Common use of ARBITRATION AGREEMENT AND CLASS ACTION WAIVER Clause in Contracts

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Dwell at Home, Inc. (“Dwell at Home,” “we,” or “us”) and, to the extent expressly stated. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at w ▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, any of our applications, or any part of the rest of the Site. Subject to the conditions set forth herein, ▇▇▇▇▇ at Home may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Dwell at Home will provide reasonable advance notice of any amendment that includes a substantial change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by ▇▇▇▇▇ at Home, Dwell at Home will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Dwell at Home3D Houdini, Inc. (“Dwell at Home3DHoudini,” “we,” or “us”) and, to the extent expressly stated). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at w ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, any of our applications, ▇ or any part of the rest of the SiteSite (defined in the Site Terms of Use) or the Site Services (defined in the Site Terms of Use). This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Site Terms of Use; Fee and ACH Authorization Agreement; Cookie Policy; Privacy Policy; ▇▇▇▇ Use Guidelines; Proprietary Rights Infringement Reporting Procedures; and the Default Service Contract, or any other Service Contract you enter into with another User. These agreements are collectively, with this Agreement, called the “Terms and Conditions”. Subject to the conditions set forth herein, ▇▇▇▇▇ at Home 3DHoudini may, in its sole discretion, amend this Agreement and the other Terms of Service and Conditions at any time by posting a revised version on the Site. Dwell at Home 3DHoudini will provide reasonable advance notice of any amendment that includes a substantial change Substantial Change (defined below), by posting the updated Terms of Service and Conditions on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by ▇▇▇▇▇ at Home3DHoudini, Dwell at Home 3DHoudini will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service and Conditions will take effect on the noted effective date (each, as applicable, the “Effective Date”). YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICEAND CONDITIONS, INCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE. IF YOU AGREE TO THE TERMS OF SERVICE AND CONDITIONS ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND CONDITIONS AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Dwell at Home, Inc. QWQER Services LLC (“Dwell at HomeQWQER,” “we,” or “us”) and, to the extent expressly stated). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at w ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, any of our applications, ▇ or any part of the rest of the SiteSite (defined in the Site Terms of Use) or the Site Services (defined in the Site Terms of Use). This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time Site Terms of Use; Fee and ACH Authorization Agreement; Cookie Policy; Privacy Policy; Driver’s License, Record Verification and Rules & Regulations Attestations and Driver Rules and Regulations Consent Form, Proprietary Rights Infringement Reporting Procedures; and the Stripe Payment Instructions as applicable to any Service Contract you enter into with another User, specifically the Mileage Payment Agreement with Stripe Instructions. These agreements are collectively, with this Agreement, called the “Terms of Service”. Subject to the conditions set forth herein, ▇▇▇▇▇ at Home QWQER may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Dwell at Home QWQER will provide reasonable advance notice of any amendment that includes a substantial change Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by ▇▇▇▇▇ at HomeQWQER, Dwell at Home QWQER will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”). YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.