Brighter Days Solutions, LLC

Agreement to Arbitrate; Definitions

This Arbitration Agreement (“Arbitration Agreement”) applies to any dispute, claim, or controversy of any kind (“Claim”) between you and Brighter Days Solutions, LLC (the “Company,” “we,” “us,” or “our”) arising out of or relating in any way to: (a) your access to or use of our websites, landing pages, opt-in forms, client portals, booking systems, or communications; (b) any purchase, transaction, or attempted transaction; (c) the Critical Notice Action Kit and any other digital products; (d) the Document Preparation Service and any related intake, uploads, agreements, deliverables, or communications; (e) billing, payments, subscriptions (if any), chargebacks, refunds, credits, or collections; (f) advertisements, marketing, SMS/email messages, or opt-in sequences; (g) privacy, data collection, data security, or alleged data incidents; and (h) any alleged misrepresentation, statutory violation, contract dispute, tort claim, or equitable claim—whether based on past, present, or future conduct.

“Claim” includes disputes based on contract, tort, statute, regulation, ordinance, fraud, misrepresentation, negligence, unfair or deceptive practices, privacy, data security, and any other legal or equitable theory. “Claim” also includes disputes about the interpretation, scope, enforceability, or formation of this Arbitration Agreement, including the arbitrability of any Claim.

Mandatory Binding Arbitration

Except as expressly stated in the “Exclusions and Exceptions” section below, you and the Company agree that any Claim will be resolved exclusively by final and binding arbitration, not in court, and not before a judge or jury.

Arbitration means an independent neutral arbitrator, not a judge, will decide the dispute. Arbitration generally involves more limited discovery and narrower appellate review than court.

Delegation Clause (Arbitrator Decides Arbitrability)

To the fullest extent permitted by law, you and the Company agree that the arbitrator has exclusive authority to resolve any dispute regarding:

(a) whether a Claim is subject to arbitration;

(b) the interpretation, applicability, enforceability, or formation of this Arbitration Agreement; and

(c) any challenge that all or any part of this Arbitration Agreement is void or voidable.

If a court determines any portion of this delegation clause is unenforceable, then the remaining arbitration provisions shall still be enforced to the maximum extent permitted.

Informal Dispute Resolution Required Before Arbitration

Before initiating arbitration, you agree to first attempt to resolve the dispute informally.

Notice of Dispute: You must send a written Notice of Dispute to: [email protected], with “Notice of Dispute” in the subject line, and include:

your full legal name, email, phone, and mailing address;

the product/service purchased (if any), order confirmation details, and relevant dates;

a detailed description of the dispute and the specific legal claims asserted;

the specific relief you are requesting; and

copies of any documents you want the Company to consider.

30-Day Informal Resolution Period: The parties will make a good-faith effort to resolve the Claim for at least 30 days from receipt of the Notice of Dispute before either party may commence arbitration, unless a longer period is required by the arbitration administrator’s rules.

Failure to complete this informal resolution step may result in the arbitrator: (a) dismissing the arbitration without prejudice; (b) requiring the initiating party to pay additional fees; and/or (c) awarding fees where permitted by law.

Arbitration Administrator; Rules; Filing

Unless the Company elects otherwise, arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or other AAA rules the administrator determines apply), as modified by this Arbitration Agreement. If AAA is unavailable or unwilling to administer, the Company may select an alternative nationally recognized arbitration provider, including JAMS, or a court may appoint an administrator consistent with this section.

The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable state law, and shall honor applicable statutes of limitation and privilege rules.

Location; Venue; Hearing Format

Default Venue: Unless the Company agrees otherwise, arbitration shall take place in South Carolina, in the county and location determined by the arbitration administrator’s rules, or be conducted remotely.

Remote Proceedings: The Company may elect to conduct arbitration:

(a) by video conference;

(b) by telephone; and/or

(c) based solely on written submissions, particularly for Claims that are small-dollar, document-based, or where live testimony is not reasonably necessary.

Fees and Costs; Company Protections

Each party is responsible for its own attorneys’ fees and costs unless a statute or rule allows fee-shifting and the arbitrator awards fees. The arbitration administrator’s filing fees and arbitrator fees will be allocated according to the applicable rules and the arbitrator’s authority, except that the arbitrator may reallocate fees to prevent abuse or bad faith.

