Arbitration. If any dispute arises relating to your employment “13. or its termination, the dispute will be referred to and resolved by binding arbitration before a neutral arbitrator. This means that there will be no trial before a judge or jury or hearing before any state or federal administrative body of any dispute relating to your employment by Direct Commerce or the termination of that employment. The arbitration will be held in San Francisco, California and administered by ADR Services, Inc. in accordance with that The arbitrator will have organization’s rules. authority to decide on an appropriate remedy, provided that the arbitrator may only grant a remedy which a court of law could award under similar circumstances. The award of the arbitrator will be final and binding on all parties and may be enforced in any court having jurisdiction over the matter. The types of claims that are subject to arbitration will include, but will not be limited to, breach of contract, claims of improper termination of employment, claims of unlawful discrimination and claims of sexual or other forms of harassment. However, the following types of disputes will not be required to be submitted to arbitration: (a) any claim for compensable injury under or (b) California’s Worker’s Compensation Law; any claim based on or related to the and Assignment of Inventions & Confidentiality Agreement between you and Direct Commerce.” Thus, this paragraph differed from the arbitration paragraph in the initial offer letter in three respects: First, the initial offer letter specified arbitration would be before the American Arbitration Association (AAA), while the final letter provided arbitration would be administered by ADR Services, Inc. (ADR). Second, the final offer letter of to the of subject to arbitration. Third, the added “breach contract,” “type claims” provision of the final offer letter identifying claims excluded from arbitration referred to an of Inventions & Confidentiality to what the “Assignment Agreement,” rather than initial offer letter had called a and Inventions “Confidentiality Agreement.” Both the initial offer letter and the final offer letter referred to confidentiality in two other paragraphs. Paragraph 8 of the initial offer letter, entitled “Confidential Information,” stated Commerce anticipates that it will develop key proprietary “Direct information crucial to its and provided Farrar would, as a condition of her business” employment, sign Confidentiality Agreement in the form delivered to you by Direct “a The closing paragraph of the initial offer letter, before the signature block, Commerce.”
“13. Arbitration. If any dispute arises relating to your employment or its termination, the dispute will be referred to and resolved by binding arbitration before a neutral arbitrator. This means that there will be no trial before a judge or jury or hearing before any state or federal administrative body of any dispute relating to your employment by Direct Commerce or the termination of that employment. The arbitration will be held in San Francisco, California and administered by ADR Services, Inc. in accordance with that organization’s rules. The arbitrator will have authority to decide on an appropriate remedy, provided that the arbitrator may only grant a remedy which a court of law could award under similar circumstances. The award of the arbitrator will be final and binding on all parties and may be enforced in any court having jurisdiction over the matter. The types of claims that are subject to arbitration will include, but will not be limited to, breach of contract, claims of improper termination of employment, claims of unlawful discrimination and claims of sexual or other forms of harassment. However, the following types of disputes will not be required to be submitted to arbitration: (a) any claim for compensable injury under California’s Worker’s Compensation Law; or (b) any claim based on or related to the and Assignment of Inventions & Confidentiality Agreement between you and Direct Commerce.” Thus, this paragraph differed from the arbitration paragraph in the initial offer letter in three respects: First, the initial offer letter specified arbitration would be before the American Arbitration Association (AAA), while the final letter provided arbitration would be administered by ADR Services, Inc. (ADR). Second, the final offer letter added “breach of contract,” to the “type of claims” subject to arbitration. Third, the provision of the final offer letter identifying claims excluded from arbitration referred to an “Assignment of Inventions & Confidentiality Agreement,” rather than to what the initial offer letter had called a “Confidentiality and Inventions Agreement.” Both the initial offer letter and the final offer letter referred to confidentiality in two other paragraphs. Paragraph 8 of the initial offer letter, entitled “Confidential Information,” stated “Direct Commerce anticipates that it will develop key proprietary information crucial to its business” and provided Farrar would, as a condition of her employment, sign “a Confidentiality Agreement in the form delivered to you by Direct Commerce.” The closing paragraph of the initial offer letter, before the signature block,