Consumer Privacy Policy

Use of Personal Information under CCPA/CPRA

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, most commonly this would be to fulfill your interest in, or purchase of, Quality Home Services  products and services.

• To provide you with information on Quality Home Services products or services that you request from us.

• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

• To improve our website and present its contents to you.

• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information under CCPA/CPRA

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have shared the following categories of personal information (using the listed A through O categories from above) for a business purpose (also listed above):

Category A:           Identifiers.

Category B:           California Customer Records personal information categories.

Category C:           Protected classification characteristics under California or federal law.

Category D:           Commercial information.

Category F:            Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.

• Service providers, such as individuals and companies that may manufacture, distribute, finance and install our products and services to consumers, and may also host our internet websites and provide us information on consumers interested in our products and services.

• Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information. “Sold” means the disclosure of personal information to a third party for monetary or other valuable consideration. We do not consider personal information as “sold” if, as discussed above, it was disclosed for a business purpose to those individuals and companies that were necessary to fulfill your transaction with us, such as to sell or install our products and services to you.

We do not have any actual knowledge that we sell or share personal information of consumers under 16 years of age.

We do not use or disclose sensitive personal information other than that allowed under the CCPA/CPRA.

Your Rights and Choices under CCPA/CPRA

The CCPA/CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA/CPRA rights and explains how to exercise those rights.

Right to Understand and Receive Your Specific Information

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• Sales of personal information, identifying the personal information categories that each category of recipient purchased; and

• Disclosures of personal information for a business purpose, identifying the personal information categories that each category of recipient obtained.

As of January 1, 2023, you have the right to request that if we sell or share your personal information or disclose it for a business purpose, we disclose to you the following information upon receipt of a verifiable request from you:

• The categories of personal information that we collected about you.

• The categories of personal information that we sold, shared or disclosed about you (and if we didn’t sell or share or disclose your information) and the categories of third parties to whom we sold or shared it, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared.

• The categories of personal information that we disclosed about you (and if we didn’t disclose your personal information) for a business purpose and the categories of persons to whom the information was disclosed for a business purpose.

Right to Have Us Correct Inaccurate Personal Information

As of January 1, 2023, you have the right to correct inaccurate personal information. If we receive a verifiable consumer request from you to correct inaccurate personal information, we will use commercially reasonable efforts to correct the same, as directed by you.

Right to Opt-Out of Sales or Sharing of Your Specific Information

You have the right to request to opt out of our sale or sharing of your personal information with third parties for their direct marketing purposes. This means that, if you opt out, going forward, we will not sell or share your information with such third parties to use for their purposes unless you later consent to us do so.

As of January 1, 2023, you also have the right to opt out of our sharing of your personal information with third parties as well. If you so opt out, we will not share your information with such third parties to use for their purposes unless you later give us consent to do so.

To exercise this right, see the section titled “Exercising Your Rights” below.

Right to Delete Your Specific Information

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

5. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent.

6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

7. Comply with a legal obligation.

8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

As of January 1, 2023, if we received a verifiable consumer request from you to delete your personal information, we will delete your personal information from our records and notify any service providers or contractors to delete your information from their records as well. We will also notify all third parties to whom we have sold or shared your personal information to delete your personal information unless this proves impossible or involves a disproportionate effort. To this end, we may keep a confidential record of deletion requests solely for the purpose of preventing personal information that you request to be deleted from being sold, for compliance with laws, or other purposes solely to the extent permissible under the CCPA/CPRA. We may not be required to comply with your request to delete your personal information if it is reasonably necessary for us, our service providers, or contractors to maintain your personal information in order to:

1.      Complete the transaction for which your personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise to perform a contract between us.

2.      Help to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for those purposes.

3.      Debug and identify and repair errors that impair existing intended functionality.

4.      Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided by law.

5.      Comply with the California Electronic Communications Privacy Act

6.      Engage in public or peer-reviewed scientific, historical, or statical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of personal information is likely to render impossible or seriously impair the ability to complete such research, if you have provided informed consent.

7.      To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided your personal information.

8.      Comply with a legal obligation.

Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to limit our use of your “sensitive personal information” to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services. In addition, if we have notified you that we disclose sensitive personal information for purposes other than those that are necessary to perform the services or provide the goods reasonably expected by an average consumer who requests the same, you have a right to limit the use or disclosure of that sensitive personal information. If you request such limitations on the use of your sensitive personal data, we will not use or share your information with third parties to use for their purposes unless you later give us consent to do so.

Sensitive Personal Information means personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number, a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, a consumer’s precise geolocation, a consumers racial or ethnic origin, religious or philosophical beliefs, or union membership, the contents of a consumer’s mail, email, and text messages unless the business in the intended recipient of the communication, a consumers genetic data. Sensitive Personal Information also means the processing of biometric information for the purpose of uniquely identifying a consumer’s personal information collected and analyzed concerning a consumer’s health, personal information collected and analyzed concerning a consumer’s sex life or sexual orientation. 

