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TOWN & COUNTRY ARBITRATION AGREEMENT

This Town + Country Arbitration Agreement (“Arbitration Agreement”) is a binding legal agreement between Town + Country Resources, Inc., with registered address at PO Box 427189 San Francisco, CA 94142(“Town + Country”) and the individual, applicant, or entity agreeing to this Arbitration Agreement (“you”). The “Agreement” between the parties consists of the agreement you executed with Town + Country and any other terms that you agreed to and that govern your engagement with Town + Country.

By executing the Agreement, registering, clicking “I Agree”, submitting application, or otherwise affirmatively manifesting your intent to be bound by the Agreement, you represent and warrant that you have: (a) all necessary rights and authority necessary to enter into this Agreement; and (b) read, understood, and agree to be bound by the Agreement as well as all other agreements referenced herein and any future modifications thereto.

Please read this Arbitration Agreement carefully to ensure that you understand each provision. This Arbitration Agreement contain an arbitration as a dispute resolution mechanism, including class action and jury trial waiver.

If you do not wish to be bound by this Arbitration Agreement, please notify us in accordance with Section 6 of this Arbitration Agreement.

  1. Dispute Process, Arbitration, And Scope
    1. If a dispute arises between you and Town + Country or our affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided in Section 6 below, you and Town + Country agree to resolve any and all claims, disputes, or controversies that arise out of or relate to the Agreement, you relationship with Town+ Country (including without limitation any claimed employment with Town + Country or one of our affiliates or successors), the termination of your relationship with Town + Country, or the Services (each a “Claim” and collectively, “Claims”) through binding arbitration on an individual basis in accordance with this Arbitration Agreement.
    2. Claims that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Public Law 117-90), or by generally applicable law are excluded from the coverage of this Arbitration Agreement.
    3. By agreeing to arbitrate disputes under the Agreement, the parties are expressly giving up any and all rights to a jury trial or court trial before a judge. The parties instead elect to have Claims resolved by arbitration. The arbitrator’s decision shall be final and binding on the parties, subject to review on the grounds set forth in the Federal Arbitration Act (“FAA”)).
  2.  Binding Arbitration and Class Action/Jury Trial Waiver.
    1. This Arbitration Agreement applies to persons and entities located in or who reside in the United States and its territories. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of applicable notice, as set forth in the Agreement, you and Town + Country agree to resolve the Claim by final and binding individual arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.
  3. Scope of Arbitration Agreement and Conduct of Arbitration
    1. This Arbitration Agreement applies to any Claim the parties may have, whether based on past, prevent, or future events, and includes all claims and disputes that arose between the parties before the effective date of the Agreement, and survives after your relationship with Town + Country ends. For the avoidance of doubt, Claims covered by this Arbitration Agreement include, but are not limited to, all claims, disputes or controversies arising out of or relating to the Agreement. This Arbitration Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
    2. Except as otherwise provided in this Arbitration Agreement or Agreement, arbitration will be conducted in San Francisco, California in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. Arbitration of disputes brought by the applicant or any other individual that alleges a violation of a consumer protection statute also will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where you are located. The applicable JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
    3. You and Town + Country will follow the applicable JAMS rules with respect to filing or initial appearance and arbitration fees. The arbitrator shall follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
    4. This Arbitration Agreement does not apply to litigation between Town + Country and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth in Section 6 below. Notwithstanding any other provision of this Arbitration Agreement or Agreement, no amendment to this Arbitration Agreement or Agreement will apply to any matter pending in an arbitration proceeding brought under this Arbitration Agreement unless all parties to that arbitration consent in writing to that amendment.
    5. This Arbitration Agreement also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.
    6. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement. This Arbitration Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement prevents or excuses a party from satisfying any conditions precedent or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Town + Country will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
  4. Interpretation and Enforcement of This Arbitration Agreement
    1. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of Claims. The arbitrator shall have exclusive jurisdiction to decide all disputes arising out of or relating to the arbitrability of a Claim or the interpretation, enforcement, or application of this Arbitration Agreement, including the enforceability, revocability, scope, breach, or validity of the Agreement or any portion of the Agreement or this Arbitration Agreement, except as expressly provided below. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that, except as provided by the Class and Collective Waiver section below, the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Agreement, the Agreement, or any other applicable terms are void or voidable.
    2. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable, except as set forth in Section 7 below.
  5.  Class and Collective Waiver. 
    1. Any private attorney general representative actions under the applicable state law are not arbitrable, not within the scope of this Arbitration Agreement, and may be maintained in a court of law. However, this Arbitration Agreement affects your ability to participate in class or collective actions. Both you and Town+ Country agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of the Agreement, this Arbitration Agreement, or the JAMS rules, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You and Town+ Country agree that you will not be retaliated against as a result of your filing or participating in a class or collective action in any forum. However, Town + Country may lawfully seek enforcement of this Arbitration Agreement and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
  6. Right to Opt-Out of The Arbitration Agreement
    1. you may opt out of the Arbitration Agreement contained in this Arbitration Agreement by notifying Town + Country in writing within 30 days of the date you executed the Agreement. To opt out, you must send a written notification to Town + Country Resources, Inc., 816 Congress Ave. #800, Austin, TX 78701, Attn: Legal Department and with copy to Town +Country’s Director, Lindsey O’Connell, Lindsey.oconnell@tandcr.com, that includes (i) your full legal name, (ii) your address, (iii) your telephone number, (iv) your email address, (vi) the name of the Agreement and date of execution, and (v) a statement indicating that you wish to opt out of this Arbitration Agreement. Alternatively, you may send this written notification to legalnotices@care.com.
    2. Opting out of this Arbitration Agreement will not affect any other terms of the Agreement or any other terms contained in other terms that you agreed to with Town + Country.
    3. If you do not opt out as provided in this Section 6, continuing your relationship with Town + Country constitutes mutual acceptance of the terms of this Arbitration Agreement by you. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and the Agreement.
  7. Enforcement of This Arbitration Agreement.
    1. This Arbitration Agreement replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
  8.  You represent that you have read, understood and agree to the terms and conditions of this Arbitration Agreement.