Terms of Service

13. SCHEDULING, TIMELINE, AND DELAYS

Project Timeline: All project timelines, start dates, and estimated completion dates provided by ZonaBrush Painting Inc are good-faith estimates based on our current workload, crew availability, material availability, weather conditions, and the scope of work as understood at the time of scheduling. We will make commercially reasonable efforts to adhere to the estimated timeline, but timelines are not guarantees and are subject to change.

Factors Affecting Timeline: Project timelines may be affected by factors including but not limited to:

Weather conditions (rain, extreme heat, high winds, freezing temperatures, or other conditions that make exterior painting unsafe or impractical)

Material delays, shortages, or supply chain disruptions

Unforeseen site conditions or hidden damage discovered during the project

Change Orders or modifications to the scope of work requested by the customer

Delays in obtaining necessary permits, inspections, or approvals from regulatory authorities or homeowners' associations (HOAs)

Delays caused by the customer (such as failure to provide site access, failure to prepare the site as required, or unavailability for required approvals or inspections)

Equipment failures, crew illness, or other circumstances beyond our reasonable control

Customer-Caused Delays: Delays originating from the customer, including but not limited to failure to provide property access during scheduled work hours, failure to prepare the site as outlined in these Terms or the service agreement, unavailability for required consultations or approvals, or failure to make timely payments, may result in:

Rescheduling of the project to a later date based on crew availability

A rescheduling fee of up to one hundred fifty dollars ($150.00) to cover costs associated with crew downtime and rescheduling logistics

Extension of the project timeline

In cases of repeated or prolonged delays, termination of the service agreement in accordance with Section 22 (Cancellation and Termination)

Weather Delays: Exterior painting projects are highly dependent on favorable weather conditions. We will not perform exterior painting work in conditions that compromise safety, quality, or proper curing of coatings, including but not limited to rain, high humidity, extreme temperatures, high winds, or freezing conditions. Weather delays will not result in penalties or fees, and the project timeline will be extended as necessary to account for weather-related stoppages.

Notice of Delays: We will make reasonable efforts to notify you promptly of any anticipated delays and to provide you with a revised estimated completion date. We appreciate your patience and understanding when delays occur due to factors beyond our control.

No Liability for Delays: ZonaBrush Painting Inc shall not be liable for any damages, losses, costs, or expenses arising from delays in project commencement or completion, regardless of cause, except in cases of gross negligence or willful misconduct on our part.

14. MATERIALS, COLORS, AND PRODUCT SELECTION

Premium Materials: We are committed to using high-quality paints, coatings, primers, and materials as specified in your written estimate or proposal. Unless otherwise specified, we use premium products from trusted manufacturers such as Sherwin-Williams, Dunn-Edwards, and other industry-leading brands known for their durability, color retention, and performance in Arizona's climate.

Material Specifications: The specific brand, product line, finish (flat, eggshell, satin, semi-gloss, gloss), and any specialty coatings (such as elastomeric, epoxy, anti-static, low-VOC, or zero-VOC coatings) will be clearly identified in your written estimate or proposal. If you have preferences or requirements for specific products, brands, or finishes, please communicate these to us during the estimation process.

Color Selection and Approval: You (the customer) are responsible for providing final approval of all paint colors, stains, finishes, and textures before work begins. We offer color consultation services to assist you in selecting colors that complement your property, lighting conditions, and design preferences.

Color Variations: Please be aware that actual paint colors may vary slightly from color chips, samples, digital renderings, or photographs due to factors including:

Lighting conditions (natural daylight vs. artificial lighting, time of day, seasonal variations)

Surface texture, porosity, and substrate material

Number of coats applied

Application method (brush, roller, spray)

Angle of viewing and surrounding colors

We strongly recommend that you review and approve color samples applied to the actual surface in the actual lighting conditions of your property before full application begins. Once you have approved a color and we have commenced painting, we cannot be held responsible for any dissatisfaction with the color choice, and repainting due to customer color changes will be considered a Change Order subject to additional charges.

Material Substitutions: In the event that specified materials become unavailable due to supply chain issues, manufacturer discontinuation, or other factors beyond our control, we reserve the right to substitute comparable or superior materials of equal or greater quality and value. We will make reasonable efforts to notify you of significant material substitutions and to obtain your approval before proceeding whenever possible.

