Dispute Resolution & Arbitration Policy

Before initiating any legal action or dispute resolution procedure (except for cases of Monetary Breach as determined solely by ITLTC), the following process must be followed:

A Notice of Default and Opportunity to Cure must be provided and not reasonably resolved. If still unresolved, the following procedure will apply:
 

i. Initial Resolution Attempt

If a dispute is not resolved through good faith negotiations within 30 calendar days of written notice, the matter shall proceed to mediation as outlined below.
 

ii. Mediation Requirement

Upon the expiration of the 30-day negotiation window (unless extended in writing), the Parties shall:

• Submit the dispute to a mutually acceptable mediation service located in Tampa, Florida

• File a joint written request for mediation, specifying the dispute and the relief sought

• Cooperate in selecting a neutral mediator and scheduling the mediation

iii. Failure to Participate in Mediation

A party’s failure to cooperate in mediation will be considered irreparable harm to the other party. In such cases:

• The non-breaching party may obtain equitable or injunctive relief

• Relief may be sought in state or federal court in Tampa, Florida, or during arbitration

• No bond is required to obtain such relief

• Attorneys’ fees and costs for enforcing mediation may be awarded immediately

Clients agree to mediate in Tampa, Florida, regardless of the merits or value of the claim.
 

iv. Arbitration Process

If unresolved after 60 days from the original written notice, either party may initiate binding arbitration in Tampa, Florida under the following terms:

v. Arbitration Administration

• Conducted by one arbitrator

• Mutual agreement will determine the arbitrator; otherwise, an appointment may be requested

• Arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (AAA)

• Each party retains the right to conduct discovery as authorized by the AAA

• In case of conflict between AAA rules and this agreement, the terms of this agreement prevail

vi. Arbitrator’s Authority and Damages

• Decisions must include detailed findings of fact and conclusions of law

• Arbitrators cannot:

  • Award punitive damages

  • Award damages beyond actual or contractual terms, except:

    • Statutory or multiplied damages for non-payment or issuing a bad check

• ITLTC's liability is limited by the terms of this agreement

vii. Finality and Jurisdiction

• Arbitration awards are final and binding

• Judgment may be entered in state or federal court in Tampa, Florida

• Florida law governs all proceedings

• Client consents to jurisdiction in Florida

viii. Equitable Relief

If either party breaches this agreement, the other may:

• Obtain temporary restraining orders or injunctions without posting bond

• Seek provisional or conservatory measures from either:

  • The arbitrator

  • A state or federal court in Tampa, Florida

No action may be taken to divest an arbitrator of jurisdiction.

ix. Waiver of Jury Trial and Class Action

IMPORTANT:

By using ITLTC services, the Parties agree that:

• All disputes will be resolved through arbitration only

• Each party waives the right to a jury trial

• All claims must be resolved on an individual basis

• Class, representative, or collective actions are strictly prohibited

This Class Action and Multi-Party Waiver is essential to this agreement. If invalidated, the entire arbitration agreement becomes null and void for that dispute. Only a court (not an arbitrator) can rule on the validity of this waiver.