Limitations on Arbitration. If the parties agree to resolve a claim by arbitration, that claim will be arbitrated on an individual basis pursuant to that agreement, and the agreement would not allow claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Cardmembers, or other persons similarly situated. Arbitration Procedures Arbitration Fees and Costs Additional Arbitration Awards
Limitations on Arbitration. If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Starion customers or other persons similarly situated. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between Merchant, Processor, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Processor or American Express and cannot be used in any other case except to enforce the award as between Merchant, Processor and American Express. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Agreement, if any portion of these Limitations on Arbitration is found invalid or unenforceable, then the entire Arbitration Agreement (other than this sentence) will not apply, except that Merchant, Processor, and American Express do not waive the right to appeal that decision.
Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There will be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other merchants or other persons or entities similarly situated. The arbitrator’s authority is limited to Claims between Merchant, Company, and AMERICAN EXPRESS. Claims may not be joined or consolidated unless all parties to this agreement agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant, Company or AMERICAN EXPRESS and cannot be used in any other case except to enforce the award as between Merchant, Company and AMERICAN EXPRESS. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against AMERICAN EXPRESS. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Limitations on Arbitration. The Arbitration clause in Section 13(b) does not apply to:
(i) Insured workers compensation claims (other than wrongful discharge claims), claims for unemployment insurance and state disability insurance, disputes solely before government agencies, and disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-203) or an Act of Congress, are excluded from arbitration under this provision.
(ii) Any claim under Title VII of the Civil Rights Act of 1964 for, or any tort related to or arising out of, sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision or retention. The Arbitration clause in Section 13(b) is subject to the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. § 401 et seq., which provides that at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, or the named representative of a class or in a collective action alleging such conduct, no pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or sexual harassment dispute. Nothing contained in the Agreement shall be construed to prevent or excuse the Executive (individually or in concert with others) or the Company from utilizing the Company’s existing internal procedures for resolution of complaints, and the Agreement is not intended to be a substitute for the utilization of such procedures. If either Party files a demand for arbitration or lawsuit containing both arbitrable and nonarbitrable claims, the other Party reserves the right to compel arbitration regarding the arbitrable claims and seek a stay of proceedings regarding any nonarbitrable claims.
Limitations on Arbitration. Disputes shall be arbitrable only as set forth in this Section:
Limitations on Arbitration. If any party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. No Claim is to be arbitrated on a class or purported representative basis or on behalf of the general public or other persons allegedly similarly situated. The arbitrator’s authority is limited to Claims between you, us, and American Express. An arbitration award and any judgment confirming it will apply only to the specific case brought by you, us or American Express and cannot be used in any other case except to enforce the award as between you, NMS and American Express. This prohibition is intended to, and does, preclude you from participating in any action by any trade association or other organization against American Express. Notwithstanding any other provision in this Section 8.02, if any portion of these Limitations on Arbitration set forth in this Section 8.02 (ii) is found invalid or unenforceable, then the entire Section 8.02 (other than this sentence) will not apply, except that you, we, and American Express do not waive the right to appeal that decision.
Limitations on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There will be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Merchants or other persons similarly situated. The arbitrator’s authority is limited to Claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. This prohibition is intended to, and does, preclude you from participating in any action by any trade association or other organization against us. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Limitations on Arbitration. Notwithstanding the express class action waiver, in the event that a binding arbitration proceeding involving the parties is deemed to meet the criteria of a “multiple consumer case filing,” as set forth in the AAA Consumer Arbitration Rules - Costs of Arbitration, then either party shall have the right, but not the obligation, to apply to the arbitrator to have all “multiple consumer case filings” transferred before the same arbitrator. If, and only if, such transfer occurs, any party to these transferred multiple consumer case filings may then move by written submission to the arbitrator to conduct pre-hearing activities only—such as discovery and dispositive motion practice—in a manner that will have common effect on all multiple consumer case filings. The arbitrator shall provide all affected parties an opportunity to be heard before deciding, in its own discretion, whether and to what extent to permit common pre-hearing activities in multiple consumer case filings. For the avoidance of any doubt, all arbitration hearings will proceed on an individual basis.
Limitations on Arbitration. EXHIBIT A