Product Warranties: Many paint and coating products come with manufacturer warranties covering defects in the product itself (such as premature peeling, blistering, or fading under normal conditions). These manufacturer warranties are separate from our workmanship warranty (see Section 19) and are subject to the terms and conditions set by the manufacturer. We will provide you with manufacturer warranty information and documentation where applicable.

Customer-Provided Materials: If you choose to provide your own paint, coatings, or materials for the project, you assume all responsibility for the quality, suitability, quantity, and compatibility of those materials. We cannot warranty work performed with customer-provided materials, and we reserve the right to refuse to use any materials that we deem unsuitable, incompatible, or unsafe. Any delays or additional costs resulting from issues with customer-provided materials will be your responsibility.

15. HEALTH, SAFETY, AND COMPLIANCE

Commitment to Safety: ZonaBrush Painting Inc is committed to maintaining the highest standards of health, safety, and regulatory compliance on every project. We comply with all applicable federal, state, and local laws, regulations, and industry standards, including Occupational Safety and Health Administration (OSHA) regulations, Environmental Protection Agency (EPA) regulations, and Arizona state safety and building codes.

OSHA Compliance: We follow OSHA safety standards and best practices for construction and painting operations. Our crew members are trained in safe work practices, proper use of personal protective equipment (PPE), fall protection, ladder safety, scaffold safety, hazard communication, and other OSHA-required safety protocols. Our supervisors hold OSHA 30-Hour Construction Safety Training certifications, and our crew members maintain OSHA 10-Hour or equivalent safety training.

Site Safety: Customers are responsible for providing a safe working environment, including:

Ensuring that the work area is free from known hazards, unstable structures, or dangerous conditions

Providing access to safe electrical outlets, water sources, and adequate ventilation

Notifying us of any known hazards, including but not limited to asbestos, lead paint, mold, structural deficiencies, underground utilities, or other health and safety concerns. Keeping children, pets, and unauthorized persons away from the work area during all phases of the project

Hazardous Materials: If we encounter or suspect the presence of hazardous materials such as lead-based paint (common in homes built before 1978), asbestos, mold, or other regulated substances during the course of work, we will immediately cease work in the affected area and notify you. Remediation, abatement, or specialized handling of hazardous materials requires licensed specialists and is not included in our standard services. We will not proceed with work in affected areas until proper remediation has been completed by qualified professionals and we have received documentation of clearance.

Lead-Safe Practices: For projects involving properties built before 1978 (when lead-based paint was banned for residential use), we follow EPA Lead-Safe Work Practices and may require lead testing or lead-safe renovator procedures. If lead-based paint is confirmed or suspected, additional precautions, containment measures, and specialized disposal procedures will be required, which may result in additional costs. You will be notified of any lead-related requirements and costs before work begins.

Personal Protective Equipment (PPE): Our crew members use appropriate personal protective equipment for all work, including but not limited to safety glasses, respirators or dust masks when required, gloves, protective clothing, hearing protection, and fall protection equipment when working at heights. We maintain clean, professional uniforms and ensure that our team presents a professional appearance on your property at all times.

Dust Control and Air Quality: We implement dust control measures, containment systems, and ventilation practices to minimize airborne dust, paint fumes, and volatile organic compound (VOC) emissions, particularly in occupied spaces and sensitive environments such as data centers. We use low-VOC or zero-VOC paints and coatings whenever possible to promote healthier indoor air quality.

Fire Safety: We follow fire safety protocols on all job sites, including proper storage and handling of flammable materials, prohibition of smoking in work areas, use of fire-resistant drop cloths and coverings, and ensuring that all spray equipment and electrical tools are properly grounded and maintained.

Insurance and Bonding: ZonaBrush Painting Inc maintains comprehensive general liability insurance, workers' compensation insurance, and contractor bonds as required by Arizona law. Proof of insurance and bonding is available upon request. You are not responsible for injuries to our employees or damages caused by our operations, provided that such injuries or damages are not caused by your negligence, failure to disclose known hazards, or failure to provide a safe work environment.

