Mandatory and Exclusive Arbitration Sample Clauses
Mandatory and Exclusive Arbitration. Purify Pros and Service Professional mutually agree to resolve any disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply, including, but not limited, to any and all claims arising out of or relating to this Agreement, the Service Professional's classification as an independent contractor, Service Professional’s provision of Services under this Agreement, the payments received by Service Professional for providing Services, Service Professional’s registration to use the Purify Pros platform, the formation and/or termination of this Agreement, and all other aspects of the Service Professional's relationship with Purify Pros, past or present, whether arising under federal, state or local statutory and/or common law. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, and/or formation of this Mutual Arbitration Provision. However, as stated in Section 12.2(d) below, the preceding clause of this paragraph shall not apply to the Class Action Waiver and Representative Action Waiver.
Mandatory and Exclusive Arbitration. TutorUp and Tutor mutually agree to resolve any disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply, including, but not limited, to any and all claims arising out of or relating to this Agreement, the Tutor’s classification as an independent contractor, Tutor s provision of Services under this Agreement, the payments received by Tutor for providing Services, the termination of this Agreement, and all other aspects of the Tutor’s relationship with TutorUp, past or present, whether arising under federal, state or local statutory and/or common law. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this dispute resolution provision. However, as stated in Section 8.2(d) below, the preceding clause shall not apply to the Class Action Waiver and Private Attorney General Waiver. BY AGREEING TO ARBITRATE ALL SUCH DISPUTES, THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT OR JURY TRIAL.
(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the Page4 of 7 remedy sought. Any demand for arbitration by Tutor must be delivered to ▇.▇.▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
(b) CLASS ACTION WAIVER-PLEASE READ. TutorUp and Tutor mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class and/or collective action (Class Action Waiver).
(c) REPRESENTATIVE ACTION WAIVER-PLEASE READ. TutorUp and Tutor mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a private attorney general act representative action, and an a...