Common use of Arbitration and Class Action Waiver Clause in Contracts

Arbitration and Class Action Waiver. (a) Any controversy or claim arising from or relating to this Agreement or the breach thereof, shall be settled by arbitration in accordance with the Federal Arbitration Act. Arbitration will be venued in San Francisco, California, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims within the monetary limit of the small claims court shall be litigated in such court at the request of any party, so long as all parties limit their right to recovery to the jurisdiction of the small claims court; (b) Any claim filed in small claims court shall not be deemed to be a waiver of the right to arbitrate, and, if a counter claim in excess of the jurisdiction of the small claims court is filed in the municipal or superior court, then the party filing in small claims court may demand arbitration pursuant to this paragraph; (c) The arbitrators will have authority to award actual monetary damages only. No punitive or equitable relief is authorized. The arbitrators’ decision shall be final and legally binding. All parties shall bear their own costs for arbitration and no attorneys’ fees or other costs shall be granted to either party; and