PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY, AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. For instance, if we choose to resolve a dispute through arbitration, you will waive your right to a jury trial and your ability to participate in any class action whether in court or arbitration.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED BELOW. If you do not opt out and a dispute is submitted to arbitration, you and Home Match Experts both waive the following rights: (1) the right to have a court or jury decide the dispute; (2) the right to conduct or obtain discovery to the same extent available in a court proceeding; (3) the right to pursue or participate in a class action, private attorney general action, or any other type of representative proceeding, whether in court or in arbitration; and (4) the right to combine or consolidate your dispute with others. Additionally, appeal rights in arbitration are more limited than those available in court, and certain legal remedies and procedures may not be available.

This Arbitration Agreement outlines the circumstances under which a legal dispute (“Claim,” as defined below) arising from or relating to the Terms of Use or Privacy Policy between you and Home Match Experts may be resolved through binding arbitration. Arbitration is a private dispute resolution process where the matter is decided by a neutral arbitrator instead of a judge or jury in a court of law. By agreeing to arbitration, both parties waive the right to a trial by jury for any covered Claim. Arbitration is often more streamlined and efficient than traditional litigation. For the purposes of this Arbitration Agreement, references to “we,” “us,” and “our” include Abaluna LLC, DBA Home Match Experts, its parent entities, subsidiaries (whether wholly or majority owned), affiliates, related companies, management firms, successors, assigns, and their respective employees, officers, and directors. These terms also extend to any third party that provides services or products under the Terms of Use or Privacy Policy, if such third party is named by you in a legal action involving Home Match Experts.

a. Your Right to Opt Out of Arbitration: You may decline this Arbitration Agreement by mailing a written opt-out notice to Abaluna LLC, DBA Home Match Experts, Attn: Arbitration Rejection, 160 West Camino Real, Suite 806, Boca Raton, Florida, 33432, within 30 days of your acceptance of the Terms of Use. Your notice must include your full name, mailing address, telephone number, the date on which you agreed to the Terms of Use, and your signature. This opt-out applies solely to this Arbitration Agreement and will not affect the validity of any other agreement between you and us, including any previous or future agreements. It also does not alter any requirement to arbitrate claims that may arise under prior or subsequent arbitration agreements that are not subject to a valid opt-out notice.

b. What Claims Are Covered: The term "Claim" refers to any dispute, controversy, or legal claim between you and Home Match Experts, whether existing now, in the past, or arising in the future, that in any way relates to or stems from the Terms of Use, this Privacy Policy, your use of our website, your account or any transactions conducted through it, any marketing or communications (including promotional content, advertisements, disclosures, warranties, or representations), any services or products provided by us or on our behalf, and any actions taken in connection with debt collection, contractual obligations, or compliance with applicable laws and regulations (including, but not limited to, the Telephone Consumer Protection Act). "Claim" is to be interpreted as broadly as legally permissible and includes initial claims, counterclaims, cross-claims, third-party claims, and all legal theories, whether based on contract, tort, fraud, statute, common law, constitutional provisions, or equity, and encompasses both monetary and non-monetary remedies, including injunctive or declaratory relief.

Exclusions from "Claim": However, the term "Claim" does not include the following: (i) any dispute or controversy concerning the validity, enforceability, scope, or coverage of this Arbitration Agreement or any of its provisions (including, without limitation, the Class Action Waiver described in section (e) and parts (A) and (B) of section (k) titled "Rules of Interpretation"), which shall be decided exclusively by a court and not by an arbitrator. Disputes about the enforceability of the Terms of Use or Privacy Policy as a whole, however, shall be decided by the arbitrator; (ii) any efforts to seek and obtain provisional or ancillary remedies from a court of competent jurisdiction, including but not limited to injunctions, temporary restraining orders, orders for the preservation of property, foreclosure, sequestration, eviction, attachment, replevin, garnishment, or the appointment of a receiver, even while arbitration is ongoing; (iii) the use of self-help or non-judicial remedies by either you or us; (iv) any court action brought solely to prevent the other party from exercising a self-help remedy, provided it does not involve a claim for monetary damages or other relief; or (v) any individual action you file in small claims court or an equivalent local court, unless that action is transferred, appealed, or removed to a higher court, in which case we reserve the right to elect arbitration.

