Sentences with phrase «action waiver provisions»

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

Not exact matches

The Action Network Group's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

The No Child Left Behind Act prescribed sanctions for schools and districts failing to make «Adequate Yearly Progress,» and even under the waivers that most states have now obtained from NCLB's accountability provisions they must still show how they will take action on their lowest - performing schools.

It is not just the long delay that argues for congressional action, but the extent to which the Obama administration has replaced the provisions of the bill with its own set of priorities implemented through Race to the Top and state waivers.

The purpose of this new rule is to implement the charter school accountability provisions relating to school improvement plans, corrective actions, and waivers of termination.

A landlord would be remiss not to require that waiver, in fact If the provisions of the law were applicable to a tenant who burned the building down, not only would the landlord have no cause of action against the tenant, but the landlord's insurance company wouldn't even be able to subrogate against that tenant because their only right of recovery is in the landlord's stead, which he assigned to them when they paid the claim.

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

This agreement contains a mandatory individual arbitration and class action / jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

The term «Dispute» means any dispute, claim, or controversy between you and TopResume regarding any aspect of your relationship with TopResume, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below).

NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH TOPRESUME.

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 any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.»