Exercising Your Rights

To exercise your rights described above, please submit a verifiable consumer request (which we explain below) to us by either:

• Calling us at 1-855-741-7004

• Completing the online Personal Information Request Form

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Quality Home Services has dedicated privacy personnel that will review your request and compare the information provided against our databases, website platforms and list reports/spreadsheets used internally for consumer contact.  If information exists for a current verified purchase account, personal information (such as name, phone number, credit information) will be redacted. Data will remain to identify the product(s) purchased, purchase amount(s) and location of product(s). This information is necessary to maintain operational performance of equipment should the owner of the equipment need maintenance on the product. If no information can be found, you will be contacted to provide further information verification in an effort to complete the request. At the end of the review, you will be notified via email, USPS mail or phone that your request was completed and the outcome of the review.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For example, we will not provide social security numbers, driver’s license numbers or government-issued identification numbers, financial account numbers, passwords or security questions and answers, or any specific pieces of information if the disclosure presents the possibility of unauthorized access that could result in identity theft or fraud or unreasonable risk to data or systems and network security.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimnation

We will not discriminate against you for exercising any of your CCPA/CPRA rights. Unless permitted by the CCPA/CPRA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you with a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We know that our business will continue to evolve, and, as such, from time to time this Privacy Policy may be reviewed and revised. Quality Home Services reserves the right to change this Privacy Policy by posting the changes on its website. You can determine when this Privacy Policy was last updated by reviewing the Last Updated legend stated at the top of this Privacy Policy and any revisions will take effect upon posting. We will notify our customers of material changes to this Privacy Policy by either sending a notice to the email address you provided to us or by placing a notice on our website. We encourage you to check this Privacy Policy from time to time to review the most current version. 

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

QUALITY HOME SERVICES
Attn: Privacy Officer

4936 E. Ashlan Ave, Ste. A

Fresno, CA 93726

1-855-741-7004

Email: privacy@qualityhomeservices.com

You also have the right to lodge a complaint to the supervisory authority about the way we process your personal data. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

If you contact us by phone, the conversations may be recorded or transcribed. You will be notified of these recordings at the beginning of the call. We use these recordings to improve the quality or compliance of our customer service, verify the accuracy of the information you provide, ensure the prevention of fraud and train our teams. We keep these recordings for as long as necessary and then erase them. Your personal data collected during a call is processed in accordance with the provisions of this Privacy Policy.

Dispute Resolution Policy – Part 3

NOTICE: BY VISITING AND/OR USING THIS WEBSITE AND SUBMITTING ANY INFORMATION THROUGH OR VIA THIS WEBSITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS.

Going forward, in this Part 3 “We” refers to (i) you, as the visitor to this website, and (ii) Company, together.  “I”  refers to you, as the visitor to this website.

ARBITRATION OF DISPUTES

WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES (HEREAFTER REFERRED TO AS A “CLAIM”) ARISING UNDER OR RELATING TO MY USE OF (I) THIS WEBSITE AND (II) MY ENTERING OF INFORMATION OR DATA INTO THE FORMS CONTAINED ON THIS WEBSITE, OR THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION OF DISPUTES PROVISION (“PROVISION”), SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION.

I AGREE THAT I WILL ASSERT A CLAIM ONLY ON BEHALF OF MY OWN SELF AND THAT I WILL NOT ASSERT A CLAIM ON BEHALF OF, OR AS A MEMBER OF, A CLASS OR GROUP IN EITHER AN ARBITRATION PROCEEDING, A PRIVATE ATTORNEY GENERAL ACTION OR IN ANY OTHER FORUM OR ACTION. NOTWITHSTANDING ANY OTHER LANGUAGE IN THIS PROVISION, ONLY A COURT, NOT AN ARBITRATOR, WILL DECIDE CLAIMS ABOUT THE VALIDITY, ENFORCEABILITY, COVERAGE OR SCOPE OF THIS PROVISION OR ANY PART OF THIS PROVISION. HOWEVER, ANY CLAIM THAT CONCERNS THE VALIDITY OR ENFORCEABILITY OF OUR AGREEMENT AS A WHOLE IS FOR THE ARBITRATOR, NOT A COURT, TO DECIDE. IF A COURT DETERMINES THAT THIS PROVISION IS NOT FULLY ENFORCEABLE, THE COURT’S DETERMINATION SHALL BE SUBJECT TO APPEAL. THIS PROVISION DOES NOT APPLY TO ANY LAWSUIT OR ADMINISTRATIVE PROCEEDING FILED AGAINST COMPANY BY A STATE OR FEDERAL GOVERNMENT AGENCY EVEN WHEN SUCH AGENCY IS SEEKING RELIEF ON BEHALF OF A CLASS OF CONSUMERS. THIS MEANS THAT COMPANY WILL NOT HAVE THE RIGHT TO COMPEL ARBITRATION OF ANY CLAIM BROUGHT BY SUCH AN AGENCY. 

