(last updated April 9, 2025)

Please Read the Following Carefully.  It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

A. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND 960 N LA BREA LLC D/B/A HEIMAT EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE IN COURT IN FAVOR OF INDIVIDUAL BINDING ARBITRATION.  (“HEIMAT” AS USED IN THESE DISPUTE RESOLUTION TERMS, INCLUDES ITS PARENTS AND SUBSIDIARIES AND ITS AND THEIR OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS).  TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND HEIMAT ALSO EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND YOU AND HEIMAT EXPRESSLY WAIVE YOUR AND ITS RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. IN ADDITION, TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU ALSO AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S RELATIONSHIP WITH HEIMAT.

B. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

All claims, disputes, and controversies between you and HEIMAT shall be finally settled by BINDING INDIVIDUAL ARBITRATION before a single arbitrator administered by the American Arbitration Association (“AAA”) under the then-current Consumer Arbitration Rules in either (i) Los Angeles County, California, (ii) the county in which you reside, or (iii) by telephonic/virtual means, rather than litigate the dispute in court.  Notwithstanding the foregoing, you or HEIMAT may elect to have an individual claim heard in small claims court for claims within the scope of that court’s jurisdiction.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  You and HEIMAT understand that without this agreement to arbitration, you and HEIMAT would have the right to sue in court and otherwise might have the right a jury trial, depending on the claim filed.

C. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and Conditions, including these Dispute Resolution Terms, including, but not limited to, any claim that all or any part of the Terms and Conditions or these Dispute Resolution Terms is void or voidable.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and HEIMAT and may be entered as a judgment in any court of competent jurisdiction. The dispute resolution process set forth in these Dispute Resolution Terms shall be subject to the Federal Arbitration Act.

The current AAA rules governing consumer arbitration may be accessed at https://www.adr.org/Consumer.  You may also access copies of rules and other information on AAA’s website at www.adr.org.

D. RELIEF AVAILABLE

The arbitrator shall be empowered to grant any form of relief that would be available in a court under law or in equity.  Although under some laws, HEIMAT may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration, you will not be required to pay HEIMAT’s fees and costs if you do not prevail in arbitration. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Dispute Resolution Terms including, but not limited to any claim that all or any part of these Dispute Resolution Terms is void or voidable.

E. FEE AND COSTS

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement.  If you initiate the arbitration, the AAA requires you to pay a $200 filing fee.  If HEIMAT initiates the arbitration, you do not owe a filing fee.  HEIMAT will be responsible for paying all other reasonable arbitration costs in connection with the arbitration, including expenses of the arbitrator.  HEIMAT will not be responsible for paying costs incurred by you for legal counsel, your and your counsel’s travel, or other out-of-pocket expenses that are not otherwise required to be borne by HEIMAT as fees or amounts payable to AAA, unless you prevail on a claim in arbitration that would provide you with the right to recover those costs and fees from HEIMAT.

You may find more information about fees and costs associated with arbitration at in the Consumer Arbitration Rules at https://www.adr.org/Consumer under the “Costs of Arbitration” section.

F. MASS ARBITRATION PROTOCOLS

If at any time, twenty-five (25) or more similar demands for arbitration are filed against or on behalf of the same party or related parties and representation of the parties is consistent or coordinated across the cases (“Consumer Mass Arbitration”), consistent with the definitions and criteria set forth in the amended AAA-ICDR Mass Arbitration Supplementary Rules and Fee Schedules (“AAA Mass Arbitration Rules”, available at: https://www.adr.org/mass-arbitration), the additional protocols set forth in this subsection shall apply.  If you or your counsel file a demand for arbitration that fits within the definition of Consumer Mass Arbitration referred to above, then you agree that your demand for arbitration shall be subject to the additional protocols set forth in this Mass Arbitration Protocols subsection.  The AAA Mass Arbitration Rules shall apply if your dispute is deemed by AAA, in its sole discretion pursuant to the AAA Mass Arbitration Rules, to be part of a Consumer Mass Arbitration.  For more information regarding Consumer Mass Arbitration rules, forms, and fees, visit https://adr.org/consumer/mass-arbitration.

G. FUTURE CHANGES AND RETROACTIVE APPLICATION

These Dispute Resolution Terms apply to all disputes between you and HEIMAT, including for claims that accrued against you or HEIMAT prior to the time of your consent to these Dispute Resolution Terms and to any claims that accrue against you or HEIMAT after your consent to these Dispute Resolution Terms.  Notwithstanding anything in these Dispute Resolution Terms to the contrary, you may opt out of the agreement to arbitrate by sending HEIMAT written notice stating that you do not want to be bound by the arbitration provisions of these Dispute Resolution Terms.  To be effective, such notice must be sent by certified mail, with proof of delivery, within thirty (30) days of your acceptance of these Dispute Resolution Terms.  Notice must be sent to HEIMAT, Attn: Legal Department, 5420 Lyndon B. Johnson Fwy, Suite 300, Dallas, Texas 75240. If you do not opt out in accordance with the specific requirements set forth in paragraph, you will be bound to arbitrate disputes in accordance with these Dispute Resolution Terms.  You must include sufficient information to identify you, such as the email address or phone number.  If you opt out, HEIMAT will also not be bound to arbitrate any disputes against you.

Opting out of the arbitration agreement provisions shall not affect your or HEIMAT’s agreement to conduct disputes only in an individual capacity and not as a class, collective, or representative action.  In other words, by your initial agreement to these Dispute Resolution Terms, you are agreeing to waive your right to bring, or participate in as a party, any class, collective or representative action against HEIMAT and the right to opt-out set forth herein is only limited to the right to opt out of an agreement that disputes shall be decided in arbitration (and not in a court).

Please note that even if you opt out of the application of the arbitration terms in these Dispute Resolution Terms, you will still be subject and bound by any arbitration agreement and terms you previously agreed to.

H. SEVERABILITY

If any provision of these Dispute Resolution Terms is found to be unenforceable, in whole or in part, such finding shall not affect the validity of the remainder of these Dispute Resolution Terms and the Dispute Resolution Terms shall be reformed to the greatest extent possible to ensure that the resolution of all disputes between the parties are resolved by neutral, binding arbitration. Any finding that these Dispute Resolution Terms are unenforceable, in whole or in part, shall have no effect on the enforceability of any other agreement between HEIMAT and you.

I. SURVIVAL

These Dispute Resolution Terms will survive the termination of your relationship, these terms, and any agreement or application you have with HEIMAT. |