Arbitration Agreement

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU AND LIFEHANDLED LLC TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. It is incorporated into and forms part of the Terms of Service.

1. Agreement to Arbitrate

You and LifeHandled LLC agree that any past, present, or future dispute, claim, or controversy of any kind arising out of or relating to Clutch Puppy Picks, the Service, these Terms, the Privacy Policy, your account, any content, any transaction, any communication, or the relationship between us (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, and not in court.

2. Federal Arbitration Act

This Arbitration Agreement evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. ("FAA"), to the maximum extent permitted by law. State arbitration laws shall not apply to the interpretation or enforcement of this Arbitration Agreement.

3. Class Action, Collective Action, and Representative Action Waiver

You and LifeHandled LLC agree to bring any Dispute only in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, consolidated action, mass action, private attorney general action, or representative proceeding. The arbitrator may not consolidate more than one person's claims, may not preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court or arbitrator decides that this waiver is unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed from arbitration and brought exclusively in the courts located in Salt Lake County, Utah; all other claims shall remain in arbitration.

4. Jury Trial Waiver

YOU AND LIFEHANDLED LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY in any action permitted under these Terms.

5. Individual Claims Only

All Disputes must be brought in the parties' individual capacities, and not on behalf of any other person, group, class, or category.

6. Arbitration Administrator and Rules - AAA

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Arbitration Agreement. The AAA rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the parties shall jointly select another nationally recognized arbitration administrator that will do so; failing agreement, a court of competent jurisdiction in Salt Lake County, Utah shall appoint one.

7. Coordinated and Mass Arbitration Protection

If 25 or more similar arbitration demands are filed against LifeHandled LLC by or with the coordination of the same or coordinated counsel or entities (a "Mass Filing"), the parties agree the demands shall be administered in batched proceedings: an initial batch of up to 50 cases shall proceed first (selected 25 by each side), with all other cases stayed pending the conclusion of the initial batch and any global mediation. Limitation periods for stayed cases shall be tolled during the stay. The arbitration administrator and the parties shall use reasonable efforts to select arbitrators that may handle multiple cases efficiently. This provision is intended to prevent coordinated mass-arbitration abuse while preserving each claimant's right to an individual decision on the merits.

8. Arbitrator Authority

The arbitrator has exclusive authority to resolve all Disputes, including (without limitation) the scope, applicability, enforceability, conscionability, and formation of this Arbitration Agreement, except that a court - and not the arbitrator - shall decide any challenge to the enforceability of the class action waiver in Section 3. The arbitrator may award any individual relief or individual remedies that would be available in court under applicable law, subject to the limitations in these Terms. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

9. Confidentiality

The existence, content, and outcome of any arbitration shall be kept strictly confidential by the parties, their counsel, the witnesses, and the arbitrator, except as necessary to prepare for or conduct the arbitration, to enforce or challenge an award in court, or as required by law. This Section 9 does not prohibit a party from disclosing information to regulators with jurisdiction over that party.

10. Fees

Each party shall bear its own attorneys' fees and costs except as otherwise required by applicable law or the AAA Consumer Arbitration Rules. AAA filing fees and arbitrator fees shall be allocated as provided in the AAA Consumer Arbitration Rules. If you demonstrate that the costs of arbitration would be prohibitive compared to litigation, LifeHandled LLCwill pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, except for fees incurred due to claims the arbitrator determines were frivolous or filed for an improper purpose.

11. Informal Dispute Resolution (Required 30-Day Pre-Arbitration Notice)

Before initiating any arbitration, you and LifeHandled LLC agree to attempt to resolve the Dispute informally for at least thirty (30) days. To begin, you must send written notice to legal@clutchpuppypicks.com describing the Dispute in reasonable detail, the relief you seek, and your contact information. LifeHandled LLC will send any notice to the email address on your account. The parties shall negotiate in good faith during the 30-day period. The applicable limitations period shall be tolled during the informal resolution period. Compliance with this Section 11 is a condition precedent to commencing arbitration; failure to comply is grounds for dismissal of the demand.

12. 30-Day Arbitration Opt-Out

You may opt out of this Arbitration Agreement within thirty (30) days of first accepting these Terms or creating your account by submitting the form below. Include (a) your full legal name; (b) the email address associated with your account; (c) the date you created your account; and (d) a clear statement that you wish to opt out of the Arbitration Agreement. Opting out will not affect any other provision of these Terms. If you opt out, neither party shall be bound by the Arbitration Agreement.

Submit arbitration opt-out request

13. Small-Claims Court Carveout

Notwithstanding the foregoing, either party may bring an individual action in a small-claims court of competent jurisdiction in Salt Lake County, Utah if the claim qualifies and remains in that court (and is not removed or transferred to another court). The class-action and representative-action waivers in Section 3 still apply.

14. Intellectual Property Injunction Carveout

Either party may bring an action in court to seek injunctive or other equitable relief for actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights or related confidentiality obligations. Such an action shall be filed exclusively in the state or federal courts located in Salt Lake County, Utah.

15. Governing Law for this Agreement

The FAA governs the interpretation and enforcement of this Arbitration Agreement. To the extent state law applies, the laws of the State of Utah apply, without regard to its conflict-of-laws principles.

16. Severability

If any portion of this Arbitration Agreement is found to be unenforceable, the remainder shall continue in full force and effect, except that (a) if Section 3's class action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy shall be severed and brought in court as described in Section 3, and (b) if Section 3's waiver is found wholly unenforceable, then this entire Arbitration Agreement shall be null and void as to such claim only.

17. Enforcement

Either party may bring an action in the state or federal courts located in Salt Lake County, Utahto compel arbitration, to stay litigation pending arbitration, or to confirm, modify, vacate, or enter judgment on any award entered by the arbitrator. You and LifeHandled LLCconsent to the personal jurisdiction of those courts for these purposes.

18. Survival

This Arbitration Agreement shall survive termination of your account, deletion of your data, and termination of these Terms.