To deter frivolous or abusive filings, if the arbitrator determines a Claim was brought for an improper purpose, was frivolous, or lacked evidentiary support, the arbitrator may award the Company its reasonable attorneys’ fees and costs to the extent permitted by law.

Discovery and Evidence Limits

Arbitration will include limited discovery consistent with the streamlined nature of arbitration. The arbitrator shall:

limit discovery to what is reasonably necessary for a fair resolution;

restrict depositions and interrogatories absent good cause;

allow reasonable document exchange; and

enforce confidentiality and protective orders as needed.

Confidentiality

To the fullest extent permitted by law, the arbitration proceedings, filings, evidence, testimony, and award shall be confidential and may not be disclosed except:

(a) to the parties, their counsel, and necessary witnesses;

(b) as necessary to enforce or challenge an award in court;

(c) as required by law, regulation, or valid legal process; or

(d) with the other party’s written consent.

Class Action Waiver; Representative Action Waiver

You and the Company agree that all Claims must be brought in the parties’ individual capacities, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, private attorney general, or representative proceeding.

The arbitrator may not consolidate Claims or preside over any form of representative or class proceeding.

If a court or arbitrator determines that this class action waiver is unenforceable as to a particular Claim, then that Claim (and only that Claim) shall proceed in court, and the remaining Claims shall be arbitrated.

Mass Arbitration / Batch Arbitration Protections

If 10 or more similar Claims are initiated against the Company by the same law firm, group of law firms, or coordinated parties (“Mass Filing”), the parties agree to the following procedures to promote efficiency and reduce undue burden:

The parties will first complete the informal dispute resolution process for all Claims.

If arbitration proceeds, the arbitration provider shall administer the Claims in batches of up to 10, unless the Company elects a different batch size.

Only the first batch will proceed initially. The remaining Claims shall be stayed until the first batch is resolved or the parties agree otherwise.

The outcomes of the first batch may be used to guide good-faith global resolution discussions.

If the arbitration administrator’s rules conflict with this section, this section will control to the maximum extent permitted by law.

Exclusions and Exceptions

Notwithstanding the foregoing, the following exclusions apply:

A. Small Claims Court Option

Either party may bring an individual action in small claims court (or equivalent) if the Claim qualifies and remains in that court, on an individual basis only.

B. Injunctive or Equitable Relief to Protect the Company

The Company may seek temporary, preliminary, or permanent injunctive relief or other equitable relief in a court of competent jurisdiction to protect its legitimate business interests, including but not limited to:

intellectual property rights;

confidentiality obligations;

unauthorized access, scraping, or abuse of systems;

fraud or attempted fraud;

misuse, copying, resale, redistribution, or infringement of digital products;

violations of license restrictions;

data security threats; and

chargeback fraud or payment abuse.

This carveout is intended to allow the Company to prevent immediate or ongoing harm and does not waive the Company’s right to arbitrate other Claims.

C. Payment, Chargebacks, and Collections

The Company may pursue payment recovery, collections, chargeback disputes, and related relief through:

the payment processor’s dispute process;

administrative remedies; and/or

court actions limited to enforcing payment obligations, preventing fraud, or enforcing judgments—where permitted by law.

Time Limit to Bring Claims

To the fullest extent permitted by law, any Claim must be brought within one (1) year after the events giving rise to the Claim occurred or after you reasonably should have discovered the facts giving rise to the Claim, whichever is earlier. Otherwise, the Claim is permanently barred.

Severability; Survival

If any portion of this Arbitration Agreement is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

This Arbitration Agreement survives:

termination of any account or agreement;

completion of services;

cancellation;

chargebacks;

refunds or refusal of refunds; and

bankruptcy or insolvency to the extent permitted by law.

Governing Law

This Arbitration Agreement is governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State governing your underlying agreement with the Company.

Opt-Out (Optional; Company-Selected)

If the Company offers an opt-out right, it must be exercised strictly as specified by the Company, within the deadline stated at purchase or account creation, and only by the individual purchaser. If no opt-out process is provided, then no opt-out applies.