Arbitration Agreement & Class Action Waiver
Last Updated: January 2, 2026
IMPORTANT: PLEASE READ CAREFULLY
This Arbitration Agreement and Class Action Waiver ("Agreement") is a binding legal contract between you ("Client") and MPE Consulting Group ("Consultant," "we," "us," or "our"). By engaging our services, you agree to resolve disputes through binding arbitration rather than in court, and you waive your right to participate in class actions. You have the right to opt out of this arbitration agreement within 30 days of first engaging our services. If you are an individual purchasing primarily for personal, family, or household purposes, the American Arbitration Association Consumer Arbitration Rules and Consumer Due Process Protocol apply instead of the Commercial Rules, and nothing in this Agreement waives a right or remedy that applicable law does not permit to be waived.
1. Agreement to Arbitrate
1.1 Scope. You and the Consultant mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and the Consultant, including the validity, enforceability, or scope of this arbitration agreement (collectively, "Disputes"), shall be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise provided herein.
1.2 Covered Claims. This arbitration agreement covers, without limitation:
- Claims arising from or relating to the Services provided
- Claims arising from or relating to any representations, statements, or omissions
- Claims arising from or relating to any breach of contract, tort, or statutory violation
- Claims that arose before this or any prior agreement
- Claims that may arise after termination of the Services
1.3 Exclusions. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
2. Arbitration Procedures
2.1 Arbitration Administrator. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures, as modified by this Agreement. The AAA Rules are available at www.adr.org.
2.2 Location. Unless you and the Consultant agree otherwise, the arbitration shall take place in Atlanta, Georgia. For claims of $25,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based solely on written submissions.
2.3 Arbitrator Selection. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitrator must be a retired judge or an attorney with at least ten (10) years of experience in commercial or professional services disputes.
2.4 Arbitrator Authority. The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of this Agreement is void or voidable. The arbitrator shall have the authority to grant any remedy or relief that would be available in court, subject to the limitations set forth in the Terms of Service.
2.5 Costs and Fees. Payment of filing fees, administration fees, and arbitrator fees shall be governed by the AAA Rules, unless otherwise stated in this Agreement. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may reallocate payment of fees.
2.6 Confidentiality. The arbitration proceedings and any award shall be confidential, except as necessary to confirm, vacate, or enforce the award, or as otherwise required by law.
3. Class Action Waiver
3.1 Waiver of Class Proceedings. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE CONSULTANT EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
3.2 Individual Claims Only. You and the Consultant agree that any Dispute shall be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
3.3 No Consolidation. Unless both you and the Consultant agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.
3.4 Severability of Class Action Waiver. If any portion of this class action waiver is found to be unenforceable or unlawful, then: (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact on the remainder of the arbitration agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis; and (c) any claims that cannot be arbitrated on an individual basis shall proceed in a court of competent jurisdiction.
4. Time Limitation on Claims
4.1 One-Year Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM OR DISPUTE AROSE, OR THE CAUSE OF ACTION ACCRUED. ANY CLAIM NOT FILED WITHIN THIS TIME PERIOD SHALL BE PERMANENTLY BARRED.
4.2 Preservation of Applicable Statutes. This limitation period does not affect any statutory limitation period that cannot be waived or shortened by agreement.
5. Opt-Out Right
5.1 Opt-Out Procedure. You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to opt out to the following address within thirty (30) days of first engaging our Services:
MPE Consulting Group
Attn: Legal Department – Arbitration Opt-Out
3343 Peachtree Rd. NE, Suite 180 #1068
Atlanta, GA 30326
Email: contact@mpeconsultinggroup.com
5.2 Opt-Out Notice Requirements. Your opt-out notice must include: (a) your full legal name; (b) your mailing address; (c) your email address; (d) a clear statement that you wish to opt out of this arbitration agreement; and (e) your signature.
5.3 Effect of Opt-Out. If you opt out of this arbitration agreement, all other provisions of the Terms of Service will continue to apply. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may have entered into with us.
6. Governing Law
6.1 Applicable Law. This Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws provisions. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation and enforcement of this arbitration agreement.
6.2 Survival. This arbitration agreement shall survive the termination of your relationship with the Consultant and the termination of any Services.
7. Modifications
Notwithstanding any provision in the Terms of Service to the contrary, if the Consultant makes any future change to this arbitration agreement (other than a change to the notice address), you may reject any such change by sending written notice within thirty (30) days of the change to the notice address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and the Consultant in accordance with the language of this Agreement as of the date you first engaged our Services.
Acknowledgment
By engaging the services of MPE Consulting Group, you acknowledge that you have read this Arbitration Agreement and Class Action Waiver, understand its terms, and agree to be bound by it. You understand that, to the extent permitted by applicable law, you are waiving your right to a jury trial and your right to participate in class actions or other representative proceedings.