If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING...
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING
Hinge
· Hinge Terms of Service
IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID.
If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 2.13.9 shall be null and void.
...state or federal courts of San Francisco will have the authority to adjudicate any dispute about the validity of the class action waiver, or requests for public injunctive relief.
If any court or arbitrator determines that the class action waiver...is void or unenforceable for any reason...then the arbitration provision...shall be deemed null and void in its entirety...
Strava
· Strava Terms of Service
If any court or arbitrator determines that the class-action waiver set out in this section is void or unenforceable for any reason...then the arbitration provision set out above will be deemed null and void in its entirety...
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC...
The prohibition on class and consolidated proceedings in both arbitration and litigation removes a key mechanism by which users could collectively seek redress for shared grievances.
T-Mobile
· T-Mobile Terms and Conditions
This waiver prevents customers from pooling claims, which can make pursuing small-value disputes economically impractical.
Brex
· Brex Terms of Service
This clause eliminates the ability to pool claims with other affected users, requiring each dispute to be resolved individually, which can reduce the practical viability of pursuing small claims.
The class action waiver prevents users from joining together to bring collective legal claims against ElevenLabs, limiting the practical leverage available to individual users with smaller grievances.
Netflix
· Netflix Account and Content Policies
The waiver eliminates the user's ability to aggregate claims with others even in court, which can make it economically impractical to pursue small individual claims.
Meta
· Meta Commercial Terms
This waiver eliminates the ability to aggregate claims with other users, which may make pursuing smaller individual claims economically impractical and prevents collective legal action.
This waiver prevents users from pooling claims in class actions, which are often the only practical mechanism for pursuing small-value disputes against a large company.
The mutual waiver eliminates users' ability to pool claims with others, which can make pursuing small or complex claims economically impractical.
Figma
· Figma Terms of Service (Superseded URL)
The waiver eliminates the Customer's ability to participate in collective legal actions against Figma regardless of the arbitration election, significantly reducing the practical leverage available for smaller individual claims.
Neither you nor StockX may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or …
This prohibition prevents users from pooling claims, which can make pursuing small or costly individual disputes impractical.
YOU AND DISCORD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING...
If, however, either subparts (1) and (2) in Section 12.2(d)...is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void...
If, for some reason, the prohibition on class arbitrations set forth in section 12 cannot be enforced, then the entirety of the agreement to arbitrate set forth in subparts 12.2.1-3 will not apply.
Any arbitration under these Terms will take place on an individual basis – class arbitrations and Class Actions (as defined below) are not permitted.
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR …
Instacart
· Instacart Terms of Service (Superseded Capture)
any dispute over whether all or part of Section 7.2.8 (Class, Collective, and Representative Action Waiver) is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator.
all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief"...shall be decided by a court of competent jurisdiction and not by an arbitrator.
THIS WAIVER OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.
If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.
If any court or arbitrator determines that the class action waiver...is void or unenforceable...then the arbitration provision...shall be deemed null and void in its entirety