By agreeing to these Terms, you agree that you are required to resolve any dispute, controversy, or claim that you may have against Forum & Social and/or certain service provider(s) of Forum & Social (who you have entered into a separate service agreement with) (“Forum & Social’s Service Providers”) on an individual basis in binding arbitration as set forth under this Arbitration Agreement, including but not limited to any alleged violation of any federal, state, or local statute, regulation, common law, or public policy by either party, whether sounding in contract, tort, or statute (each a “Claim” and collectively, “Claims”). You agree that any Claim you may have against Forum & Social and/or Forum & Social’s Service Providers shall be submitted to and decided by binding arbitration administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time that the Claim is brought. In the event that ADR is not available or will not administer the arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules that are in effect at the time the arbitration is initiated (the “AAA Rules”). The arbitration hearing shall take place in the county of your billing address or by videoconference. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
To the fullest extent permitted by federal and/or applicable state law, ALL DISPUTES AND CLAIMS BETWEEN YOU AND Forum & Social OR Forum & Social’S SERVICE SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), our Platforms, our Services, any other services made available through our Platforms or a third-party provider, your relationship with Forum & Social, the threatened or actual suspension, deactivation or termination of your user account or this Agreement, criminal background checks and driving history checks performed by or on Forum & Social’s behalf, payments made by you or any payments made or allegedly owed to you by Forum & Social or Forum & Social’s Service Providers, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Forum & Social and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided herein.
For any avoidance of doubt, this Arbitration Agreement applies to all Claims between you and Forum & Social including Forum & Social’s successors and assigns, employees, agents or shareholders to the fullest extent as permitted by any federal or applicable state law. This Arbitration Agreement also applies to all Claims between you and Forum & Social’s Service Providers to the fullest extent as permitted by any federal or applicable state law; and such third-party service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND THAT: (1) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. AND (2) YOU AND Forum & Social ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every Claim or dispute that can lawfully be arbitrated under federal and/or applicable state law.
For any avoidance of doubt, this Arbitration Agreement applies to all Claims between you and Forum & Social including Forum & Social’s successors and assigns, employees, agents or shareholders to the fullest extent as permitted by any federal or applicable state law. This Arbitration Agreement also applies to all Claims between you and Forum & Social’s Service Providers to the fullest extent as permitted by any federal or applicable state law; and such third-party service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND THAT: (1) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. AND (2) YOU AND Forum & Social ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every Claim or dispute that can lawfully be arbitrated under federal and/or applicable state law.
Class/Collective Action and Arbitration Waiver. Except for any Claims that cannot be waived under applicable law and are therefore excluded from this Arbitration Agreement, you agree to waive the right to assert, participate in, or receive money or any other relief from any class or collective claims against Forum & Social and Forum & Social’s Service Providers in court, arbitration, or any other proceeding. You agree that you shall only submit your own individual claims against the other parties and will not seek to represent the interests of any other person. Notwithstanding anything to the contrary in the applicable arbitration rules pursuant to this Arbitration Agreement, the arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties.
Notwithstanding anything to the contrary in the applicable arbitration rules, the arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement including the enforceability of this Arbitration Agreement and the Class/Collective Action and Arbitration Waiver under this Arbitration Agreement, and the arbitrability of any dispute between the Parties, to the fullest extent allowable under applicable law.
Notwithstanding any choice of law including the applicability of the Federal Arbitration Act, the Parties agree and EXPRESSLY AFFIRM that the Arbitration Agreement including the Class/Collective Action and Arbitration Waiver and Representative PAGA Waiver under this provision shall be specifically governed by the INTERNAL LAWS OF THE STATE OF NEW YORK. It is the EXPRESS INTENT of both Parties to be bound by the INTERNAL LAWS OF THE STATE OF NEW YORK for all purposes, including but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement including the Class/Collective Action and Arbitration Waiver and Representative PAGA Waiver under this provision.
In the event any portion of the Arbitration Agreement including the Class/Collective Action and Arbitration Waiver and Representative PAGA Waiver is deemed invalid or unenforceable, then the remaining portions of the Arbitration Agreement, including any valid portion of the Class/Collective Action and Arbitration Waiver and Representative PAGA Waiver, shall be severed and shall be enforced in arbitration to the greatest extent allowable under Federal Arbitration Act and/or applicable state law.
