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.
Appears in 9 contracts
Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement, Merchant Processing Agreement
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 will be limited to Claims between MerchantYou, CompanyBank and/or its affiliates, and AMERICAN EXPRESSAmerican Express. Claims may not be joined or consolidated unless all parties to this agreement Agreement agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case brought by MerchantYou, Company or AMERICAN EXPRESS Bank and/or its affiliates, and American Express and cannot be used in any other case except to enforce the award as between MerchantYou, Company Bank and/or its affiliates, and AMERICAN EXPRESSAmerican Express. This prohibition is intended to, and does, to preclude Merchant You from participating in any action by any trade association or other organization against AMERICAN EXPRESSAmerican 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.
Appears in 3 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
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 MerchantMerchant and ISO or Bank, Company, and AMERICAN EXPRESSor both of them. 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 MerchantMerchant and ISO or Bank, Company and AMERICAN EXPRESSor both of them. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against AMERICAN EXPRESSISO or Bank, or both of them. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is arbitration clauses are deemed invalid or unenforceable, then the entire Arbitration arbitration provision (other than this sentence) will not apply.
Appears in 1 contract
Samples: Merchant Agreement