Common use of Waiver of Right to Bring Class Action Claims Clause in Contracts

Waiver of Right to Bring Class Action Claims. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED. FURTHER, UNLESS BOTH YOU AND ATLANTIC BROADBAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 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 INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.

Appears in 5 contracts

Samples: Residential Subscriber Agreement, Residential Subscriber Agreement, Residential Subscriber Agreement

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Waiver of Right to Bring Class Action Claims. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERSCUSTOMERS, OR OTHER PERSONS PERSONS/BUSINESSES SIMILARLY SITUATED. FURTHER, UNLESS BOTH YOU AND ATLANTIC BROADBAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONCUSTOMER'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 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 INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.

Appears in 4 contracts

Samples: Commercial Services Agreement, Commercial Services Agreement, Commercial Services Agreement

Waiver of Right to Bring Class Action Claims. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED. FURTHER, UNLESS BOTH YOU AND ATLANTIC BROADBAND BREEZELINE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 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 INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.

Appears in 3 contracts

Samples: Residential Subscriber Agreement, Residential Subscriber Agreement, Residential Subscriber Agreement

Waiver of Right to Bring Class Action Claims. AS STATED IN SUBSECTION 15.4 ANY AND OR ALL PARTIES TO THE ANY ARBITRATION OR ARBITRATION PROCEEDING MUST BE INDIVIDUALLY NAMEDSO NAMED INDIVIDUALLY. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS OF DISPUTE TO BE LITIGATED OR ARBITRATED OR LITIGATED ON A CONSOLIDATED OR CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES THE GROUNDS AND BASIS OF INVOLVING CLAIMS BROUGHT IN AND BY A PURPORTED REPRESENTATIVE CAPACITY FACILITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL)AT LARGE, OTHER SUBSCRIBERSCURRENT OR FORMER UCS USERS OR THE UCS SERVICES, OR OTHER PERSONS SIMILARLY SITUATED. FURTHERADDITIONALLY, UNLESS AND UNTIL BOTH YOU UCS AND ATLANTIC BROADBAND SUBSCRIBER AGREE OTHERWISE, WHEN IN ARBITRATION AND OR AN ARBITRATION PROCEEDING, THE ARBITRATOR MAY DOES NOT HAVE THE RIGHT TO, AND SHALL NOT CONSOLIDATE MORE THAN ONE (1) PERSON'S CLAIMS CLAIM OF DISPUTE AND OR CLAIM WITH YOUR SUBSCRIBER’S CLAIMS, AND MAY IS NOT OTHERWISE ENTITLED TO PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE OR CLASS PROCEEDINGPROCEEDING OF ANY KIND. THE ARBITRATOR MAY IS ALLOWED SOLELY TO AWARD RELIEF ONLY IN FAVOR OF THE AN INDIVIDUAL PARTY THAT IS SEEKING RELIEF AND FURTHER, ONLY TO THE EXTENT NECESSARY REQUIRED TO PROVIDE RELIEF WARRANTED BY THAT AN INDIVIDUAL PARTY’S CLAIMCLAIM OF DISPUTE. THE ARBITRATOR MAY IS NOT ALLOWED OR PERMITTED TO AWARD ANY FORM OF RELIEF EITHER AGAINST OR FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF AND CLASS ACTION IS AN ESSENTIAL A KEY AND CRITICAL PART OF THE ARBITRATION PROVISIONS STATED IN THIS ARBITRATION PROVISION AGREEMENT AND CANNOT IN ANY WAY BE SEVERED FROM IT.

Appears in 1 contract

Samples: Business Services Subscriber Agreement

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Waiver of Right to Bring Class Action Claims. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED. FURTHER, UNLESS BOTH YOU AND ATLANTIC BROADBAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S ’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 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 INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.

Appears in 1 contract

Samples: Residential Subscriber Agreement

Waiver of Right to Bring Class Action Claims. AS STATED IN SUBSECTION 15.4 ANY AND OR ALL PARTIES TO THE ANY ARBITRATION OR ARBITRATION PROCEEDING MUST BE INDIVIDUALLY NAMEDSO NAMED INDIVIDUALLY. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS OF DISPUTE TO BE LITIGATED OR ARBITRATED OR LITIGATED ON A CONSOLIDATED OR CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES THE GROUNDS AND BASIS OF INVOLVING CLAIMS BROUGHT IN AND BY A PURPORTED REPRESENTATIVE CAPACITY FACILITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL)AT LARGE, OTHER SUBSCRIBERSCURRENT OR FORMER UCS USERS OR THE UCS SERVICES, OR OTHER PERSONS SIMILARLY SITUATED. FURTHERADDITIONALLY, UNLESS AND UNTIL BOTH YOU UCS AND ATLANTIC BROADBAND SUBSCRIBER AGREE OTHERWISE, WHEN IN ARBITRATION AND OR AN ARBITRATION PROCEEDING, THE ARBITRATOR MAY DOES NOT HAVE THE RIGHT TO, AND SHALL NOT CONSOLIDATE MORE THAN ONE (1) PERSON'S CLAIMS CLAIM OF DISPUTE AND OR CLAIM WITH YOUR SUBSCRIBER’S CLAIMS, AND MAY IS NOT OTHERWISE ENTITLED TO PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE OR CLASS PROCEEDINGPROCEEDING OF ANY KIND. THE ARBITRATOR MAY IS ALLOWED SOLELY TO AWARD RELIEF ONLY IN FAVOR OF THE AN INDIVIDUAL PARTY THAT IS SEEKING RELIEF AND FURTHER, ONLY TO THE EXTENT NECESSARY REQUIRED TO PROVIDE RELIEF WARRANTED BY THAT AN INDIVIDUAL PARTY’S CLAIMCLAIM OF DISPUTE. THE ARBITRATOR MAY IS NOT ALLOWED OR PERMITTED TO AWARD ANY FORM OF RELIEF EITHER AGAINST OR FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF AND CLASS ACTION IS AN ESSENTIAL A KEY AND CRITICAL PART OF THE ARBITRATION PROVISIONS STATED IN THIS ARBITRATION PROVISION AGREEMENT AND CANNOT BE SEVERED FROM IT.IN

Appears in 1 contract

Samples: Residential Subscriber Agreement

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