TERMS & CONDITIONS

EFFECTIVE DATE: OCTOBER 21, 2019

 

1. Contractual Relationship & Scope of Services

These Terms of and Conditions ("Terms") govern your access or use of the applications, websites, content, products, and services (the "Services") made available by DOGMII, LLC. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOGMII. IF YOU VIOLATE THESE TERMS, DOGMII RESERVES THE RIGHT TO REMOVE YOU FROM THE SERVICES PLATFORM WITHOUT PRIOR WARNING. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE THE DOGMII SERVICES PLATFORM.

The “Services” includes a mobile application platform that enables “Users” or third-party pet owners to connect with “Groomers” to arrange and schedule pet grooming with independent providers. However, DOGMII has no control over the conduct of third party Groomers or any other users of the Services. YOU ACKNOWLEDGE AND UNDERSTAND THAT DOGMII IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET GROOMING SERVICES. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN PET GROOMING THROUGH THE USE OF DOGMII APPLICATION DOES NOT ESTABLISH DOGMII AS A PROVIDER OF PET GROOMING.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. DOGMII may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

DOGMII may amend the Terms from time to time. Amendments will be effective upon DOGMII's posting of such updated Terms at this location or in the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

DOGMII’s collection and use of personal information in connection with the Services is described in DOGMII's Privacy Statements located at: Privacy Policy

2. Non-Solicitation Clause

A User will not solicit the Groomer to provide services directly but only arrange for services through our application platform. Similarly, Groomers are not to offer or provide grooming services to Users who they met through the platform. Discovery that Users or Groomers have violated this policy shall subject them to permanent removal from the platform.

3. Access/Use of the Services & Creation of User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to DOGMII certain personal information, such as your name, address, mobile phone number, email address, pet’s information including breed, name, and age, as well as at least one valid payment method supported by DOGMII.

You may a create account by using your (1) Facebook account; (2) e-mail; or (3) phone number. By signing up with Facebook, you acknowledge and agree that Facebook may publish, post or share your DOGMII activity. Facebook publications, posts and/or shares are beyond the control of DOGMII. Please check your Facebook’s Terms and Conditions for information about how signing in through Facebook may be published on Facebook.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services.

I. Notifications: You agree that DOGMII may send you mobile notifications for appointment reminders through the Application, and may otherwise contact you by e-mail, telephone or text messages (including by an automatic telephone dialing system) at any of the e-mail addresses or phone numbers provided by you or on your behalf in connection with any DOGMII account.

II. User Provided Content (Reviews, Feedback): DOGMII permits you to submit, upload, publish or otherwise make available to DOGMII through the Services textual information, including commentary, reviews, and feedback related to the Services. By providing UserContent to DOGMII, you grant DOGMII a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. By providing User Content, you represent and warrant that the Content belongs to you exclusively.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DOGMII in its sole discretion, whether or not such material may be protected by law. DOGMII may, but shall not be obligated to, review, monitor, or remove User Content, at DOGMII's sole discretion and at any time and for any reason, without notice to you.

4. Duties of Users/Third-Party Pet Owners

You understand and agree that DOGMII connects you with Groomers, independent providers who provide three types of grooming services: (1) at-home grooming services where the independent provider performs grooming in your home or designated location provided by you; (2) in-store grooming services where you transport your pet to a store for grooming by the independent provider; and (3) mobile pet grooming where the independent provider will travel to your desired location to provide grooming services inside a commercial grooming vehicle. When scheduling services, you agree that your pet is not sick and is in suitable condition for grooming. The following terms apply for each kind of service:

I. At-home grooming services: You acknowledge and agree that the Groomer will be able to receive information about the designated location, including the address and that you and your pet will be at the designated location at the designated time ready for the Groomer to provide services. You are to allow the Groomer to access the following: (1) a water source and tub or sink for bathing your pet; (2) space for the Groomer to set up a table; (3) an electricity source for the Groomer to plug-in tools; (4) clean towels for your pet. Groomers will not have access to your e-mail or phone number, but may be provided a masked phone number to contact you about your services.

