Arbitration Agreement & Class Action Waiver

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This Arbitration Agreement & Class Action Waiver ("Arbitration Agreement") is part of the Terms of Service between you and Milli ("Milli," "we," or "us"). It requires that most disputes be resolved through binding individual arbitration rather than in court, and it waives your right to a jury trial and to participate in class actions.

1. Informal Resolution First

Before starting arbitration or a small claims case, you and Milli agree to try to resolve any dispute informally. Send a written notice describing the dispute and the relief requested to support@drivemilli.com (or, if Milli is initiating, to the email associated with your account). The parties will negotiate in good faith for at least 60 days. Any applicable limitations period is tolled during this period.

2. Agreement to Arbitrate

Except as stated in Section 3, you and Milli agree that any dispute, claim, or controversy arising out of or relating to the Services, the Terms, or your relationship with Milli, including the formation, scope, and enforceability of this Arbitration Agreement, will be resolved exclusively by final and binding arbitration before a single neutral arbitrator. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. section 1 et seq.

3. Exceptions

Either party may: (a) bring an individual claim in small claims court if it qualifies and remains there; (b) seek injunctive or equitable relief in court for infringement or misappropriation of intellectual property; and (c) report matters to, or participate in investigations by, any federal, state, or local agency, such as the Consumer Financial Protection Bureau or the Federal Trade Commission. Nothing in this Arbitration Agreement waives rights that cannot be waived under applicable law.

4. Arbitration Rules and Administrator

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at adr.org. If the AAA is unavailable or unwilling to administer the arbitration, it will be administered by JAMS under its Streamlined Arbitration Rules & Procedures. The arbitrator will apply applicable substantive law and may award any individual relief available in court.

5. Location, Hearings, and Costs

Arbitration will take place in the county of your residence, or by video or written submissions if you prefer. For claims of $10,000 or less, you may choose whether the arbitration proceeds by documents only, telephone, or video. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules; for claims under $10,000 that are not frivolous, Milli will pay all such fees on your behalf beyond your initial filing fee.

6. Class Action and Jury Trial Waiver

YOU AND MILLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding. YOU AND MILLI WAIVE ANY RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to any claim, that claim must be severed and litigated in court, and the remaining claims will be arbitrated.

7. Mass Arbitration

If 25 or more similar demands for arbitration are filed by or with the assistance of the same law firm or organization, the demands will be administered in batches under the AAA's Mass Arbitration Supplementary Rules, to the extent permitted by those rules.

8. Your Right to Opt Out

You may opt out of this Arbitration Agreement by sending an email to support@drivemilli.com within 30 days after you first accept the Terms, with the subject line "Arbitration Opt-Out" and including your full name, the email address associated with your account, and a clear statement that you wish to opt out. An opt-out will not affect any other part of the Terms or any prior arbitration agreement.

9. Changes

If Milli makes a material change to this Arbitration Agreement, you may reject the change by emailing support@drivemilli.com within 30 days of the change, in which case the version you previously accepted will continue to apply.

10. Severability and Survival

Except as provided in Section 6, if any part of this Arbitration Agreement is found unenforceable, the remainder will remain in effect. This Arbitration Agreement survives termination of your account and the Terms.