Common use of Limitations on Arbitration Clause in Contracts

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. An arbitrator’s authority is not limited to Claims among Merchant and Service Providers. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant or Service Providers and cannot be used in any other case except to enforce the award as among Merchant and Service Providers. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against Merchant and Service Providers. The Parties to this Agreement acknowledge that the restriction on class or purported representative basis above is material and essential to the arbitration of any disputes between the Parties, and is therefore nonseverable from the Parties’ agreement to arbitrate. Notwithstanding the foregoing, if any portion of these Limitations on Arbitration in this Section 8. 9(b) is found invalid or unenforceable, then the entire Section 8.9 (other than this sentence) will not apply, except that Merchant and Service Providers 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. 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. An arbitrator’s authority is not limited to Claims among Merchant and Service Providers. An arbitration award and any judgment confirming it will apply only to the specific case brought by Merchant or Service Providers and cannot be used in any other case except to enforce the award as among Merchant and Service Providers. This prohibition is intended to, and does, preclude Merchant from participating in any action by any trade association or other organization against Merchant and Service Providers. The Parties to this Agreement acknowledge that the restriction on class or purported representative basis above is material and essential to the arbitration of any disputes between the Parties, and is therefore nonseverable non severable from the Parties’ agreement to arbitrate. Notwithstanding the foregoing, if any portion of these Limitations on Arbitration in this Section 8. 9(b) is found invalid or unenforceable, then the entire Section 8.9 (other than this sentence) will not apply, except that Merchant and Service Providers do not waive the right to appeal that decision.