Pro Services Agreement for Independent Contractor Gig Postings
Last Updated: [6/13/25]
This Pro Services Agreement for Independent Contractor Gig Postings (“IC PSA”), in addition to the Terms of Use and Marketplace Platform Terms, applies to IC Pros (as defined in the Marketplace Terms) and governs access to the Marketplace for IC Gig Postings and performance of related Gig Services. In the event of any conflict between this IC PSA and the Marketplace Terms, the IC PSA prevails as to our relationship with you and your obligations in connection with IC Gig Postings and associated Gig Services. Capitalized terms used but not defined in this IC PSA have the meanings described in the Terms of Use and Marketplace Terms.
By accessing the Marketplace as a Pro User in connection with IC Gig Postings (including by interacting with IC Gig Postings) or by performing associated Gig Services, you are agreeing to this IC PSA and concluding a legally binding contract with Qwick. For the purposes of this IC PSA, “you” or “your” refers to an IC Pro.
ARBITRATION NOTICE: THIS IC PSA IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 10 BELOW. These provisions limit our liability to you and affect how disputes are resolved.
STATUS AS AN INDEPENDENT CONTRACTOR. You agree that you are using Qwick and the Marketplace in order to provide services to Business Users. You agree that you are not an employee of Qwick and, instead, that you are an independent contractor. You agree that the services you provide or work you perform is not in the same line of business as Qwick. You agree that Qwick only provides a Marketplace and facilitates payment whereas you provide specialized services that Qwick does not and cannot provide.
ONBOARDING TO MARKETPLACE. In order to interact and apply for IC Gig Postings, you must create and keep updated your Pro Account and complete Set-Up (described below).
Set-Up. Before you can apply to available IC Gig Postings, you must set-up your Account and undergo verification by Qwick. Once verified, you may be provided the option to undergo a background check performed by Qwick.
User Registration and Account Information. You agree to provide true, accurate, current, and complete information as prompted by the Account registration form, including details such as your educational background, work experience, and any professional certifications you hold, if applicable. You further agree to maintain and promptly update this information to ensure that it remains true, accurate, current, and complete while you retain an Account.
Background Checks. IC Pros may authorize Qwick to perform an optional criminal background check, directly or through designated third-party vendors or service providers, at the time of Account creation or thereafter. Some IC Gig Postings require IC Pros to undergo a background check to apply to the IC Gig Posting. If you authorize Qwick to perform a background check, you also authorize Qwick to share the results of such criminal background checks with any Business User where you have applied for or are being considered for a Gig Posting and you agree that such information may be used to deny or terminate you from such Gig Posting where appropriate under applicable law, including the Green factors. Where required by applicable law, your results will only be shared during the conditional offer phase. For purposes of this section, the “Green factors” are the three factors endorsed by the Equal Employment Opportunity Commission and other civil rights agencies to assess whether a conviction should bar an applicant from a position. These three factors are: (1) The nature and gravity of the offense; (2) The time that has passed since the offense or conduct and/or completion of the sentences: and (3) The nature of the job held or sought. Nothing in this section shall be interpreted as authorizing or requiring Qwick to perform any screening activities that violate the federal Fair Credit Reporting Act, Title VII of the Civil Rights Act of 1964, or any other applicable federal or state law.
Previous Work History. You authorize Qwick to verify your relevant work and employment history as it relates to the IC Gig Posting(s) or Certifications to which you apply.
Training and Experience. You authorize Qwick to confirm your training and experience relevant to the requirements of the Gig Posting(s) or Certification.
Proof of Compliance. You acknowledge that Qwick may provide proof of compliance with these verification processes, upon reasonable request, to relevant Business Users.
YOUR RELATIONSHIP WITH QWICK
Within your Account, you set your visibility zip code, which determines the Gig Postings displayed to you in the Marketplace.
For each IC Gig Posting, you shall review the nature and type of Gig Services required, including all competencies; and all additional details, including the start and end times, the location where the Gig Services must be performed, and estimated hours. By applying to an IC Gig Posting, you represent and warrant that you meet all requirements for such IC Gig Posting, including licensure, professional experience, and competencies, and are willing to perform the Gig Services in accordance with the timeframe, schedule, and location of the IC Gig Posting. If you do not meet all qualifications for a particular IC Gig Posting, you must not accept any offered Gig Services.
