Master Terms and Conditions
Last updated: September 21, 2025
We are pleased you have visited our web site. Please understand that the content on this web page is informational in nature only. By visiting this web site, you are agreeing to all four parts of these Master Terms and Conditions, which we refer to as the “Terms” or “This Agreement”.
At Bespoke Designworks Inc (hereinafter, “Bespoke Designworks”, “We,” “Us,” or “Our”), we recognize that earning and retaining your trust is one of the most important things we do as a business. That means that protecting your privacy is a responsibility we take very seriously.
Please carefully read these entire Terms, as they constitute a written agreement between you and us, and they affect your legal rights and obligations. Each time you access and/or use this site (other than to simply read these Terms), you agree to be bound by and comply with the Terms posted at the time of such access or use. Do not use the site if you do not agree; otherwise, by accessing and/or using any part of this site, you are agreeing to be bound by these Terms.
Furthermore, by using this website and providing your personal information to us, and by continuing to use this website, you explicitly agree to the electronic transaction of any agreement between you and Bespoke Designworks. You have the right to receive either an electronic or paper copy of this website’s Terms at no charge, as well as any contact authorization you submit to us through this website. If you would like a paper copy, just e-mail us at privacy@dreamstyleus.com and specify if you would like to receive an electronic or paper copy. If you request to receive a copy electronically, it will be sent to your email; whereas if you prefer to receive a paper copy, please provide us your name and mailing address and be sure to state you what you are requesting (such as a copy of this website’s Terms, or the contact authorization you submitted to us). You can also contact us to withdraw your consent to electronic transactions between you and Bespoke Designworks. Just give us your name, e-mail, and mailing address, and be sure to state you are withdrawing your consent as such.
To engage in electronic transactions with us, or receive an electronic copy of these Terms, you need to have is the following equipment and software:
A personal computer or other device (such as a smartphone or tablet) that can access the Internet. If you are accessing this page on a device you own, then this verifies that your system/device meets these requirements.
A current internet web browser that we support. If you are accessing this page on a device you own, then this verifies that your browser meets these requirements.
Software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader®. If you are accessing this page on a device you own, this verifies that your system/device has the necessary software to permit you to receive and access PDF files. (The software is also available for downloading here)
By using this website and by continuing to use this website, you confirm (i) you can access and read these Terms; (ii) that you can print these Terms on paper or save them or send them to a place where you can print them, for future reference and access; and (iii) upon your request, we will provide you with an electronic copy of this website’s Terms unless you request a paper copy, as discussed above. There are four parts to these Terms, after this introductory discussion. The first part is our general privacy policy applicable to all parties whose data we may access or store.
The second part is a specific discussion of some of these same issues but also explains your rights as a California resident under the California Consumer Privacy Act (“CCPA”), which was amended by the California Privacy Rights Act (“CPRA”), and discusses certain additional disclosures and rights.
The third part addresses texting and our texting policies and practices.
The fourth part is our dispute resolution section, which discusses how disputes that may arise between us are to be handled.
The Terms do not address, and we are not responsible for, the privacy, information, or other practices of any third party, including any third-party finance companies, suppliers, manufacturers, website operators, or any third party operating any site to which our websites contain a link. Any links contained on this web site are for the use and enjoyment of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse or approve any linked information or entity; and the existence of any particular link is simply intended to imply potential interest to the visitor. By downloading, accessing, or using our websites or content on our websites, or using any electronic application on a mobile phone, tablet, or similar device , or providing information to us in connection with any such transaction or any of our websites, mobile applications or other sites or services, you acknowledge that you have read, understood and agree to these Terms.
All content on this web site (by “content”, we mean the text, graphics, design and programming on the web site) is the property of Bespoke Designworks, or the property of third parties as indicated, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purposes. Bespoke Designworks does not assume any obligation for the accuracy, completeness, or truthfulness of any of the content of the web site.
You may not send unsolicited commercial email to the email addresses provided on the web site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Bespoke Designworks. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited. Your agreement to the following disclaimers and limitations is a material inducement to Bespoke Designworks, to permit you to access the web site. Your use of the web site, and the obligations and liabilities of Bespoke Designworks in respect of your use of the web site, is expressly limited as follows:
THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. DREAMSTYLE DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL DREAMSTYLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DREAMSTYLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. The failure of Bespoke Designworks to enforce any part of these terms and conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.
Who We Are
We provide quality home improvement and remodeling products and services throughout the United States, and because quality matters to us, it is our commitment to provide a better community by helping one family at a time to have a comfortable and efficient home.
https://dreamstyleremodeling.com/ (together with any other Bespoke Designworks websites) is our flagship website, where we make available Bespoke Designworks complete range of products and services directly to consumers.
At Bespoke Designworks, we also work with industry partners, affiliates, distributors, and suppliers. These are companies that may manufacture, distribute, finance, promote, or install our products and services to consumers, and may also host our internet websites and provide us with information on consumers interested in our products and services. Some of these industry groups have their own individual websites.
If you provide personal data directly to our industry partners, affiliates, distributors, or suppliers, the terms of their respective privacy policies will apply to such disclosures. You should carefully review the privacy policies of the industry partners, affiliates, distributors, or suppliers prior to providing personal data to such third parties.
