING CLAIMS AGAINST VONAGE ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND CUSTOMER EXPRESSLY WAIVES ITS RIGHT TO BRING A CLASS ACTION SUIT. The arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding.
JURY TRIAL AND CLASS ACTION WAIVER. LICENSOR AND LICENSEE (AND LICENSEE’S OWNERS AND GUARANTORS, IF APPLICABLE) IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY LICENSOR AND LICENSEE. NEITHER LICENSEE NOR LICENSOR SHALL SEEK TO LITIGATE OR ARBITRATE AGAINST THE OTHER PARTY TO THIS AGREEMENT OR SUCH PARTY’S AFFILIATES, EITHER AS A REPRESENTATIVE OF, OR ON BEHALF OF, ANY OTHER PERSON, CLASS, OR ENTITY ANY DISPUTE, CONTROVERSY, OR CLAIM OF ANY KIND ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE PARTIES, THE SALE OF THE CENTER, OR OTHER CLAIMS OR CAUSES OF ACTION RELATING TO THE PERFORMANCE OF EITHER PARTY TO THIS AGREEMENT. NO LITIGATION, ARBITRATION OR OTHER ACTION OR PROCEEDING UNDER THIS AGREEMENT SHALL ADD AS A PARTY, BY CONSOLIDATION, JOINDER, OR IN ANY OTHER MANNER, ANY PERSON OR PARTY OTHER THAN LICENSEE AND LICENSOR AND ANY PERSON IN PRIVITY WITH, OR CLAIMING THROUGH, IN THE RIGHT OF, OR ON BEHALF OF, LICENSEE OR LICENSOR, UNLESS BOTH LICENSEE AND LICENSOR CONSENT IN WRITING. LICENSOR HAS THE ABSOLUTE RIGHT TO REFUSE SUCH CONSENT. LICENSEE AGREES AND ACKNOWLEDGES THAT ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THIS AGREEMENT, THE RELATIONSHIP BETWEEN THE PARTIES, OR ANY AGREEMENT OR RELATIONSHIP BETWEEN LICENSEE AND ANY AFFILIATE OF LICENSOR WILL BE CONSIDERED UNIQUE ON ITS FACTS AND SHALL NOT BE BROUGHT AS A CLASS OR GROUP ACTION. LICENSEE MAY NOT ARBITRATE ON A CLASS-WIDE BASIS (OR JOIN ANY THIRD-PARTY CLAIM).
JURY TRIAL AND CLASS ACTION WAIVER. Resident and Management agree that in the event of any litigation, including a Special/Forcible Detainer action or civil litigation, that the parties waive their rights to a jury and to participate in a class action against the other.