An IC Pro who has completed onboarding requirements outlined in this IC PSA will be eligible to apply for IC Gig Postings.
You acknowledge and agree that by accessing the Marketplace as an IC Pro, applying for IC Gig Postings or performing associated Gig Services, you are not and do not become an employee of Qwick or the Business User. Qwick does not oversee, dictate, control or assess performance of Gig Services by Pro Users. Neither Pro User nor Business User is authorized to and shall not represent to any third party that it is authorized to make any commitment or other act on behalf of Qwick.
You acknowledge and agree that irrespective of your independent contractor status, that you will not receive benefits from Qwick or Business Users.
YOUR PERFORMANCE OF GIG SERVICES
Nothing in this IC PSA shall be deemed to restrict your ability to be engaged in or employed by any other business, trade, profession or other activity while providing Gig Services under this IC PSA.
You possess and maintain at your own expense all equipment, tools, training, and vehicles, including those pertaining to health, safety, inspection, and operational capability (collectively “Equipment”) necessary to lawfully provide Gig Services under this IC PSA, and you acknowledge that you are responsible for any and all costs and expenses you may incur under this IC PSA. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
You are not entitled to or eligible for any benefits that Qwick, its parents, subsidiaries, affiliates or other related entities may make available to its employees. Because You are an independent contractor, Qwick will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. If, notwithstanding the foregoing, you are reclassified as an employee of Qwick or any affiliate of Qwick or any Business User by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state, local, or foreign court or agency, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by Qwick, its parents, subsidiaries, affiliates, or other related entities, or by any Business User for whom you provided Gig Services under this IC PSA.
You shall be solely and exclusively responsible to maintain your own insurance, including workers’ compensation or occupational accident insurance. If you are injured while in the course and scope of providing Gig Services, you will not be covered by any workers’ compensation insurance coverage that Qwick may provide to its employees. Further, in the event that your actions or inactions cause an injury to a third party while you are in the course and scope of providing Gig Services, you will not be covered by any general liability or automobile liability insurance coverage that Qwick may have. Qwick makes no commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation. If you do not provide proof of workers' compensation or occupational accident insurance, you may be charged a Trust and Safety Fee that will be paid towards Qwick’s supplemental occupational accident insurance. By agreeing to this IC PSA, you agree to pay this fee, which will be deducted from payments for Completed Gig Services.
You must create and maintain an active Account to access the Marketplace and any features or functions made available therein. You agree to comply with all applicable laws when using the Marketplace, and you may only use the Marketplace for lawful purposes.
You are free to select the time(s) and frequency with which you to access the Marketplace, subject to the terms of this IC PSA, and you are free to accept, reject, or ignore any particular Gig Posting made available to you on the Marketplace.
You agree to perform any Gig Services for which you contracted pursuant to this IC PSA in a timely, safe, and lawful manner, and you and Qwick each acknowledge that Qwick has no right to and shall not direct or control the manner and means by which you provide Gig Services pursuant to an IC Gig Posting.
You are not required at any time to wear or use any clothing and/or equipment provided by or bearing Qwick’s name or logo. Similarly, you are not required to purchase, lease, or rent any products, equipment, or services from Qwick.
PAYMENTS
Unless otherwise notified in writing by Qwick, you will receive payment in an amount consistent with the rate you accepted for a Gig Posting for all undisputed time recorded and submitted to Qwick as worked for that Completed Gig Service. Payments are typically made to IC Pros for Completed Gig Services within twenty-two (72) hours of Completed Gig Services.
Qwick’s sole obligation to you is to provide access to the Site and Marketplace (pursuant to respective Terms), collect payment due for Completed Gig Services from the Business User, and facilitate payment of undisputed amounts to you. Qwick will collect payment due from a Business User, on behalf of an IC as IC Pro’s limited payment collection agent, and payment by Business User to Qwick shall be considered the same as payment made directly to you. You agree that Qwick is not directly liable for payments for Completed Gig Services and Qwick’s sole obligation is to provide payments solely to the extent proceeds have cleared from Business User to Qwick for Completed Services. For payments not cleared or otherwise paid, Pro User agrees to hold Business User solely liable.
