II. Arbitration Agreement

Mandatory Binding Arbitration of Disputes. By agreeing to these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a court of law in any jurisdiction and not in a class, representative or consolidated action or proceeding, as set forth further below.

You and Value Painting and Flooring agree that the U.S. Federal Arbitration Act (“FAA”) governs 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, notwithstanding any choice of law or other provision in these Terms. The parties intend that the FAA and the American Arbitration Association (“AAA”) Rules described below shall preempt all state laws to the fullest extent permitted by law. Suppose the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof. In that case, that issue shall be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions.

You and Value Painting and Flooring further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Class Action Waiver. YOU AND VALUE PAINTING AND FLOORING AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND VALUE PAINTING AND FLOORING AGREE IN WRITING, YOU AND VALUE PAINTING AND FLOORING MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, suppose the parties’ Dispute is resolved through arbitration. In that case, the Arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If the preceding sentence is unenforceable, then the entirety of this Arbitration Agreement section shall be null and void. This arbitration provision shall survive termination of these Terms.

Exceptions and Opt-Out Procedures. As limited exceptions to the mandatory arbitration provision above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the actual or threatened infringement or misappropriation of our intellectual property rights.

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms by mail at Value Painting LLC, 6574 N. State Rd—7 Suite #249, Coconut Creek, FL 33073, or by email at info@valuepaintingandflooring.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. The Opt-Out Notice must contain your name, address, and signature to be effective. If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement does not affect any previous, other, or future arbitration agreements that you may have with Value Painting and Flooring.

They are conducting Arbitration and Arbitration Rules. The AAA will administer the arbitration under its Consumer Arbitration Rules and any supplementary rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitral forum’s rules will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.

A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form of Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879.

Suppose your claim is for U.S. $10,000 or less. In that case, you may choose whether the arbitration will be conducted solely based on documents submitted to the Arbitrator, through a telephonic or video-conference hearing, or an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will occur in your county (or parish) unless we agree to a different location.

Arbitration Costs. The AAA Rules will govern the payment of all filing, administration, and arbitrator fees. Value Painting and Flooring will pay all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000 unless the Arbitrator finds your Dispute frivolous. If Value Painting and Flooring prevails in an arbitration, it will pay all of its attorneys’ fees and costs and will not seek to recover them from you.

Changes to Arbitration Agreement. Notwithstanding the provisions of Section XVI “Changes to Terms” below, if Value Painting and Flooring changes any of the terms of this Section II “Arbitration Agreement” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Modified” date below. The written information must be mailed to Value Painting LLC, 6574 N. State Rd—7 Suite #249, Coconut Creek, FL 33073, or by email at info@valuepaintingandflooring.com. To be effective, your notice must include your full name and indicate your intent to reject changes to this Arbitration Agreement. By leaving any change, you agree that you will arbitrate any Dispute between you and Value Painting and Flooring by the terms of this Section II “Arbitration Agreement” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).