Common use of No Class Actions Clause in Contracts

No Class Actions. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Waiver of Injunctive or other Equitable Relief. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

No Class Actions. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any classTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: NEITHER YOU ARE GIVING UP YOUR RIGHT NOR WE SHALL BE ENTITLED TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, REPRESENTATIVE OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTSOR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTEunless both you and Pitney Bowes expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. Waiver If a court determines that any of Injunctive the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or other Equitable Relief. TO THE MAXIMUM EXTENT PERMITTED BY LAWwith respect to a particular request for relief (such as a request for injunctive relief), YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KINDand all appeals from that decision have been exhausted (or the decision is otherwise final), SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY. Entire Agreement. This Agreement sets forth the entire understanding and agreement between then the parties relating agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to its subject matterthe contrary in this Section K, the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. All provisions that should If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by their nature survive the termination decision of the arbitrator. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this Agreement arbitration provision shall survive the expiration of this Agreement including, without limitation, the rights be null and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promisevoid.

No Class Actions. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Waiver of Injunctive or other Equitable Relief. TO THE MAXIMUM EXTENT PERMITTED ALLOWABLE BY LAW, YOU EXPRESSLY AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION SHALL NOT, AND YOU HEREBY WAIVE ANY RIGHT TO, PURSUE CLAIMS OR DISPUTES AGAINST STANDING ROCK ON A CLASS-WIDE BASIS (JOIN YOUR CLAIM WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY) OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY IN ANY LAWSUIT, ARBITRATION OR OTHER EQUITABLE RELIEF OF PROCEEDING. NO JURY TRIALS. TO THE EXTENT ALLOWABLE BY LAW, EACH PARTY AGREES THAT THEY SHALL NOT SEEK, AND HEREBY WAIVES ANY KINDRIGHT TO, SUCH AS TRIAL BY JURY IN ANY COURT LAWSUIT, ARBITRATION OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITEPROCEEDING. Content and Data Services. Standing Rock Data Services will allow access to many forms of data content such as Internet, APPLICATIONtext, CONTENTpictures, SUBMISSIONSmusic, PRODUCTemail, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANYor other materials. Entire AgreementSome data content that subscribers will access will be from other third-party websites or services. This Agreement sets forth Data content from third parties may harm the entire understanding and agreement between the parties relating to Mobile Device or its subject mattersoftware. All provisions that should by their nature survive the termination Some of this Agreement shall survive data content may be: (i) offensive, indecent, or objectionable; (ii) unreliable and inaccurate; and (iii) otherwise unsuitable for minors. Subscribers of Standing Rock Data Services are solely responsible for evaluating the expiration data content accessed while using the Services and the Company strongly recommends that you monitor data usage by minors. Standing Rock, for any reason, may place restrictions on accessing certain data content, limit the amount of this Agreement data subscribers can access, or terminate a subscriber’s access to Data Services. Standing Rock supports the use of data content, but, Standing Rock makes no representations or warranties (expressed or implied), to the extent permitted by law, including, any warranty of merchantability, fitness for a particular purpose, service quality of content, non-infringement, performance, accuracy, or efforts of any third party’s data content or to third party data content a subscriber may access while using the Services. Standing Rock does not have control over the data content provided on a third party’s site that a subscriber may access. Standing Rock reserves the right to change, limit, or terminate access to data content, without limitationnotice, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class actionat any time, and no trial is not required to replace any data content requested by jurysubscribers. Any waiver If a subscriber uses their cell phone to browse the Internet, their cell phone number or other information may be transmitted over the Internet. By activating or using a Standing Rock phone and/or using the data Services, subscribers understand any risks associated and agree they have been notified of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promisesuch risks.

