LAWSUIT AND CLASS ACTION WAIVER. Merchant and SHIFT4 waive their rights to sue before a judge or jury and to participate in a class action, class-wide arbitration, private attorney general action, or any other proceeding in which a party acts in a representative capacity. Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose decision (called an “award”) will be final except for a limited right of review under the Federal Arbitration Act. The arbitrator may not consolidate proceedings or join them together without the consent of all parties to all proceedings.
Appears in 3 contracts
Samples: Gateway Services Agreement, Service Agreement, Gateway Services Agreement
LAWSUIT AND CLASS ACTION WAIVER. Merchant and SHIFT4 SHIFT4, to the maximum extent allowed under applicable law, waive their rights to sue before a judge or jury and to participate in a class action, class-wide arbitration, private attorney general action, or any other proceeding in which a party acts in a representative capacity. Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose decision (called an “award”) will be final except for a limited right of review under the Federal Arbitration Act. The arbitrator may not consolidate proceedings or join them together without the consent of all parties to all proceedings.
Appears in 1 contract
Samples: Gateway Services Agreement
LAWSUIT AND CLASS ACTION WAIVER. Merchant and SHIFT4 waive their rights to sue xxx before a judge or jury and to participate par- ticipate in a class action, class-wide arbitration, private attorney general action, or any other proceeding in which a party acts in a representative capacity. Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose decision (called an “award”) will be final except for a limited right of review under the Federal Arbitration Act. The arbitrator may not consolidate proceedings or join them together without the consent of all parties to all proceedings.
Appears in 1 contract
Samples: Gateway Services Agreement
LAWSUIT AND CLASS ACTION WAIVER. Merchant and SHIFT4 waive their rights to sue xxx before a judge or jury and to participate in a class action, class-wide arbitration, private attorney general action, or any other proceeding in which a party acts in a representative capacity. Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose decision (called an “award”) will be final except for a limited right of review under the Federal Arbitration Act. The arbitrator may not consolidate proceedings or join them together without the consent of all parties to all proceedings.
Appears in 1 contract
Samples: Gateway Services Agreement