Privacy Policy – Part 1
Our Privacy Policy may be accessed here.
California Consumer Privacy Act/California Privacy Rights Act- Privacy Statement – Part 2
Our California Consumer Privacy Act/California Privacy Rights Act Privacy Statement may be accessed here.
Texting Policy – Part 3
PRIVACY FOR TEXT MARKETING
Bespoke Designworks is offering a mobile messaging service (the “Service”), which you (as a “User”) agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Texting Policy”). By opting in to or participating in our Services, you accept and agree to this Texting Policy. This Texting Policy is limited to the Service and is not intended to modify other terms and conditions in these Terms that may govern the relationship between you and us in other contexts.
User Opt-In: The Service allows Users to receive SMS mobile messages by affirmatively opting into the Service through an online application. By participating in the Service, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
User Opt-Out: If you do not wish to continue participating in the Service or no longer agree to this Texting Policy, you agree to reply “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any mobile message from us in order to opt out of the Service. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable and valid methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable or valid means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above before ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Services.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Service Description: Without limiting the scope of the Service, users that opt into the Service can expect to receive messages concerning the marketing and sale of Dreamstyle home improvement and remodeling products, services, and related software products and services.
Cost and Frequency: Message and data rates may apply. The Service involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction(s) with us.
Support Instructions: For support regarding the Service, text “HELP” to the number you received messages from or email us at privacy@dreamstyleus.com. Please note contacting us at this email address is not a reasonable or valid method of opting out of the Service. Opt-outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty: The Service is offered on an “as-is” basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Participant Requirements: You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
Age Restriction: You may not use or engage with the Service if you are under thirteen (13) years of age. If you use or engage with the Service and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Service, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Service, or are of adult age in your jurisdiction. By using or engaging with the Service, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Service.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Service. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Texting Policy and perform your obligations hereunder, and nothing contained in this Texting Policy or the performance of such obligations will place you in breach of any other contract, agreement, or obligation. The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Texting Policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the extent necessary so that this Texting Policy otherwise will remain in full force, effect, and enforceable. Any new features, changes, updates, or improvements of the Service shall be subject to this Texting Policy unless explicitly stated otherwise in writing. We reserve the right to change this Texting Policy from time to time. Any updates to this Texting Policy shall be communicated to you. You acknowledge your responsibility to review this Texting Policy from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Texting Policy, as modified.
Texting Privacy: We will only use the information you provide through the Service to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SERVICE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Service for an ulterior purpose, we may refuse you access to the Service and pursue any appropriate legal remedies.
Dispute Resolution Policy – Part 4
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 CALIFORNIA BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS.
Going forward, in this Part 4, “Bespoke Designworks” refers to Bespoke Designworks Home Partners; “we” refers to both you, as the visitor to this website and Bespoke Designworks, together; and “I”, “Me” or “My” 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 WEB SITE, (II) MY ENTERING OF INFORMATION OR DATA INTO THE FORMS CONTAINED ON THIS WEB SITE, OR (III) ANY HOME IMPROVEMENT AGREEMENT BETWEEN ME AND DREAMSTYLE, ITS AUTHORIZED DEALERS, AND/OR ITS AFFILIATES (“OUR AGREEMENT”), INCLUDING BY WAY OF EXAMPLE AND NOT AS A LIMITATION: (I) THE RELATIONSHIPS RESULTING FROM OUR AGREEMENT, CALLS, TEXTS OR EMAILS MADE TO ME OR SENT TO ME AND ANY THE WORK AND TRANSACTIONS ARISING AS A RESULT THEREOF INCLUDING ANY FEDERAL OR STATE STATUTORY OR REGULATORY CLAIMS; (II) THE BREACH OR ALLEGED BREACH OF OUR AGREEMENT; OR (III) THE VALIDITY OF OUR AGREEMENT 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 DREAMSTYLE BY A STATE OR FEDERAL GOVERNMENT AGENCY EVEN WHEN SUCH AGENCY IS SEEKING RELIEF ON BEHALF OF A CLASS OF CONSUMERS. THIS MEANS THAT DREAMSTYLE WILL NOT HAVE THE RIGHT TO COMPEL ARBITRATION OF ANY CLAIM BROUGHT BY SUCH AN AGENCY.
ANY CLAIM MAY, AT THE OPTION OF EITHER DREAMSTYLE 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, 620 EIGHTH AVENUE, 34TH FLOOR, NEW YORK, NY 10018, WWW.JAMSADR.COM, (866) 995-3697. 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 DURING MY WORK WITH DREAMSTYLE.
ANY MARKETING, TEXTING, COMMUNICATIONS, SALE TRANSACTIONS AND FINANCE TRANSACTIONS (IF ANY) UNDER THESE TERMS 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 DREAMSTYLE THAT I AM FINANCIALLY BURDENED BY PAYING THE INITIAL CASE OR FILING FEES OF THE ARBITRATION, IN WHICH CASE, DREAMSTYLE 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 BY, THE ARBITRATOR. EITHER DREAMSTYLE 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.
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