Arbitration and Class Waiver. LOGISTICS PROVIDER and IC agree that any demand, assertion, or claim or cause of action for money, property, enforcement of a right, or equitable relief by and between the PARTIES shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (except as may be modified by this Arbitration Agreement), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, if necessary. The PARTIES’ agreement to arbitrate encompasses statutory claims, including but not limited to allegations of misclassification or wage and hour violations, and any dispute arising out of or relating to this Agreement. In the event of a misclassification dispute, the PARTIES expressly agree to use the commercial rules until a determination of employment statute has been made. The Commercial Arbitration Rules are available at xxx.xxx.xxx. The provisions of this Arbitration Agreement will remain in force after the PARTIES’ contractual relationship ends. BY AGREEING TO ARBITRATE ALL DISPUTES CONTEMPLATED BY THIS ARBITRATION AGREEMENT, IC AND LOGISTICS PROVIDER AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF COURT OR JURY TRIAL.
Arbitration and Class Waiver. This provision shall take precedence over and supersede any contrary or conflicting provision in the Master Agreement.
Arbitration and Class Waiver a. DEALER AGREES TO ARBITRATE ANY DISPUTE OR CLAIM THAT IT MAY HAVE WITH PROVIDER THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT OR ANY ORDER FORM OR DEALER’S USE OF OR ACCESS TO ANY PRODUCT, ONLINE PLATFORM OR GENERATED CONTENT. ARBITRATION CONDUCTED HEREUNDER SHALL BE FINAL AND BINDING. THIS ARBITRATION TITLEOPS MEANS THAT DEALER’S CLAIMS AGAINST PROVIDER WILL BE RESOLVED THROUGH ARBITRATION RATHER THAN LITIGATION IN COURT. DEALER ACKNOWLEDGES THAT PROVIDER MAY (BUT SHALL NOT BE REQUIRED TO) SUBMIT TO ARBITRATION ANY DISPUTE OR CLAIM THAT IT MAY HAVE AGAINST DEALER, WITH ANY SUCH ARBITRATION BEING GOVERNED BY THE TITLEOPSS OF THIS SECTION 23.
b. DEALER MAY OPT-OUT OF THIS ARBITRATION CLAUSE AND DOING SO WILL NOT IN ANY WAY PREJUDICE OR AFFECT DEALER’S BUSINESS OR RELATIONSHIP WITH PROVIDER. TO EXERCISE THIS OPT-OUT RIGHT, DEALER MUST PROVIDE WRITTEN NOTICE OF ITS ELECTION TO OPT-OUT TO PROVIDER AT DATA TECHNOLOGY GROUP, INC., ATTN: LEGAL DEPARTMENT, 0000 XXXXXXXXX XXXXXXXX XX., XXXXXXX, XX 00000 BY NO LATER THAN TEN (10) DAYS AFTER THE DATE ON WHICH DEALER FIRST SIGNSOR SUBMITS ANY ORDER FORM OR USES OR ACCESSES ANY PRODUCT OR ONLINE PLATFORM (WHICHEVER OCCURS FIRST). THE PROCEDURE SET FORTH IN THIS SECTION 23.B IS THE ONLY WAY TO OPT-OUT OF THIS ARBITRATION CLAUSE, AND ANY ATTEMPTS TO OPT-OUT AFTER THE DEADLINE SET FORTH HEREIN WILL BE INEFFECTIVE.
c. ANY ARBITRATION PROCEEDING UNDER THIS SECTION 23 WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE PROCEEDINGS OF ANY KIND ARE NOT PERMITTED AND DEALER EXPRESSLY WAIVES ITS ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING AGAINST PROVIDER OR ITS AFFILIATES. TO THE EXTENT THAT DEALER OPTS-OUT OF THE ARBITRATION CLAUSE BY FOLLOWING THE PROCEDURE SET FORTH IN SECTION 23.B, OR IF THE ARBITRATION CLAUSE IS FOUND INAPPLICABLE TO DEALER’S DISPUTE WITH PROVIDER, THIS CLASS WAIVER WILL CONTINUE TO APPLY IN LITIGATION. DEALER AGREES THAT THIS CLASS WAIVER IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN DEALER AND PROVIDER AND THAT THIS CLASS WAIVER MAY NOT BE SEVERED. IN THE EVENT THAT THIS CLASS WAIVER IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE IN THIS SECTION 23 WILL BE NULL AND VOID.
d. ANY DISPUTE OR CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 23 SHALL BE SUBMITTED TO BINDING ARBITRATION ADMINISTERED BY JAMS PURSUANT TO THE JAMS STREAMLINED RULES. THE DISPUTES AND CLAIMS SUBJECT TO ARBITRATION PURSUANT TO TH...
Arbitration and Class Waiver
