Arbitration Agreement

Agreement to Arbitrate; Class Waiver

 

Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the American Arbitration Association (https://www.adr.org) in effect on the date of the proposal or paid invoice agreement.

We want to address your concerns or issues before filing a claim against Global Presence. Please get in touch with us at . We'll contact you by email to informally resolve the dispute. You or Global Presence may start a formal dispute resolution process if a dispute is not resolved within 30 days of your submission.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).

The Arbitrator shall determine all threshold arbitrability issues, including whether the Terms are enforceable, unconscionable, or illusory, and any defense to arbitration, including waiver and delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small-claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, applies.

If you are a consumer bringing a claim relating to a transaction intended for personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Broward, Florida, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only concerning the individual party seeking relief and to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect in any other case or arbitration.

 

Attorney’s Fees and Costs: The arbitrator shall award attorney's fees and costs to the prevailing party. In the interest of fairness and equity, the arbitrator is empowered to determine and grant an award that would put the prevailing party in the position they would have been had the opposing party not engaged in conduct giving rise to the dispute. The arbitrator shall provide in the award a reasoned statement regarding the allocation of attorney’s fees and costs.

Each party shall initially bear its own attorney's fees and equally share the costs and expenses of arbitration. Upon conclusion of the arbitration and in the final award, the arbitrator may re-apportion the costs of the arbitration and the reasonable attorney fees of the prevailing party, in any proportion that the arbitrator deems fair and equitable under the circumstances.

This clause is intended to be a fair and equitable solution that discourages frivolous claims or defences by ensuring that the party who does not prevail on the merits bears the burden of the opposing party's legal costs, thereby promoting efficient and good-faith practices in the resolution of disputes.

Binding Effect: The award rendered by the arbitrator shall be final and binding on both parties, and judgment upon the award may be entered in any court having jurisdiction thereof.