Common use of Representative Action Waiver Clause in Contracts

Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis—including but not limited to as a private attorney general representative under the California Labor Code—on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. If any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason (1) any representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful provision shall be severed from this Agreement; and (4) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the Arbitration Provision or the arbitrability of any remaining claims asserted by you or us. (b) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.

Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring that any dispute and all disputes or claims between the parties shall be resolved only in arbitration on an individual basis onlyarbitration, and not on a representative basis—. The parties expressly waive their right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a representative action, or to participate in any representative action, including but not limited to as a private attorney general representative claims brought under the California Labor Code—on behalf of othersany state’s Private Attorneys General Act. The parties also expressly waive their right to seek, recover, or obtain any non-individual relief. There will be no right or authority for any dispute (whether brought by you or us, or on your or our behalf) to be brought, heard heard, administered, or arbitrated as a representative action, or for you or us to participate as a member in any such representative proceeding proceeding. (“Representative Action Waiver”). b) Notwithstanding any other provision of this Arbitration Provision or the JAMS Rulesapplicable arbitration provider’s rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the this Representative Action Waiver does not prevent you or us from participating in a representative settlement of claims. (c) This Representative Action Waiver does not and shall not be construed to preclude the mass arbitration dispute procedure set forth in Section 13.3(h). (d) If there is void or voidable, may be resolved only by the court and not by an arbitrator. If a final judicial determination that any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason reason, (1) any representative claims claim subject to the unenforceable enforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful provision portion(s) shall be severed from this AgreementArbitration Provision; and (4) the severance of the unenforceable or unlawful provision portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Provision or the arbitrability of any remaining claims asserted by you or us. (be) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only only, as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.

Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring that any dispute and all disputes or claims between the parties shall be resolved only in arbitration on an individual basis onlyarbitration, and not on a representative basis—. The parties expressly waive their right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a representative action, or to participate in any representative action, including but not limited to as a private attorney general representative claims brought under the California Labor Code—on behalf of othersany state’s Private Attorneys General Act. The parties also expressly waive their right to seek, recover, or obtain any non-individual relief. There will be no right or authority for any dispute (whether brought by you or us, or on your or our behalf) to be brought, heard heard, administered, or arbitrated as a representative action, or for you or us to participate as a member in any such representative proceeding proceeding. (“Representative Action Waiver”). b) Notwithstanding any other provision of this Arbitration Provision or the JAMS Rulesapplicable arbitration provider’s rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the this Representative Action Waiver does not prevent you or us from participating in a representative settlement of claims. (c) This Representative Action Waiver does not and shall not be construed to preclude the mass arbitration dispute procedure set forth in Section 12.3(h). (d) If there is void or voidable, may be resolved only by the court and not by an arbitrator. If a final judicial determination that any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason reason, (1) any representative claims claim subject to the unenforceable enforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful provision portion(s) shall be severed from this AgreementArbitration Provision; and (4) the severance of the unenforceable or unlawful provision portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Provision or the arbitrability of any remaining claims asserted by you or us. (be) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only only, as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.

Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided permitted by law, both Uber and you agree Agent agrees not to bring and waives any dispute in arbitration on an individual basis only, and not on right to bring a representative basis—including but not limited to as a private attorney general representative under the California Labor Code—claim on behalf of otherspersons other than Agent or to otherwise participate with other persons in, any class, collective, or representative action. There will The arbitrator may not certify or otherwise preside over any form of a class, collective, or representative proceeding, nor may the arbitrator consolidate the claims of multiple parties into one proceeding without the consent of all such parties. Agent also agrees not to assert claims against Mpower in the same proceeding as any other person or entity, whether by joinder or otherwise, and that any proceeding brought on behalf of multiple claimants or plaintiffs shall be no right severed into individual proceedings. Agent further agrees to affirmatively “opt out” and to take all other reasonable measures to exclude Agent from any representative proceeding in which Agent may be invited to join or authority for any dispute otherwise permitted to participate To the extent that a party brings both claims that are arbitrable under this Agreement and claims deemed by a court of law or by stipulation not to be broughtarbitrable in accordance with this Agreement, heard or arbitrated as the claims deemed arbitrable shall be adjudicated first in priority, with any claims that must be litigated in a representative actioncourt of law subject to a stay, administrative closure, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”)dismissal without prejudice, pending the resolution of the arbitrable claims. Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, Any disputes in court or arbitration regarding the validity, enforceability, conscionability or breach validity of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may shall be resolved only by the a court of law and not by an the arbitrator. If In the event any portion provision of this Agreement, other than the Representative Action Waiver Waiver, is found to be unenforceable by an arbitrator or unlawful for any reason (1) any representative claims subject court of law, such provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, it being intended that the parties shall receive the benefit contemplated in this Agreement to the fullest extent permitted by law. If no such modification is possible, the unenforceable or unlawful portion(s) provision shall proceed in a civil court be deemed deleted, and the validity of competent jurisdiction; (2) the portion of remaining provisions shall not be affected thereby. If the Representative Action Waiver that Wavier is enforceable found to be unenforceable by a court, this entire Agreement shall be enforced in arbitration; (3) the unenforceable or unlawful provision shall be severed from this Agreement; deemed void and (4) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the Arbitration Provision or the arbitrability of any remaining claims asserted by you or useffect. (b) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.

Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided permitted by law, both Uber and you agree Agent agrees not to bring and waives any dispute in arbitration on an individual basis only, and not on right to bring a representative basis—including but not limited to as a private attorney general representative under the California Labor Code—claim on behalf of otherspersons other than Agent or to otherwise participate with other persons in, any class, collective, or representative action. There will The arbitrator may not certify or otherwise preside over any form of a class, collective, or representative proceeding, nor may the arbitrator consolidate the claims of multiple parties into one proceeding without the consent of all such parties. Agent also agrees not to assert claims against Mpowering in the same proceeding as any other person or entity, whether by joinder or otherwise, and that any proceeding brought on behalf of multiple claimants or plaintiffs shall be no right severed into individual proceedings. Agent further agrees to affirmatively “opt out” and to take all other reasonable measures to exclude Agent from any representative proceeding in which Agent may be invited to join or authority for any dispute otherwise permitted to participate To the extent that a party brings both claims that are arbitrable under this Agreement and claims deemed by a court of law or by stipulation not to be broughtarbitrable in accordance with this Agreement, heard or arbitrated as the claims deemed arbitrable shall be adjudicated first in priority, with any claims that must be litigated in a representative actioncourt of law subject to a stay, administrative closure, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”)dismissal without prejudice, pending the resolution of the arbitrable claims. Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, Any disputes in court or arbitration regarding the validity, enforceability, conscionability or breach validity of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may shall be resolved only by the a court of law and not by an the arbitrator. If In the event any portion provision of this Agreement, other than the Representative Action Waiver Waiver, is found to be unenforceable by an arbitrator or unlawful for any reason (1) any representative claims subject court of law, such provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, it being intended that the parties shall receive the benefit contemplated in this Agreement to the fullest extent permitted by law. If no such modification is possible, the unenforceable or unlawful portion(s) provision shall proceed in a civil court be deemed deleted, and the validity of competent jurisdiction; (2) the portion of remaining provisions shall not be affected thereby. If the Representative Action Waiver that Wavier is enforceable found to be unenforceable by a court, this entire Agreement shall be enforced in arbitration; (3) the unenforceable or unlawful provision shall be severed from this Agreement; deemed void and (4) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the Arbitration Provision or the arbitrability of any remaining claims asserted by you or useffect. (b) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.