c. Electing Arbitration and Starting the Process: Either you or Home Match Experts may choose to resolve a Claim through arbitration by providing the other party with written notice of the intent to arbitrate, or by filing a motion to compel arbitration of the Claim. This notice may be provided before a lawsuit is filed or in connection with additional Claims brought during the course of an existing lawsuit. It may also be submitted through documents filed in court, such as a motion to compel arbitration. Each arbitration administrator named in this Agreement has specific procedures for initiating an arbitration proceeding. Regardless of who elects arbitration or how the election is made, the party asserting the Claim, meaning the party seeking financial or other relief, is responsible for starting the arbitration process. For instance, if you file a Claim in court and we respond by successfully requesting arbitration, you will be responsible for initiating the arbitration. Similarly, if we file a Claim against you and you respond with a counterclaim, and we successfully move to compel arbitration of that counterclaim, it will be your responsibility to initiate the proceeding. Even if both parties originally chose to litigate a Claim in court, either you or we may later elect arbitration for any newly added Claim, or any Claim asserted in the same or a related case, including Claims initially presented as individual actions but later amended to become class, representative, or multi-party Claims. Taking part in court proceedings does not waive the right to enforce this Arbitration Agreement.

d. Choosing the Administrator: The party initiating the arbitration proceeding must select one of the following organizations to serve as the Administrator of the arbitration: the American Arbitration Association (AAA), located at 120 Broadway, Floor 21, New York, NY 10271, available at www.adr.org, or JAMS, located at 1920 Main Street, Suite 300, Irvine, CA 92614, available at www.jamsadr.org. You may contact either organization directly to ask questions about their arbitration procedures or to request copies of their rules and forms, which are also available on their websites. A single arbitrator will be appointed for the proceeding. If the selected Administrator is unable or unwilling to serve or continue serving, the other organization will take its place. If neither AAA nor JAMS is available or willing to administer the arbitration, both parties will work together in good faith to choose an alternative Administrator or arbitrator, or a court with proper jurisdiction will appoint one. No organization may serve as Administrator unless all parties consent, if that organization has a policy that contradicts or attempts to override the Class Action Waiver described in section e of this Arbitration Agreement. The appointed arbitrator must be an attorney with at least ten years of legal experience or a retired judge. All arbitration proceedings must follow the terms of this Arbitration Agreement and, unless inconsistent with it, the rules of the chosen Administrator.

e. Class Action Waiver: Regardless of any other provisions in the Terms of Use or Privacy Policy, if either you or Home Match Experts chooses to arbitrate a Claim, both parties agree that neither will have the right to do the following: (a) participate in any class action, private attorney general action, or any other form of representative proceeding, whether in court or in arbitration, as either a class representative or class member; or (b) join or consolidate any Claim with the claims of others. The arbitrator will not have the authority to conduct arbitration on a class-wide or representative basis, nor may the arbitrator issue relief that would apply to anyone other than the individual parties involved in the arbitration. However, this Class Action Waiver does not apply to lawsuits or administrative proceedings initiated against us by a state or federal government agency, even if the agency is acting to obtain relief for a class of individuals that includes you. In such cases, Home Match Experts does not have the right to compel arbitration of any claim brought by that government agency.


f. Location of Arbitration: Any arbitration hearing that you are required to attend will be held at a location that is reasonably convenient to where you live.

g. Cost of Arbitration: The arbitration Administrator and the arbitrator may charge fees for administering and conducting the arbitration, including fees that would not typically apply in a court proceeding. Upon your written request, Home Match Experts will cover all filing, hearing, and related arbitration fees charged to you for Claims brought in individual arbitration, provided you have first paid an amount equal to the filing fee required for a similar case in state or federal court, whichever is less, in the district where you live. If you already paid such a fee when filing your Claim in court, you will not be required to pay it again. Additionally, the Administrator may have a process in place to request a waiver of the fees it charges. We will always pay any fees or costs that are legally required, mandated by the Administrator’s rules, or necessary to ensure that this Arbitration Agreement can be enforced.

