Please read this agreement carefully—it affects your rights.
By your access to or use of the remodelmate website, smartphone application and/or any service offered through them, You (defined below) and remodelmate (defined below) agree to the terms and conditions of this Arbitration Agreement (“Arbitration Agreement”).
- remodelmate and You agree that your access to or use of the remodelmate website, smartphone application and/or any service offered through them have an effect on interstate commerce. Therefore, remodelmate and You agree that this Arbitration Agreement shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.
- remodelmate and You agree that any and all Claims (defined below) shall be submitted to final and binding Arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction. You and remodelmate agree that Claims submitted to Arbitration shall be decided in a single arbitration before a single Arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The Arbitrator must also be a retired state court or federal court judge of the state in which You reside. The arbitrator shall have the authority to award the same damages and all other relief that a court can award.
- REMODELMATE AND YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. REMODELMATE AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, REMODELMATE AND YOU AGREE THAT NEITHER YOU NOR REMODELMATE MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NONREPRESENTATIVE BASIS.
- You acknowledge and agree that You voluntarily and knowingly entered into this Arbitration Agreement, and chose to use the remodelmate website, smartphone application and/or the services offered through them rather than companies that offer similar services and who may not have an arbitration agreement.
- In the event this Agreement conflicts with the remodelmate terms of service, or any other agreement, this Agreement shall control. Definitions:
- “remodelmate” means remodelmate and its employees, agents, and other representatives, and its subsidiaries, insurers, parent, and affiliates, and each of their respective employees, agents, and other representatives.
- “You” means you and all other users of your remodelmate account.
- “Claims” means any and all disputes, claims and/or causes of action arising out of or relating in any way to, Your dealings with remodelmate including, but not limited to, Your access to or use of the remodelmate website, smartphone application and/or any service offered through them (and/or any affiliated website), advertising on the remodelmate website and/or smartphone application, and/or Your purchase of any renovation in connection with the use of Your remodelmate account. Rules applicable to all Claims
- Notice and Demand Procedure. If You intend to file a demand for arbitration pursuant to this Arbitration Agreement, in order to give remodelmate an opportunity to informally resolve your claim, You should first send to remodelmate, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to remdoelmate Arbitration, Attn: Legal Department, 2055 L Street NW, Fourth Floor, Washington, District of Columbia 20036. Any statute of limitations will be tolled (extended) for the time period from the date of mailing of your Notice of Dispute and the date that remodelmate responds to your Notice of Dispute. If remodelmate and You do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon remodelmate’s denial of Your Claims, You or remodelmate may commence an Arbitration proceeding by filing a Demand for Arbitration (“Demand”). During the Arbitration, the amount of any settlement offer made by remodelmate or You shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which remodelmate or You is entitled.
- Arbitration Rules. The AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer) shall apply to the arbitration of Claims except as expressly provided in this paragraph. Those rules apply in the arbitration of all Claims with the following exceptions:
- Small Claims Court Option. For Claims that do not exceed the jurisdictional limit of small claims court, remodelmate or You may bring Claims in small claims court instead of arbitration. The rules of the small claims court shall apply.
- Claims seeking $75,000 or less. After remodelmate receives the required Demand for Arbitration filed with the AAA, remodelmate will reimburse You for your payment of the filing fee. The Arbitration will take place in the county where You reside at the time of filing of a Demand for Arbitration. Remodelmate waives any right to recover attorneys’ fees or costs from You except as expressly provided in this Agreement. If the Notice procedure above was followed and: a) remodelmate did not make a written offer to settle the dispute before an arbitrator was selected, and the Arbitrator awards You any relief on the merits; or b) after finding in Your favor in any respect on the merits of Your claim, the Arbitrator issues You an award that is greater than the value of remodelmate’s last written settlement offer made before an arbitrator was selected, then remodelmate will: i) pay You the amount of the Arbitrator’s award or $7,500, whichever is greater (“Alternative Payment”); and ii) pay Your attorney, if any, the amount of reasonable attorneys’ fees incurred by You, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrued for investigating, preparing, and pursuing Your Claim in Arbitration (“Attorney Premium”).
- Claims seeking $15,000 or less. In addition to sub-paragraph “b” above, You may choose whether the Arbitration proceeds in person, by telephone, or based only on written submissions.
- Claims seeking in excess of $500,000. The AAA Rules for Large, Complex Commercial Disputes shall apply (www.adr.org/commercial). Payment of all fees will be governed by AAA Rules. The Arbitration will take place in the county where You reside at the time of filing of a Demand for Arbitration, unless otherwise agreed in writing by remodelmate and You. The Federal Rules of Evidence shall apply unless otherwise agreed to in writing by remodelmate and You.
- Arbitrator’s Authority. The Arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based (reasoned decision). The Arbitrator has the authority to make rulings and resolve all disputes concerning Claims, and the rights of the Parties (if any) to the payment and reimbursement of arbitration and attorneys’ fees, costs, expenses, and the Alternative Payment and the Attorney Premium described above. The Arbitrator has the authority to award any form of individual relief that a court would have the authority to award, including equitable relief, and other relief available under applicable law. The Arbitrator is bound by the terms of this Agreement. All issues are for the Arbitrator to decide, except issues relating to the scope and enforceability of the Arbitration Agreement which shall be for a court of competent jurisdiction to decide.
- Statute of Limitations. The Arbitrator shall apply a statute of limitations to all Claims as though such Claims were brought in a court of competent jurisdiction, subject to the tolling provision above.
- Arbitration Fees. Except as otherwise provided in this Agreement, remodelmate will pay all AAA filing, administration, and arbitrator fees for any Arbitration initiated in accordance with the Notice Procedure above. Current filing fees are available at www.adr.org. If, however, the Arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse remodelmate for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.
- Attorneys’ Fees and Costs. The right to attorneys’ fees and expenses provided under this Agreement is in addition to any right to attorneys’ fees You may have under applicable law. However, You may not recover duplicative awards of attorneys’ fees or costs. Although under some laws remodelmate may have a right to an award of attorneys’ fees and expenses if it prevails in Arbitration, remodelmate agrees that it will not seek such an award.