II. In-store grooming services: You acknowledge and agree that you are to be on-time to your pet’s grooming appointment and for pickup. You are welcome to wait for your pet’s grooming to be completed. Groomers will not have access to your e-mail or phone number, but may be provided a masked phone number to contact you about your services.

III. Mobile pet grooming: You acknowledge and agree that the Groomer will be able to receive information about the designated location, including the address, and that you and your pet will be at the designated location at the designated time ready for the Groomer to provide services. You are to allow the Groomer to access a water source. By selecting mobile pet grooming, you acknowledge there is adequate and safe driveway or street parking available for the vehicle to park. Groomers will not have access to your e-mail orphone number, but may be provided a masked phone number to contact you about your services.

5. Cancellation Policy

You understand and agree that DOGMII matches users requesting pet grooming services with independent Groomers who are in close geographical proximity to you and available at the designated time. If you select to schedule services “As Soon As Possible” or “On Demand,” and after booking you decide that you do not want the Groomer to provide services to your pet, there is a five-minute window to cancel the service and receive a full refund. If you do not cancel within this five-minute window, you will not receive a refund. You will also have the option to re-book the grooming services with a different Groomer after cancellation.

If you elect to schedule services, you must cancel the service at least 24 hours before the scheduled appointment time in order to receive a full refund.

If you do not show up for a grooming appointment and/or you are unresponsive or unavailable when a Groomer shows up for a grooming appointment, the Groomer will hold your appointment for a maximum of 20 minutes after which time the Groomer will cancel your appointment and you will be charged for 100% of the grooming services.

6. Payment

You understand that use of the Services may result in charges to you for the services you receive ("Charges"). Prices for each grooming service selected are pre-established and will result in Charges once you authorize and book through the platform. DOGMII will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, including a 10% service fee charged on the total (exclusive of gratuity). Users have the option to add gratuity to their Charges. You understand and agree that, while you are free to provide additional payment as a gratuity to any Groomer, you are under no obligation to do so. Gratuities are voluntary and appreciated. Charges are final and nonrefundable, unless otherwise determined by DOGMII.

All Charges and payments will be enabled by DOGMII using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DOGMII may use a secondary payment method in your Account, if available.

As between you and DOGMII, DOGMII reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in DOGMII's sole discretion. DOGMII will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DOGMII may fromtime to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services. Promotional discounts may be received by users through e-mail, text message, or by application notification and are not transferable or redeemable for cash. After you have received services obtained through DOGMII, you will have the opportunity to rate your experience and leave additional feedback.

7. Duties of Groomers (Independent Providers)

I. General: All Groomers agree that you will be at the designated location at the designated time ready to provide the grooming services in a competent and professional manner. As a Groomer, you are responsible for having with you all equipment reasonable and necessary to perform the services in a professional and hygienic manner. Groomers will be rated and reviewed by customers at the end of each session. DOGMII reserves the right to add and delete Groomers from the platform in their sole discretion, including for failing to achieve positive reviews or ratings. Persistent ratings that are under 3-stars out of 5-stars are grounds for removing the Groomer from the platform.

II. Mobile and In-Store Grooming: If you are a Groomer providing mobile pet grooming services or in-store grooming services, you are required to hold a valid pet care license for commercial grooming of animals. By signing up as a mobile or in-store Groomer through the DOGMII platform, you are representing that you hold a valid pet care license for commercial grooming of animals. DOGMII does not verify validity of pet care license for commercial grooming of animals. DOGMII does verify in-store grooming businesses and mobile grooming businesses, and Groomers will provide their business tax identification to DOGMII for verification. Additionally, if you are a Groomer offering in-store grooming services, you are required to honor the timeframe in which the pet needs to have services completed and be ready for pickup.

III. In-home Grooming: If you are a Groomer providing in-home services, DOGMII will subject you to a background check and will add you to the platform in accordance with the outcome of the background check. You agree to provide DOGMII with your social security number and/or driver’s license and/or any other information reasonably requested by DOGMII in order to complete the background check.