h. Governing Law: Because the Terms of Use and Privacy Policy involve a transaction in interstate commerce, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the "FAA"), and not by any individual state’s arbitration laws. The arbitrator will not be bound by state or local rules of civil procedure or evidence that would apply in a courtroom. However, the arbitrator must apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator has the authority to consider and decide dispositive motions, including motions for judgment on the pleadings, motions to dismiss for failure to state a claim, and motions for summary judgment. In determining liability or awarding relief, the arbitrator will apply the substantive law that would govern the case in court, consistent with the FAA. The arbitrator may award any form of relief available under the law in an individual court proceeding, including punitive damages subject to constitutional standards and equitable, injunctive, or declaratory relief, but only as necessary to resolve the specific Claim between the parties. The arbitrator may also award reasonable attorney fees, witness fees, and expert fees if allowed under this Agreement, the rules of the Administrator, or applicable law. If you bring a Claim in individual arbitration and prevail, and the law requires or the enforcement of this Agreement depends on it, Home Match Experts will cover your reasonable attorney, witness, and expert fees. We will not seek reimbursement for any of our arbitration-related fees or legal expenses unless the arbitrator determines that your Claim was brought in bad faith under the standards of Rule 11(b) of the Federal Rules of Civil Procedure, and only if such authority does not render this Arbitration Agreement unenforceable. If either party requests it in a timely manner, the arbitrator must also provide a brief written explanation supporting the award.


i. Right to Discovery: In addition to the discovery rights provided under the applicable rules of the arbitration Administrator, either party may submit a written request to the arbitrator asking to expand the scope of discovery beyond what is typically allowed. The arbitrator has full discretion to grant or deny such requests based on what they determine to be reasonable and necessary for resolving the Claim.


j. Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. (If an appeal is not filed within that time period, the arbitration award shall become final and binding). The panel shall reconsider de novo (anew) any aspect of the initial award requested by the appealing party. This means that they shall reach their own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.


k. Rules of Interpretation: This Arbitration Agreement will remain in effect and continue to apply even if the Terms of Use or Privacy Policy are terminated, suspended, or canceled, or if any legal action or bankruptcy occurs, to the extent allowed by applicable bankruptcy laws. If there is any conflict between this Arbitration Agreement and the rules of the chosen arbitration Administrator or other provisions in the Terms of Use or Privacy Policy, this Arbitration Agreement will take precedence. If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remainder will still apply, except in the following cases:

(A) Both parties agree that the Class Action Waiver is a vital and non-severable element of this Arbitration Agreement. If it is deemed unenforceable or limited in any way, then this entire Arbitration Agreement, with the exception of this sentence, will be null and void with respect to that particular proceeding. This means that under no circumstances will a class action be arbitrated.

(B) If a Claim seeks public injunctive relief and a court determines that the Class Action Waiver or any part of this Arbitration Agreement preventing relief on behalf of third parties is unenforceable for that type of Claim, and that decision becomes final after all appeals, then the portion of the Claim seeking public injunctive relief will be resolved in court, while any individual claims for monetary relief will proceed through arbitration. In that situation, both parties will request that the court put the public injunctive relief portion on hold until arbitration is complete.

l. Notice of Claim, Opportunity to Resolve, and Special Payment: Before initiating, joining, or participating in any legal or arbitration proceeding involving a Claim, the party bringing the Claim must first provide written notice to the other party, giving them at least 30 days to resolve the matter. This notice, referred to as a "Claim Notice," must include your name, mailing address, telephone number, and, if applicable, any account or reference number. It should also clearly state the nature of the Claim and the specific relief being requested. You may submit a Claim Notice only on your own behalf and not on behalf of any other individual or entity. The receiving party must be given a reasonable opportunity to request additional information necessary to understand and address the Claim. If you submit a Claim Notice and Home Match Experts does not provide the requested relief before an arbitrator is appointed, and the arbitrator later rules in your favor and determines you were entitled to such relief or more, you will be awarded no less than $7,500, excluding any additional arbitration fees or attorney’s fees and costs you may also be entitled to under applicable law. This $7,500 minimum applies to all Claims you bring or could have brought in a single arbitration. It is a one-time award and does not multiply if multiple Claims are involved.