Proposed arbitration terms

1. Express adoption only

This proposed addendum would apply only between Smiley Nichols LLC and the contractor named in a signed service order that expressly adopts a specific final version. Merely browsing, inquiring, receiving an invitation, or signing in is not acceptance. Do not apply these business terms to consumers, employees, or callers without separately appropriate legal review.

2. Try an informal resolution

Proposed process: before starting a claim, either party sends written notice to the other party's designated service-order contact describing the issue, requested resolution, and contact details. Allow thirty days for good-faith discussion unless emergency relief or a deadline requires earlier action. Any tolling of filing deadlines must be agreed in writing; this draft does not extend them.

3. Neutral arbitration

If expressly adopted, covered disputes arising from the service agreement would be decided by one neutral arbitrator administered by the American Arbitration Association under its applicable Commercial Arbitration Rules, subject to mandatory law. The Federal Arbitration Act would govern interpretation and enforcement where it applies. A court with jurisdiction may enter judgment on the award.

The arbitrator may award remedies otherwise available under applicable law and the valid agreement, must provide a reasoned written decision, and must disclose conflicts. Court review of an arbitration award is limited. No party selects the arbitrator unilaterally.

4. Court and regulatory rights preserved

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary court relief necessary to protect rights pending arbitration. Nothing prohibits reporting concerns to regulators, cooperating with government investigations, or exercising non-waivable statutory rights. Claims that law excludes from predispute arbitration remain excluded.

This draft does not include a class-action waiver, jury-trial waiver outside valid arbitration, or delegation of agreement-formation questions to an arbitrator. If a valid arbitration agreement is adopted, covered claims would ordinarily be decided by an arbitrator rather than a court or jury; counsel must ensure that consequence is conspicuously disclosed and properly accepted.

5. Location and costs

Remote proceedings are preferred when appropriate and agreed. Otherwise choose a reasonably convenient location by agreement or under the administrator's rules. The applicable rules and mandatory law control filing fees, administration fees, arbitrator compensation and any cost allocation. Do not make a claim practically inaccessible through unreasonable travel or cost requirements.

Before adoption, review the then-current fee schedule and whether consumer rules or clause registration would apply to the actual relationship. No arbitration service has been purchased, no clause registered, and no legal or financial terms accepted on the operator's behalf.

6. Opt-out and future changes

Proposed opt-out: a contractor may reject this addendum by sending written notice within thirty days after signing the final agreement, using the notice address identified there. Keep a dated record of the opt-out and honor it without cancelling the underlying service solely for that reason. Final notice mechanics and any later changes require counsel and operator approval.

If an arbitration provision cannot lawfully apply, the affected dispute proceeds in a court with jurisdiction rather than under a replacement process imposed unilaterally. Amendments must not retroactively change the rules for an already asserted dispute without both parties' agreement.