Arbitration Agreement & Class Action Waiver

PLEASE READ — THIS AFFECTS YOUR LEGAL RIGHTS. This Agreement requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out within 30 days, as described in Section 8.

1. Scope

This Agreement applies to any dispute, claim, or controversy between you and Homegoing360 arising out of or relating to the Platform, these or any incorporated terms, your account, transactions, communications, or the relationship between us, whether based in contract, tort, statute, or otherwise (“Dispute”), except as stated in Section 2.

2. Exceptions

This Agreement does not apply to: (a) claims that may be brought in small-claims court if they qualify and remain there; (b) claims to enforce or protect intellectual property rights, which may be brought in court; and (c) any claim that applicable law does not permit to be arbitrated. Either party may seek injunctive relief in court to prevent unauthorized use or infringement pending arbitration.

3. Informal resolution first

Before starting arbitration, you agree to send a written Notice of Dispute to care@homegoing360.com and to 1098 Ann Arbor Rd W, #479, Plymouth, MI 48170, describing the claim and the relief sought, and to attempt to resolve it informally for 60 days. Homegoing360 will send its notice to your account email. This is a condition precedent to arbitration.

4. Arbitration rules and forum

If not resolved, the Dispute will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Agreement. The Federal Arbitration Act governs its interpretation and enforcement. The arbitrator may award the same individual relief as a court. Arbitration will be held in the county of your residence, or at another mutually agreed or virtual venue.

5. Class action and jury waiver

5.1 Individual basis only. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

5.2 Jury waiver. YOU AND HOMEGOING360 WAIVE ANY RIGHT TO A JURY TRIAL.

5.3 Non-severability of the class waiver. If the class-action waiver in 5.1 is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court, but the rest of this Agreement remains in effect.

6. Costs and fees

Payment of filing, administration, and arbitrator fees is governed by the administrator’s rules, except that Homegoing360 will pay or reimburse fees to the extent required for this Agreement to be enforceable and as the administrator’s consumer rules provide. Each party otherwise bears its own attorneys’ fees unless a statute or the arbitrator provides otherwise.

7. Arbitrator authority

The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver. The arbitrator’s award is final and binding and may be entered in any court of competent jurisdiction.

8. Your right to opt out

You may opt out of this Arbitration Agreement by sending written notice to care@homegoing360.com within 30 days of first accepting it — or of first becoming subject to it — stating your name, account email, and intent to opt out.

We record the date you accepted, so if there is ever a question about whether your window was open, it can be answered from our records rather than from anyone’s memory. That record is described in the Terms of Service, Section 20.

Opting out does not affect the other terms and will not adversely affect your use of the Platform. If you opt out, disputes proceed in the courts identified in the Terms of Service, Section 18.

9. Survival and changes

This Agreement survives termination of your account. If we materially change it, we will provide notice and, where required, a renewed opt-out opportunity; changes do not apply to Disputes for which notice was already given.

10. Acknowledgment

☐ I have read and understand the Arbitration Agreement & Class Action Waiver, including that I am giving up the right to a jury trial and to participate in class actions, subject to my right to opt out within 30 days.

11. Contact

care@homegoing360.com EdConsult LLC d/b/a Homegoing360, 1098 Ann Arbor Rd W, #479, Plymouth, MI 48170