By signing below I agree with all guidelines and procedures that have been addressed. This acknowledgement also signifies that STRATUM HR has provided me with the tools I need to be safe and alert in my work environment. During your employment at any of our offices or at Client facilities we service and any time thereafter, applicant is restricted from utilizing, disclosing, disseminating any confidential information from this company or any of its clients or prospective clients. Confidential Information includes but is not limited to the following: Personnel records, formulas, patterns, devices, processes, compilations, records, specifications, financial data, manner of operation, customer/client lists, costing procedures, custom application source code, custom scripts, website graphic design, web design content, agreements and contracts with content aggregators, web page source code, network design and topology, agreements and understandings of contracts with third party vendors, information concerning union relationships, system integration, customer billing, customer support, inventions, discoveries, concepts, ideas, information and improvements, either patentable or not, plus any other information deemed proprietary to this company or serviced by this company. This Agreement to Arbitrate Claims is for the purpose of resolving claims by arbitration and is mutually binding upon me and thiscompany unless otherwise agreed to in writing. I agree to arbitrate and resolve any dispute, claim, or controversy. In exchange, this Company also agrees to arbitrate any Claims they may have against me. I agree that this Agreement applies to any Claim that occurred before or after this Agreement took effect. I understand and agree that the consideration for this Agreement is the mutual obligation to arbitrate between this Company and myself in addition to my employment, or continued employment. Claims include all disputes not prohibited by law from arbitration, including statutory and common law claims, whether under state, federal, or local law, including, but not limited to, theories arising under breach of implied or express contract; implied covenant of good faith and fair dealing; constructive discharge; wrongful discharge; negligence; gross negligence; defamation; false imprisonment; worker’s compensation retaliation; intentional infliction of emotional distress; misrepresentation; personal injury; wage and hour claims; claims arising from work-related activities; unsafe workplace; unlawful discrimination, retaliation, or harassment; sexual harassment; violations ofTitle VII of the Civil Rights Act, as amended; Age Discrimination in Employment Act (ADEA); Americans with Disabilities Act (ADA); Fair Labor Standards Act (FLSA); Industrial Wage Orders; or any other dispute between the Parties. Claims under the National Labor Relations Act are expressly not covered by this Agreement. Preliminarv Injunctive Relief: Nothing in this Agreement affects the Parties’ entitlement to preliminary injunctive relief pending the outcome of the arbitration procedure regarding any Claims between the Parties. A request for preliminary injunctive relief shall not be deemed incompatible with, nor a waiver of, the requirement to arbitrate claims between the Parties. The Parties agree that the Claims shall be finally decided by arbitration administered by the American Arbitration Association (AAA) pursuant to its Employment Arbitration Rules & Mediation Procedures and subject to any minimum standards of procedural fairness or due process recognized by AAA. In the event that AAA is unable or unwilling to hear the case, alternate arbitrators may be selected by AAA or a similar group. I have being provided with a copy of the AAA Employment Arbitration Rules & Mediation Procedures in conjunction with this Agreement and I have been made aware that I maintain obtain additional copies either from the Human Resources office. In consideration for the mutual promises contained in this Agreement, and employees’ continued employment with Employer, the Parties agree that neither shall have the right to: (a) Arbitrate any Claim on a class or collective action basis or in a purported representative capacity on behalf of any fellow employees, contractors, or anyone similarly situated; (b) Join or to consolidate in any arbitration Claims brought by or against the Parties, unless otherwise agreed to in writing by all Parties; (c) Litigate any Claims in court or to have a jury trial on any Claims; and (d) Participate in a representative capacity or as a member of any class of claimants in an action in a court of law pertaining to any Claims. Should any portion of this Agreement be declared or be determined by any court or tribunal of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby and shall remain in full force and effect, and said illegal or invalid part, term, or provision, shall be deemed not to be a part of this Agreement to the most limited extent necessary to make all of the remaining terms and provisions enforceable. BY MY SIGNATURE
BELOW, I ALSO ACKNOWLEDGE THAT I WILL FOLLOW TO THE FULLEST THE EMPLOYMENT ARBITRATION RULES AND MEDIATION PROCEDURES.