I was reading a contract from a particular large merchant service provider, and found an interesting clause in their developer portal terms & conditions which reads as follows :
You agree that you may bring or participate in claims against Moneris in your individual capacity only and not as a plaintiff or class member in any purported class or representative proceeding. Unless you and Moneris agree otherwise, the arbitrator(s) may not consolidate or join the claims of other persons who may be similarly situated, and may not preside over any form of a representative or class proceeding.
Is something like this even enforceable ? I understand you can put lots of stuff into agreements which seem like you are losing your rights, yet are not enforceable. For example a company could put in "You agree that your life is forfeit if you do not pay within 10 business days", while the user agreed to the terms of service, this is clearly illegal to the extent it may negate the legitimacy of the entire legal blah.
Is a clause in someones terms and conditions that explicitly forbids participation in class action suits against the respective company, enforceable ?