Common use of Severability of Class Action Waiver Clause in Contracts

Severability of Class Action Waiver. You and BNEA agree that, no provision of this Class Action Waiver shall be enforceable against You or BNEA and all Claims shall be governed by Section 15, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (ii) You submit a proper Opt Out Notice (in compliance with Subsection 14.c), wherein You have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by You or BNEA to participate in a class action or class arbitration.

Severability of Class Action Waiver. You and BNEA agree that, no provision of this Class Action Waiver shall be enforceable against You or BNEA and all Claims shall be governed by Section 15, below13, in the event either: (ia) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (iib) You submit a proper Opt Out Notice (in compliance with Subsection 14.c12.c), wherein You have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by You or BNEA to participate in a class action or class arbitration.