Qwick uses one or more third-party payment processors to facilitate payments arising from IC Gig Services (“Payment Processor”). By using Qwick, you agree to be bound by the Payment Processor’s terms and conditions for use and such Payment Processor may require you to sign up for a separate account. To receive payments through Qwick, you will be required to provide information necessary to set up and maintain a Payment Processor account, including but not limited to tax identification information, bank account details, and verification documentation. All information provided to the Payment Processor is subject to the Payment Processor’s privacy policies and notices at collection. Qwick does not store or control payment credentials. Qwick may use Stripe, Inc. (“Stripe”) as its payment processor. By using Qwick, you agree to be bound by Stripe’s terms and conditions and are subject to Stripe’s then-current privacy policy.
If you earn the minimum income established by the Internal Revenue Service, Qwick or its Payment Processor shall report all payments made to you on a calendar-year basis by issuing you an IRS Form 1099. You agree that Qwick and its third-party vendors may fulfill tax-related obligations, including providing tax documents, by electronic transmission to the email address associated with your Account.
You agree that you are solely responsible for timely filing all tax returns and submitting all payments as required by the appropriate tax authorities.
REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant to Qwick that:
You will perform and/or cause to be performed all Gig Services in a professional and workmanlike manner;
None of such Gig Services nor any part of this IC PSA will be inconsistent with any obligation you may have to third parties;
You shall comply with all applicable laws, Qwick safety rules, and the safety rules of Business Users in the course of performing the Gig Services; and
If the Gig Services requires a license or other certification, you have lawfully obtained and maintain that license or certification at the time of performing the Gig Services.
ASSIGNMENT AND BINDING EFFECT. This IC PSA and the Gig Services contemplated hereunder are personal to you and you shall not have the right or ability to assign, transfer or subcontract any rights or obligations under this IC PSA without the written consent of Qwick. Any attempt to do so shall be void. Qwick may fully assign and transfer this Agreement in whole or part.
WAIVERS. Any waiver by Qwick of any terms or provisions hereof shall not constitute a waiver of such term or provision for any other purposes.
CONSTRUCTION OF AGREEMENT; ORDER OF PRIORITY; ENTIRE AGREEMENT; PARTIAL INVALIDITY. The headings used in this IC PSA have been prepared for the convenience of reference only and shall not control, affect the meaning, or be taken as an interpretation of any provisions of this IC PSA. This IC PSA has been prepared on the basis of mutual understanding of the parties and shall not be construed against either party by reason of such party’s being the drafter hereof. If any part, term, or provision of this IC PSA shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this IC PSA, the validity of the remaining portion or portions shall not be affected thereby.
MUTUAL AGREEMENT TO ARBITRATE / CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A MASS OR CLASS ACTION.
THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT IS THE SOLE AND EXCLUSIVE DISPUTE RESOLUTION PROVISION THAT APPLIES TO IC PROS AND SUPERSEDES ANY OTHER ARBITRATION AGREEMENT CONTAINED IN ANY OTHER AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN THE TERMS.
THIS ARBITRATION AGREEMENT IS INTENDED TO BE A COMPLETE AND EXCLUSIVE STATEMENT OF THE PARTIES’ AGREEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, WHETHER ORAL OR WRITTEN.
Exclusive Dispute Resolution Mechanism. The parties agree that to the greatest extent permitted by applicable law, all disputes, claims, or controversies arising out of or relating to this IC PSA, or the breach, termination, or invalidity hereof, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory (including any allegation of misclassification), (each, a “Dispute”) between the parties (or their representatives, successors, or insurers) will be resolved under the provisions set forth in the sections below, which shall be the exclusive mechanism for resolving any dispute that may arise from time to time between the parties (“Arbitration Agreement”). THE PARTIES UNDERSTAND THAT BY AGREEING TO THESE TERMS, THEY ARE GIVING UP THE RIGHT TO A JURY TRIAL, TO FILE A LAWSUIT IN COURT AGAINST THE OTHER, AND THE RIGHT TO BRING A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER IN COURT OR IN ARBITRATION FOR COVERED DISPUTES (subject to the terms of the California PAGA Individual Action requirement set forth below), regarding any claims covered by this Arbitration Agreement. This section on arbitration applies to Qwick and its related and affiliated companies, including but not limited to Qwick’s past and present shareholders, directors, officers, employees, alleged agents, contractors, insurers, parent companies, subsidiaries, affiliates (including Labor Force Group, LLC) divisions, successors, and assigns.