No Class Actions. You agree NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS(INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED(OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not:(a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any disputes related Claim of anyone other than a named party; nor (b)make an award for the benefit of, or against, anyone other than a named xxxxx.Xx Administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 17.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. You further agree that in arbitration, injunctive relief shall be limited to such relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone. Any arbitral award on a class basis shall be void and shall not be subject to confirmation and no judgment shall enter thereon.An injunction granted in arbitration may provide only such relief as is necessary to remedy injury to you or to protect you alone from future injury; no judgment or order shall be entered by a court to enforce an award of theAdministrator for broader injunctive relief. Nothing in this Arbitration Agreement as an individual and not precludes you from seeking public injunctive relief in court. If you seek public injunctive relief, you may bring that claim in court, but you further agree that we may treat such a claim as a class or join any class. You understand that, in return for agreement to Claim within the meaning of this provision and the dispute provision above, we are able to offer the Service at the terms designatedArbitration Agreement, and that we would then have the right to demand arbitration, and if you refuse our demand, to move to enforce arbitration on an individual basis in accordance with this ArbitrationAgreement pursuant to the FAA. Notwithstanding any other provisions of thisArbitration Agreement, the Court and not the arbitrator shall decide whether the FAA requires that the public injunctive relief claim be referred to arbitration on an individual basis. If we bring and lose that motion, your assent is an indispensable consideration claim for public injunctive relief will be heard in court but you agree to this Agreement. You also acknowledge and understand that, with respect stay your claim in court for public injunctive relief pending (a) exhaustion of our right to any dispute with appeal from the ruling against us, and (b) completion of arbitration of all other Claims. If we win our officersmotion, directors, employees, agents or affiliates, arising out of or relating to your use of claims for public injunctive relief will be decided in accordance with the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. Waiver of Injunctive or other Equitable Relief. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination terms of this Agreement shall survive ArbitrationAgreement, meaning that the expiration of this Agreement including, without limitation, the rights and licenses arbitrator can award only such injunctive relief asis necessary to remedy your own alleged injury or to prevent future injury to you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promisealone.

No Class Actions. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand thatPLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS • BY AGREEING TO THIS ARBITRATION AGREEMENT, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP GO TO COURT, INCLUDING YOUR RIGHT TO SERVE A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND OUR RELATED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, PLAINTIFF OR CLASS MEMBER IN ANY OTHER PURPORTED CLASS ACTION OR REPRESENTATIVE CAPACITYPROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, OR YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS. OTHERWISE, YOU ARE NOT AUTHORIZED TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, USE THE ONLINE SERVICES IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTEWAY. Waiver of Injunctive • If any court or other Equitable Relief. TO THE MAXIMUM EXTENT PERMITTED BY LAWarbitrator determines that this “No Class Actions” section is void or unenforceable for any reason, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KINDor that an arbitration can proceed on a class basis, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITEthen the arbitration provisions set forth above will be deemed null and void in their entirety, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating will be deemed to its subject matterhave not agreed to arbitrate disputes. All provisions Changes to this Section We will provide 30 days’ notice of any changes to this section. Amendments will become effective thirty days after we provide such notice. If a court or arbitrator decides that should by their nature this subsection on “Changes to this Section” is not enforceable or valid, then this subsection will be severed from the section entitled “and the court or arbitrator will apply the first “Resolving Disputes” section in existence after you began using the Online Services. Survival This “Resolving Disputes” section will survive the any termination of this Agreement shall survive your account, enrollment in any program, eligibility for coverage, or the expiration Online Services. Governing Law and Statute of this Agreement including, without limitation, the rights Limitations You agree that Minnesota law governs these Terms and licenses any claim or dispute that you may have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class actionagainst us, and no trial by juryyou agree to the jurisdiction and venue of the state and federal courts in Minnesota for any dispute involving the Company or its employees, officers, directors, agents and providers. Any waiver Unless you are a resident of New Jersey, you must initiate any cause of action within one year after the claim has arisen, or promise you will be barred from pursuing any cause of action. The United Nations Convention on Contracts for the International Sale of Goods do not apply to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promisethese Terms.

No Class Actions. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand thatPLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS • BY AGREEING TO THIS ARBITRATION AGREEMENT, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP GO TO COURT, INCLUDING YOUR RIGHT TO SERVE A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND OUR RELATED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, PLAINTIFF OR CLASS MEMBER IN ANY OTHER PURPORTED CLASS ACTION OR REPRESENTATIVE CAPACITYPROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, OR YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS. OTHERWISE, YOU ARE NOT AUTHORIZED TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, USE THE ONLINE SERVICES IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTEWAY. Waiver of Injunctive • If any court or other Equitable Relief. TO THE MAXIMUM EXTENT PERMITTED BY LAWarbitrator determines that this “No Class Actions” section is void or unenforceable for any reason, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KINDor that an arbitration can proceed on a class basis, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITEthen the arbitration provisions set forth above will be deemed null and void in their entirety, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating will be deemed to its subject matterhave not agreed to arbitrate disputes. All provisions Changes to this Section We will provide 30 days’ notice of any changes to this section. Amendments will become effective thirty days after we provide such notice. If a court or arbitrator decides that should by their nature survive this subsection on “Changes to this Section” is not enforceable or valid, then this subsection will be severed from the termination of this Agreement shall survive section entitled “Resolving Disputes,” and the expiration of this Agreement including, without limitation, court or arbitrator will apply the rights and licenses first “Resolving Disputes” section in existence after you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jurybegan using the Online Services. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.Survival