By submitting your application, you are agreeing to this Arbitration Agreement, which mutually requires both you and Coinbase, Inc. or its related entities (“Coinbase”) to arbitrate covered claims. This Arbitration Agreement is a contract to arbitrate covered disputes. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). The arbitration will be conducted by a neutral arbitrator (“Arbitrator”) selected by mutual agreement of you and Coinbase. If you and Coinbase cannot agree on selection of the Arbitrator for any reason, then either Coinbase or you may mutually agree to use an arbitration service provider, such as Judicial Arbitration and Mediation Services/Endispute, Inc. (“JAMS”), for appointment of a neutral arbitrator the provider’s selection process. If you and Coinbase cannot agree on the selection of an arbitration service provider, then either party may apply to a court of competent jurisdiction for appointment of a neutral arbitrator, and such appointed Arbitrator shall act under this Agreement with the same force and effect as if the parties selected the Arbitrator by mutual agreement. All disputes covered by this Arbitration Agreement will be decided by a single arbitrator through final and binding arbitration and not by way of court or jury trial. This Arbitration Agreement is intended to be as broad as legally permissible, and, except as it otherwise provides, applies to all claims or controversies, past, present, or future, that otherwise would be resolved in court, including without limitation, claims or disputes arising out of or related to this Agreement, your application and selection for employment, and employment and termination of employment (if you are hired), and statutory or common law claims or disputes based upon or related to background checks, privacy, the employment relationship or the termination of that relationship, contracts, trade secrets, unfair competition, compensation, classification, minimum wage, overtime, breaks, meal and rest periods, termination, retaliation, discrimination, or harassment. Disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement and disputes that may not be subject to pre-dispute arbitration agreement under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act are not covered under this Arbitration Agreement. If any claim(s) not covered under this Arbitration Agreement above are combined with claims that are covered under this Arbitration Agreement, to the maximum extent permitted under applicable law, the covered claims will be arbitrated and continue to be covered under this Arbitration Agreement. You and Coinbase will follow applicable law and the JAMS Rules applicable to filing fees, and Coinbase will pay all costs and expenses unique to arbitration, including without limitation the arbitrator’s fees. Parties are responsible for their own attorney’s fees, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted (including, without limitation, the law of remedies, if applicable). The parties are entitled to adequate civil discovery as determined by the arbitrator. Either party may file a dispositive motion, such as a motion to dismiss and/or a motion for summary judgment, and the arbitrator will apply the standards under the Federal Rules of Civil Procedure. The arbitrator will render an award by written opinion and include the factual and legal basis for the decision. The location of the arbitration proceeding shall take place in the county where you applied for a job or are/were employed (if hired), unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with a government agency, including without limitation, the Equal Employment Opportunity Commission, U.S. Department of Labor, Commission, Office of Federal Contract Compliance Programs, Securities and Exchange Commission, National Labor Relations Board, Occupational Safety and Health Administration, any similar state or local agencies, or law enforcement agencies.
The parties agree to bring any claim or dispute on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective ("Class Action Waiver"). The parties agree to bring any claim or dispute on an individual basis only, and not as a Private Attorneys General Act (“PAGA”) representative action or other type of representative action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective ("PAGA Representative Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the JAMS Rules, the interpretation, applicability, enforceability or validity of the Class Action Waiver or PAGA Representative Action Waiver may be determined only by a court and not an arbitrator. If there is a final judicial determination that that all or part of the Class Action Waiver or PAGA Representative Action Waiver is unenforceable, the class and/or collective action and/or PAGA representative action shall be severable to the extent necessary and to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and/or PAGA Representative Action that is enforceable shall be enforced in arbitration. Under no circumstances may an arbitrator preside over a class and/or collective action or a PAGA representative action brought by you or the state on behalf of other individuals.
If any provision of this Arbitration Agreement is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of the remainder of the Arbitration Agreement.