Dispute Notice. In the event of any Dispute arising from or relating to the IC PSA or the breach thereof or the access or use of the Marketplace, the parties hereto shall use reasonable efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties cannot resolve the Dispute and you would like to proceed with a claim, you must send a written notice to Qwick of any Dispute (“Dispute Notice”). The Dispute Notice shall contain: (i) a written description of the claim or dispute, supporting information, and relevant documents; (ii) a statement of the proposed resolution or relief you are requesting; and (iii) your name and mailing address. Any Dispute Notice to Qwick must be sent to support@qwick.com. Qwick will assign your Dispute to a designated representative who will contact you to try to resolve the Dispute. You and Qwick agree to work together in a good faith attempt to resolve the Dispute, and no litigation or arbitration may be commenced until 30 days after the Dispute Notice is received by Qwick (the “Dispute Resolution Period”). This Dispute Notice provision is an express condition precedent to litigation or binding arbitration of any Dispute. Notwithstanding anything herein to the contrary, any Dispute between the parties regarding whether the conditions precedent in this paragraph have been met shall be submitted for resolution to a court of competent jurisdiction.
Litigation or Arbitration as a Final Resort. If the parties cannot resolve the Dispute during the Dispute Resolution Period, then after the Dispute Resolution Period has expired, you may either (i) commence binding arbitration, or (ii) file an individual claim in small claims court in a court of competent jurisdiction if the amount of your claim does not exceed the applicable small claims court limitation. THESE ARE THE EXCLUSIVE MECHANISMS FOR RESOLVING DISPUTES.
Waiver of Class Action. THE PARTIES AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER IN ARBITRATION OR COURT, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless the parties agree otherwise, any appointed arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether this waiver of class, collective, and representative actions is unenforceable, unconscionable, illegal, void, or voidable shall be submitted for resolution to a court of competent jurisdiction. If there is a final judicial determination that any portion of this Arbitration Agreement is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall remain in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration or small claims court; (iii) the unenforceable or unlawful portion(s) shall be severed; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the remaining sections and subsections of these terms or the arbitrability of any remaining claims asserted by you or Qwick.
California PAGA Individual Action Requirement. The parties agree to arbitrate California Private Attorney General Act (“PAGA”) claims on an individual basis only. Therefore, any individual claim by you (if applicable) under PAGA to recover civil penalties or other relief arising from alleged violations committed against you must be individually arbitrated under this Arbitration Agreement. The arbitrator is without authority to preside over any PAGA claim you bring on behalf of other putative aggrieved employees or other claim(s) joined by or consolidated with another person’s or entity’s PAGA claim. Notwithstanding anything herein to the contrary, any dispute between the parties regarding whether this California PAGA Individual Action Requirement is unenforceable, unconscionable, illegal, void, or voidable shall be submitted for resolution to a court of competent jurisdiction. This California PAGA Individual Action Requirement clause will be severable from this Arbitration Agreement if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void, or voidable. In such case, the PAGA action must be litigated in a civil court of competent jurisdiction — not in arbitration — but the portion of the PAGA Individual Action Requirement that is enforceable will be enforced in arbitration.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA’s Arbitration Rules (the “AAA Rules”) in effect at the time that the claim is brought unless the parties agree otherwise in writing. The AAA Rules are available at https://www.adr.org/Rules or by searching for “AAA Arbitration Rules” using a service such as www.google.com or www.bing.com. The arbitration shall be heard by one arbitrator (the “arbitrator”) selected in accordance with the AAA Rules.
