You and homecleaning.nyc agree to utilize binding individual arbitration as the sole and exclusive means to resolve all disputes that may arise out of or be related in any way to the Terms of Service. You and homecleaning.nyc each specifically waive and relinquish our respective rights to bring a claim against the other in a court of law and to have a trial by jury. You and homecleaning.nyc agree that any claim, dispute, and/or controversy that either may against the other shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act. It is agreed that any claims brought under this arbitration provision shall be brought in an individual capacity.

This binding arbitration provision shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or permit such claims to proceed as a class or collective action. No arbitrator shall have the authority to order any such class or collective action. Any dispute regarding the validity, scope or enforceability of this Agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. By signing this agreement, you are agreeing to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis. A party wishing to initiate arbitration must notify the other party in writing by hand delivery or certified mail.

The arbitrator selected to hear claims under this Agreement shall be a retired federal judge or judge of the state court of general jurisdiction, or an otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. The arbitrator shall follow and observe the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and all rules of pleading, all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and directed judgment or non-suit shall apply and be observed. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged.

The party who requests arbitration shall pay the filing fee. homecleaning.nyc will pay arbitration costs unique to the arbitration over and above those that you would pay if the action was filed in a court of law. Each party shall pay its own attorneys’ fees and costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.) Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. Each party is responsible for paying their own fees and expenses associated with hiring an attorney, experts, witnesses, and costs in preparing for the arbitration (such as preparing a brief).

The arbitration proceedings and arbitration award shall be maintained by the arbitrator, you and the Company as strictly confidential, except as is otherwise required by court order, or by law, or as is necessary to confirm, vacate, challenge or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management, and to a spouse or parent of a party who is an individual. If any term or provision or any portion of this provision is deemed invalid or unenforceable, it shall be severed and the remainder of this provision shall be enforceable.