IV. Groomer Payment: Groomers will be compensated through electronic deposit/wire transfer, to the bank account as designated in the platform. Groomers will receive payment up to seven (7) business days after services are provided. Groomers will be charged 20% of the overall bill (exclusive of gratuity) as a service fee to DOGMII, and DOGMII will withhold that amount from the amount due to the Groomer. Additionally, Groomers will be charged a 3% merchant fee on the net fee due to them, and DOGMII will withhold that amount from the total amount due to the Groomer. Groomers understand and agree that from time to time, DOGMII may provide users with promotional offers or discount codes for grooming services. Groomers agree to honor those rates.

If DOGMII receives a claim or complaint about the Groomer for incompetent, substandard, or unprofessional grooming services, DOGMII reserves the right to adjust or withhold payment for those services and issue a refund to the user. Claims or complaints must be sent via e-mail to info@DOGMII.com within 12 hours of the completion of the grooming services.

8. License to Use the Application/Platform

Subject to your compliance with these Terms, DOGMII grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Application on your personal device solely in connection with your personal, noncommercial use of the Services. Any rights not expressly granted herein are reserved by DOGMII.

9. Restrictions on Use

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by DOGMII; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

10. Disclaimers, Limitation of Liability, and Indemnity

I. DISCLAIMERS: DOGMII does not carry liability insurance for grooming services coverage and does not require Users or Groomers to carry liability insurance for grooming services coverage. DOGMII Users and/or Groomers, may but are not required to have liability insurance. DOGMII is not liable for any incidents or accidents that may occur through the use of the Services, but may choose to contribute up to $200.00 for an individual incident, subject to the User/Groomer’s reporting of the incident within twelve (12) hours of its occurrence via e-mail to: info@DOGMII.com. Incident Report e-mails must contain: (1) names of the parties involved; (2) contact information for the parties involved; (3) a brief description of the incident.

DOGMII does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DOGMII DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. IN ADDITION, DOGMII MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DOGMII DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF INDEPENDENT GROOMERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

II. LIMITATION OF LIABILITY: DOGMII SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DOGMII, EVEN IF DOGMII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOGMII SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY INDEPENDENT GROOMER, EVEN IF DOGMII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOGMII SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DOGMII'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT INDEPENDENT PROVIDERS PROVIDING PET GROOMING SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. DOGMII ITSELF DOES NOT CONDUCT LICENSE OR BACKGROUND SEARCHES ON ALL INDEPEDENT GROOMERS, JUST TO DOES PERFORMING IN-HOME SERVICES AND IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR CONDUCTING LICENSE OR BACKGROUND CHECKS ON INDEPENDENT GROOMERS EXCEPT TO THOSE OFFERING IN-HOME SERVICE

YOU AGREE THAT DOGMII HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DOGMII’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DOGMII’S CHOICE OF LAW PROVISION SET FORTH BELOW.

III. Indemnity: You agree to indemnify and hold DOGMII and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) yourbreach or violation of any of these Terms; (iii) DOGMII's use of your User Content; or (iv) your violation of the rights of any third party, including Independent Providers/Groomers.

11. Other Provisions

I. Choice of Law: These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement below. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause below, or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.

II. Notice: You may give notice to DOGMII, with such notice deemed given when received by DOGMII, at any time by first class mail or pre-paid post to our registered agent in Florida for service of process, c/o DOGMII, LLC.

III. General: You may not assign these Terms without DOGMII's prior written approval. DOGMII may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DOGMII's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, DOGMII or any Independent Groomer as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DOGMII's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DOGMII in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

12. Agreement to Arbitrate Disputes

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DOGMII ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against DOGMII on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against DOGMII, and also preclude you fromparticipating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against DOGMII by someone else.

You and DOGMII agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and DOGMII, and not in a court of law.

You acknowledge and agree that you and DOGMII are each waiving the right to a trial by jury and the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and DOGMII otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and DOGMII each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

I. Rules and Governing Law: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.

II. Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer disputearbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Unless you and DOGMII otherwise agree, the arbitration will be conducted in Miami-Dade County, Florida.

III. Arbitrator's Decision.: The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. DOGMII may seek under applicable law to recover attorneys' fees and expenses if DOGMII prevails in arbitration.

IV. Fees: Fees for any AAA filing, administrative and arbitrator fees will be paid solely as set forth in the AAA Rules. DOGMII may agree to pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

V. Severability and Survival: If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms. However, severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.