The arbitrator will be either (1) a retired judge, or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The parties will select the arbitrator from the applicable arbitration provider’s roster of arbitrators. If the parties cannot agree on an arbitrator after a good faith meet and confer effort, then AAA will appoint the arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”), will govern its interpretation, enforcement, and proceedings. The parties intend to be bound by the FAA for all purposes, including interpretation, implementation, enforcement, and administration of this Arbitration Agreement. The FAA and the AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including, but not limited to, sexual assault or harassment claims) that you allege occurred in connection with your use of the Marketplace or performance of Gig Services, whether before or after the date you agreed to these terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
7. Decisions Regarding Arbitrability. The parties agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will also be responsible for determining all threshold arbitrability issues, including whether the Arbitration Agreement or these terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. This provision does not apply to exceptions set forth above regarding whether the conditions precedent to arbitration have been met, regarding the Class Action Waiver, and regarding the California PAGA Individual PAGA Requirement, which interpretation, applicability, enforceability or formation are to be determined by a court of competent jurisdiction and not the arbitrator.
8. Arbitration Process. In order to initiate arbitration following the conclusion of the Dispute Resolution Period, a party must provide the other Party with a written demand for arbitration and file the demand with AAA. A party initiating an arbitration against Qwick must send the written demand for arbitration to legal@qwick.com, or serve the demand on Qwick’s registered agent for service of process, c/o Qwick GP LLC.
9. Arbitrator’s Decision. The arbitrator’s decision will be final and binding on the parties. The arbitrator will provide a reasoned written opinion supporting the decision. The arbitrator can award damages and other relief authorized by applicable law. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute or applicable law. Judgment on the award rendered by the arbitrator will be binding and final, and may be entered in any court having jurisdiction. Except as required by law, neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration under this Arbitration Agreement without the prior written consent of both parties. The parties agree to treat all aspects of the arbitration as confidential, as provided by the AAA.
10. Application to Third Parties. This Arbitration Agreement shall be binding upon and include any claims brought by or against any third parties, including but not limited to their spouses, heirs, third-party beneficiaries (including Qwick’s related and affiliated companies, past and present shareholders, directors, officers, employees, alleged agents, contractors, insurers, parent companies, subsidiaries, affiliates (including Labor Force Group, LLC) divisions, successors, and assigns), where their underlying claims arise out of or relate to the use of the Marketplace or performance of Gig Services. To the extent that any third-party beneficiary to this Arbitration Agreement brings claims against the parties, those claims shall also be subject to this Arbitration Agreement.
11. Exceptions to Arbitration. Notwithstanding the foregoing, each party has the right to apply to any court of competent jurisdiction for interim relief necessary to preserve the party’s rights, including pre-arbitration injunctions, and such request will not be deemed incompatible with, or a waiver of, this Arbitration Agreement.
This Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court pursuant so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Marketplace or performance of Gig Services; (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (iv) workers’ compensation benefits, state disability insurance benefits or unemployment insurance benefits; and (v) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement. Such claims may be brought and litigated in a court of competent jurisdiction on an individual basis only and cannot be brought as a class, collective, coordinated, consolidated, mass, and/or representative action.
The parties’ agreement not to require arbitration does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided above, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
If either party brings a demand for arbitration or lawsuit containing both arbitrable and non-arbitrable claims, the other party reserves the right to compel arbitration of the arbitrable claims and seek appropriate remedies with respect to the non-arbitrable claims, including but not limited to a stay or dismissal of non-arbitrable claims.
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, National Labor Relations Board, Occupational Safety and Health Administration, or other state/federal law enforcement authorities. Nothing in this Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal or state administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Labor Force will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
12. Arbitration Costs. Qwick shall be responsible for the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing and that exceed those costs a Pro User would otherwise incur if the Dispute were heard in court. Each Party shall pay its own deposition, witness, expert, attorneys’ fees, and other expenses to the same extent as if the matter were being heard in court. However, if any Party prevails on a statutory claim that affords the prevailing party the right to recover attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys’ fees in accordance with the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fees or costs awarded under this Arbitration Agreement.
Any Disputes regarding a party’s obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator based on applicable law.
13. Severability and Survival. This Arbitration Agreement shall survive the termination of the Business User or Pro User’s use of the Marketplace or Account. If any provision of these Arbitration Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.