B. Agreement to Arbitrate

You and [FreeAISmartWebsite] each agree that any and all disputes or claims between you and [FreeAISmartWebsite] (or any related third parties) that arise out of or relate in any way to this or previous versions of the User Agreement, your use of or access to our Services, the actions of [FreeAISmartWebsite] or its agents, or any products or services sold, offered, or purchased through our Services, including the scope or applicability of this Agreement to Arbitrate (each, a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court. The exceptions to this Agreement to Arbitrate are: (1) you or [FreeAISmartWebsite] may seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or [FreeAISmartWebsite] may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Agreement to Arbitrate, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the User Agreement as well as claims that may arise after the termination of this User Agreement, unless those disputes were noticed prior to this User Agreement.

Informal Dispute Resolution

If a Dispute arises between you and [FreeAISmartWebsite], [FreeAISmartWebsite] is committed to working with you to reach a prompt, low‐cost and mutually reasonable resolution. You and [FreeAISmartWebsite] agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). To initiate Informal Dispute Resolution, a party must give notice to the other party in writing in a valid Notice of Dispute ("Notice"). Such Notice to [FreeAISmartWebsite] should be sent by email to support@[FreeAISmartWebsite] or regular mail to our offices located at 2512 Orient Rd Tampa, FL 33619. [FreeAISmartWebsite] will send any Notice to you to the physical address we have on file associated with your [FreeAISmartWebsite] account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and including a description of the claims you are asserting, the specific relief sought, and the user name, email address and phone number associated with your account.

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

Waiver of Jury Trial

YOU AND [FreeAISmartWebsite] HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and [FreeAISmartWebsite] are instead electing that all Disputes shall be resolved by arbitration under this Agreement to Arbitrate, except as specified in Section ("Agreement to Arbitrate").

Waiver of Class and Representative Actions and Non-Individualized Relief

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Agreement to Arbitrate, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section ("Batch Arbitration").

Notwithstanding anything to the contrary in this Agreement to Arbitrate, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and [FreeAISmartWebsite] agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be brought in court pursuant to Section C: (Judicial Forum for Legal Disputes) below, subject to your and [FreeAISmartWebsite] right to appeal the court's decision. All other Disputes, aside from those explicitly exempted in section B: (Agreement to Arbitrate) listed above, shall be arbitrated. This section does not prevent you or [FreeAISmartWebsite] from participating in a class-wide settlement of claims.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Agreement to Arbitrate, including the enforceability, revocability, scope, or validity of the Agreement to Arbitrate or any portion of the Agreement to Arbitrate, except that all Disputes regarding Section B.3: ("Waiver of Class and Other Non-Individualized Relief") including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.

The award of the arbitrator is final and binding upon you and us. Unsatisfied judgments on the arbitration award may be entered in any court having jurisdiction. This User Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Agreement to Arbitrate and any arbitration, including the procedures governing Batch Arbitration.

If Informal Dispute Resolution does not resolve satisfactorily within 45 days after receipt of a Notice, you and [FreeAISmartWebsite] agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Agreement to Arbitrate. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. If NAM is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach agreement, the court pursuant to Section C: Judicial Forum for Legal Disputes (below) shall select the administrator.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the "Demand"). A Demand to should be sent by mail to Virtual Press LLC., Attn: Litigation Department - [FreeAISmartWebsite], 2512 Orient Rd Tampa, FL 33619. If [FreeAISmartWebsite] initiates an arbitration against you, it will send a Demand to the physical address we have on file associated with your [FreeAISmartWebsite] account; it is your responsibility to keep your physical address up to date. A Demand form is available on NAM's site at https://www.namadr.com/content/uploads/2024/09/Revised-Comprehensive-Demand-for-Arb-9.17.24.pdf. The Demand must include: (1) the name, telephone number, mailing address, e‐mail address, and [FreeAISmartWebsite] user name of the party seeking arbitration, including a statement whether the party is a U.S. resident; (2) a statement of the legal claims being asserted and the factual bases for those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand.

