Waiver of Class Actions. You and Nextiva agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Nextiva agree that you and Nextiva may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Nextiva agree that, unless you and Nextiva agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Appears in 3 contracts
Samples: Saas Agreement, Nextos Service Agreement, Nextos Service Agreement
Waiver of Class Actions. You and Nextiva Xxxxx Group agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Nextiva Xxxxx Group agree that you and Nextiva Xxxxx Group may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Nextiva Xxxxx Group agree that, unless you and Nextiva Xxxxx Group agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, claims and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Waiver of Class Actions. You and Nextiva REACH agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Nextiva REACH agree that you and Nextiva REACH may bring claims against the other only in your or its individual capacity, capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Nextiva REACH agree that, unless you and Nextiva REACH agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Appears in 1 contract
Samples: Commercial Service Agreement
Waiver of Class Actions. You and Nextiva NEXTIVA agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Nextiva NEXTIVA agree that you and Nextiva NEXTIVA may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Nextiva NEXTIVA agree that, unless you and Nextiva NEXTIVA agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Appears in 1 contract
Samples: Voip Service Agreement