ANY CLAIM MAY, AT THE OPTION OF EITHER COMPANY OR MYSELF, BE ADJUDICATED BY FINAL AND BINDING ARBITRATION BY ONE ARBITRATOR IN ACCORDANCE WITH THE CODE OF PROCEDURE OF THE FORUM (“FORUM”) IN EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS MADE. NOTICE OF THE DEMAND FOR ARBITRATION SHALL BE FILED WITH FORUM BY THE PARTY ASSERTING THE CLAIM, AND THE DEMAND SHALL BE COPIED TO THE OTHER PARTY TO OUR AGREEMENT. FURTHER INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY OFFICE OF FORUM, WWW.ADRFORUM.COM, OR BY MAIL AT 6465 WAYZATA BLVD., SUITE 480 MINNEAPOLIS, MN 55426 ATTN: CASE COORDINATOR.  IF FORUM IS UNABLE OR UNWILLING TO ARBITRATE THE CLAIM, THE PARTIES SHALL UTILIZE JAMS, WWW.JAMSADR.COM, (800) 352-5267. IF JAMS IS UNABLE OR UNWILLING TO ARBITRATE THE CLAIM, THEN THE COURT MAY APPOINT AN ARBITRATOR. 

THE DEMAND FOR ARBITRATION SHALL BE MADE BY THE PARTY ASSERTING OR COMPELLING THE ARBITRATION WITHIN A REASONABLE TIME AFTER THE CLAIM IN QUESTION HAS ARISEN, AND IN NO EVENT SHALL THE DEMAND BE MADE AFTER THE DATE WHEN INSTITUTION OF LEGAL OR EQUITABLE PROCEEDINGS BASED ON SUCH CLAIM WOULD BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS. IF A PARTY FILES A LAWSUIT IN COURT ASSERTING CLAIM(S) THAT ARE SUBJECT TO ARBITRATION AND THE OTHER PARTY FILES A MOTION WITH THE COURT TO COMPEL ARBITRATION, WHICH IS GRANTED, IT WILL BE THE RESPONSIBILITY OF THE PARTY ASSERTING THE CLAIM(S) TO COMMENCE THE ARBITRATION PROCEEDING. THE ARBITRATION SHALL BE HELD AND ARBITRATED IN THE COUNTY AND STATE IN WHICH I RESIDED WHEN THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. 

THE SALE TRANSACTIONS AND THE FINANCE TRANSACTIONS (IF ANY) UNDER OUR AGREEMENT INVOLVE INTERSTATE COMMERCE AND ARE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).  ACCORDINGLY, THIS PROVISION IS GOVERNED BY THE FAA, 9 U.S.C. SECTIONS 1 ET SEQ. THE APPOINTED ARBITRATOR MUST BE A LAWYER WITH AT LEAST TEN YEARS OF LEGAL EXPERIENCE. ONCE APPOINTED, THE ARBITRATOR MUST APPLY THE SAME FEDERAL LAW OR THE LAW OF THE STATE IN WHICH THE SERVICES WERE PRIMARILY RENDERED FOR SUBSTANTIVE LAW AND LAW OF REMEDIES AND LEGAL PRINCIPLES, CONSISTENT WITH THE FAA, THAT WOULD APPLY IN COURT, BUT MAY USE DIFFERENT PROCEDURAL RULES.  PARTICIPATION BY ANY PARTY IN THE ARBITRATION MAY TAKE PLACE BY TELEPHONE.  IF THE ARBITRATION FORUM’S RULES CONFLICT WITH THIS PROVISION, THIS PROVISION WILL CONTROL. 

ANY CLAIM MAY, AT THE OPTION OF THE PARTY RECEIVING THE DEMAND FOR ARBITRATION (THE PARTY NOT ASSERTING THE CLAIM) BE FIRST SUBMITTED TO A NON-BINDING MEDIATION PROCESS GOVERNED BY THE THEN-APPLICABLE RULES OF MEDIATION ESTABLISHED BY THE ARBITRATION FORUM.  THE MEDIATION SHALL BE ELECTED WITHIN SEVEN DAYS OF RECEIPT OF THE DEMAND FOR ARBITRATION AND COMPLETED WITHIN THIRTY DAYS THEREAFTER.  THE MEDIATION ITSELF SHALL NOT LAST MORE THAN FOUR HOURS, AND THE COSTS OF THE MEDIATION, OTHER THAN LEGAL FEES, WHICH ARE TO BE BORNE BY EACH PARTY, SHALL BE PAID ENTIRELY BY THE PARTY ELECTING THE MEDIATION. 

