Common use of LAWSUIT AND CLASS ACTION WAIVER Clause in Contracts

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 4 contracts

Samples: Gateway Services Agreement, Gateway Services Agreement, Service Agreement

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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

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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

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