If you are a U.S. resident, and unless you and [FreeAISmartWebsite] otherwise agree, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside or, in the case of Batch Arbitration, as determined by the arbitrator. If you are not a resident of the United States, then the arbitration, including any in-person arbitration hearing, will be held in Tampa, FL, United States, or another mutually agreed location. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and [FreeAISmartWebsite] agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and [FreeAISmartWebsite] agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

The parties agree that the arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The parties agree that the arbitrator shall not be bound by rulings in prior arbitrations involving different users but shall be bound by rulings in prior arbitrations involving the same [FreeAISmartWebsite] user to the extent required by applicable law. The arbitrator's award shall be final and binding, and an unsatisfied judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Arbitrator

The arbitrator will be either a retired judge or an attorney and will be selected by the parties from the NAM’s roster of consumer dispute arbitrators, provided that if the Batch Arbitration process is triggered, NAM will appoint the arbitrator for each batch without soliciting input or feedback from any party. If the parties are unable to agree upon an arbitrator within 35 days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with the NAM Rules.

Fees and Costs

Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM fee schedules (the "Fee Schedules"), but may be reapportioned between the parties in accordance with this Agreement to Arbitrate, as follows: if you complied with the Informal Dispute Resolution requirements in Section 1 of this Agreement and the value of the relief sought in the Dispute is $10,000 or less, at your request [FreeAISmartWebsite] will pay all filing, administration, and arbitrator fees associated with the arbitration. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator may, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedule.

Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and [FreeAISmartWebsite] agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against [FreeAISmartWebsite] by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant’s Counsel"), within a reasonably proximate period of time, for example, a 90 day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between 25 and 99 individual Demands are filed, a single batch of all those Demands, and, to the extent there are less than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimant’s Counsel or, if Claimant’s Counsel does not have a preference, by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by [FreeAISmartWebsite].

You and [FreeAISmartWebsite] agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

Severability

Except as provided in Section 19.B.3 ("Waiver of Class or Other Non-Individualized Relief"), if any part or parts of this Agreement to Arbitrate (other than Section 19.B.7 ("Batch Arbitration")) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement to Arbitrate shall continue in full force and effect. However, if Section B.7: ("Batch Arbitration") of this Agreement to Arbitrate is found under the law to be invalid or unenforceable then, in that case, the entire Agreement to Arbitrate shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Hillsborough County, Florida as required in Section C: (Judicial Forum for Legal Disputes). You further agree that any Dispute that you have with [FreeAISmartWebsite] as detailed in this Agreement to Arbitrate must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Opt-Out Procedure

YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THE EFFECTIVE DATE OF THE AMENDMENT OR 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT. YOU MUST MAIL THE OPT-OUT NOTICE TO Virtual Press LLC., ATTN: LITIGATION DEPARTMENT - [FreeAISmartWebsite], RE: OPT-OUT NOTICE, 2512 Orient Rd Tampa, Florida 33619. 

For your convenience, we are providing an Opt-Out Notice form. You must complete, sign, and mail that to us to opt out of this Agreement to Arbitrate. You must sign the Opt-Out Notice for it to be effective. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third party purporting to act on your behalf will have no effect on your or [FreeAISmartWebsite]’s rights. This procedure is the only way you can opt out of this Agreement to Arbitrate.

Opting out of this Agreement to Arbitrate has no effect on any arbitration agreement(s) you may currently have with us, including any previous version of this Agreement to Arbitrate to which you agreed; all such prior arbitration agreements remain in effect unless superseded by this Agreement, and you cannot use this procedure to opt out of any previous version of this Agreement to Arbitrate. Neither you nor [FreeAISmartWebsite] waives any right to arbitration that may apply to any current or pending lawsuit, arbitration, or legal proceeding commenced prior to the effective date of this Agreement to Arbitrate.  If you opt out of this Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes section will continue to apply to you.

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim already filed in arbitration (or, where permitted, in court or small claims court) against [FreeAISmartWebsite] prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and [FreeAISmartWebsite]. We will notify you of material amendments to this Agreement to Arbitrate. We will provide you 30 days' notice by posting the amended terms on www.[FreeAISmartWebsite].com. Additionally, we will notify you by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms. Your continued use of or access to our Services, including the acceptance of any products or services sold, offered, or purchased through our Services following the posting of changes to this Agreement to Arbitrate constitutes your acceptance of any such changes.