THE PARTIES SHALL SHARE EQUALLY IN ANY APPLICABLE FILING FEES AND COSTS OF THE ARBITRATION, UNLESS I CAN REASONABLY ESTABLISH TO COMPANY THAT I AM FINANCIALLY BURDENED BY PAYING THE INITIAL CASE OR FILING FEES OF THE ARBITRATION, IN WHICH CASE, COMPANY SHALL BE RESPONSIBLE FOR THE INITIAL CASE OR FILING FEES. THE FINDINGS OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON ALL PARTIES TO THIS AGREEMENT, AND MAY INCLUDE AN AWARD OR REIMBURSEMENT OF FILING FEES THAT HAVE BEEN PAID BY ONE PARTY OR THE OTHER. OTHER THAN AS REQUIRED BY LAW OR AS DETERMINED BY THE ARBITRATOR IN ACCORDANCE WITH APPLICABLE LAW, EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN LEGAL FEES.

ANY ARBITRATION PROCEEDING BROUGHT UNDER THIS PROVISION, AND ANY AWARD, FINDING, OR VERDICT OF OR FROM SUCH PROCEEDING SHALL REMAIN CONFIDENTIAL BETWEEN THE PARTIES AND SHALL NOT BE MADE PUBLIC. WE SHALL ALLOW AND PARTICIPATE IN DISCOVERY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE FOR A LIMITED PERIOD OF NINETY (90) DAYS AFTER THE FILING OF THE ANSWER OR OTHER RESPONSIVE PLEADING. UNRESOLVED DISCOVERY DISPUTES MAY BE BROUGHT TO THE ATTENTION OF, AND MAY BE DISPOSED OF BY THE ARBITRATOR. EITHER COMPANY OR I MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION, IF NECESSARY, TO COMPEL ARBITRATION UNDER THIS PROVISION, TO OBTAIN PRELIMINARY RELIEF IN SUPPORT OF A CLAIM TO BE ADJUDICATED BY ARBITRATION, OR TO ENFORCE AN ARBITRATION AWARD. A JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. IF ANY TERM OR CLAUSE OF THIS PROVISION IS FOUND TO BE UNENFORCEABLE OR IN VIOLATION OF APPLICABLE STATE LAW, WE SHALL TREAT THIS PROVISION AS IF THAT TERM OR CLAUSE DID NOT EXIST, AND THE REMAINDER OF THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT, OTHER THAN AS DISCUSSED PREVIOUSLY IN REGARD TO THE WAIVER OF CLASS OR REPRESENTATIVE ACTIONS BEING APPEALABLE.

NO ARBITRATION PROCEEDING BROUGHT UNDER THIS PROVISION SHALL INCLUDE BY CONSOLIDATION, JOINDER OR IN ANY OTHER MANNER ANY OTHER PERSON OR ENTITY WHO IS NOT A PARTY TO THIS AGREEMENT UNLESS (I) THE INCLUSION OF SUCH PERSON OR ENTITY IS NECESSARY IF COMPLETE RELIEF IS TO BE AFFORDED AMONG THOSE WHO ARE ALREADY PARTIES TO THE ARBITRATION, AND/OR SUCH OTHER PERSON OR ENTITY IS SUBSTANTIALLY INVOLVED IN A QUESTION OF LAW OR FACT THAT IS COMMON TO THOSE WHO ARE ALREADY PARTIES TO THE ARBITRATION AND THAT WILL ARISE IN SUCH PROCEEDING; AND (II) THE WRITTEN CONSENT OF THE OTHER PERSON OR ENTITY SOUGHT TO BE INCLUDED AND THE WRITTEN CONSENT OF EACH PARTY TO THIS AGREEMENT HAS BEEN OBTAINED FOR SUCH INCLUSION. 

WE ARE HEREBY AGREEING TO CHOOSE ARBITRATION, RATHER THAN LITIGATION OR SOME OTHER MEANS OF DISPUTE RESOLUTION TO ADDRESS OUR GRIEVANCES OR ALLEGED GRIEVANCES WITH THE EXPECTATION THAT THIS RESOLUTION PROCESS MAY BE MORE COST-EFFECTIVE AND EXPEDIENT FOR THE PARTIES THAN LITIGATION. BY ENTERING INTO THIS AGREEMENT AND THE ARBITRATION PROVISIONS OF THIS SECTION, BOTH PARTIES ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION, EXCEPT THAT IF THERE IS A SMALL CLAIMS COURT (OR AN EQUIVALENT TYPE OF COURT) LOCATED WITHIN THE COUNTY AND STATE IN WHICH I RESIDE, THEN I MAY, IN ACCORDANCE WITH THE RULES OF THAT SMALL CLAIMS COURT, CHOOSE TO BRING (AND MUST THEN KEEP) MY OWN CLAIM IN THAT SMALL CLAIMS COURT.