16. WARRANTY ON WORKMANSHIP AND SERVICES

Limited Workmanship Warranty: ZonaBrush Painting Inc stands behind the quality of our work. We offer a two-year (2-year) limited workmanship warranty on all labor and application work performed by our crew. This warranty covers defects in workmanship, including but not limited to:

Peeling, blistering, or flaking of paint or coatings caused by improper surface preparation or application technique

Visible brush marks, roller marks, or application inconsistencies that do not meet industry standards for quality

Failure of paint to properly adhere to the substrate when proper surface preparation and priming procedures were followed

Other defects directly attributable to our workmanship or application methods

Warranty Period: The workmanship warranty begins on the date of substantial project completion (as documented in the final inspection and sign-off) and extends for a period of three (3) years from that date for interior work and may extend to five (5) years for certain exterior projects when premium coatings and application methods are specified in the service agreement.

Warranty Exclusions: This workmanship warranty does NOT cover:

Normal wear and tear, fading, or degradation due to normal aging, exposure to sunlight (UV radiation), weather conditions, or the passage of time

Damage caused by improper maintenance, lack of maintenance, or failure to follow recommended maintenance procedures provided to you

Damage caused by external factors including but not limited to water infiltration, leaks, moisture intrusion, structural movement, settling, foundation issues, or building envelope failures

Damage caused by acts of God, severe weather events, fire, vandalism, accidents, or other events beyond our control

Damage caused by alterations, modifications, or repairs made by others after project completion

Surfaces or substrates that were not properly maintained, were in poor condition at the time of painting, or that have deteriorated due to underlying structural or material defects

Failures or defects in materials or products supplied by the customer or specified by the customer against our recommendation

Color fading, chalking, or changes in sheen or gloss level, which are normal characteristics of paint aging and not defects in workmanship

Defects in materials or products themselves (which are covered by manufacturer warranties, not our workmanship warranty)

Cosmetic imperfections or minor variations that are within industry-accepted tolerances and do not affect the protective function of the coating

Warranty Claims Process: To make a claim under this warranty:

Contact us in writing (email to [email protected] or mail to our address) within the warranty period, describing the issue and providing photographs if possible

Allow us reasonable access to the property to inspect the claimed defect

Provide documentation of proper maintenance and care of the painted surfaces if requested

Cooperate with our investigation and any corrective work required

Warranty Remedy: If we determine that a claimed defect is covered under this warranty, our sole obligation and your exclusive remedy will be, at our option:

To repair or repaint the affected area(s) using comparable materials and methods, or

To refund a pro-rated portion of the cost of the affected work based on the time elapsed in the warranty period

We will not be responsible for costs or damages beyond the direct cost of repair or repainting of the affected area, including but not limited to consequential damages, relocation costs, loss of use, or economic losses.

Transferability: This warranty is non-transferable and applies only to the original customer who contracted for the services. The warranty does not transfer to subsequent owners of the property.

Manufacturer Warranties: This workmanship warranty is separate from and in addition to any warranties provided by manufacturers of paints, coatings, or materials. Manufacturer warranties are governed by the manufacturer's terms and conditions, not by these Terms of Service.

17. LIMITATION OF LIABILITY

Property Damage Exclusions: ZonaBrush Painting Inc is not liable for damage to landscaping, outdoor surfaces (such as driveways, walkways, patios, or decks), vehicles, or any items, belongings, or fixtures not removed from the work area before the project commences, unless such damage is directly caused by our gross negligence or willful misconduct.

We make reasonable efforts to protect your property and belongings during the course of work by using drop cloths, plastic sheeting, masking tape, and other protective measures. However, you acknowledge and agree that you are responsible for removing or adequately protecting all personal belongings, valuables, fragile items, electronics, artwork, furniture, fixtures, and other items from the work area before work begins.

Pre-Existing Conditions: We are not responsible for issues, defects, or damage arising from pre-existing conditions that were not visible, discoverable, or disclosed during the estimate or site assessment, including but not limited to hidden rot, mold, water damage, structural defects, substrate failures, or code violations. If such conditions are discovered during the course of work, we will notify you and provide a Change Order proposal for any additional work required to address such conditions.

Maximum Liability: To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims, losses, damages, costs, and expenses arising out of or related to the Services, these Terms, or any service agreement, whether based on contract, tort (including negligence), strict liability, warranty, or any other legal theory, shall not exceed the total amount actually paid by you to ZonaBrush Painting Inc for the specific services that are the subject of the claim.

Exclusion of Consequential Damages: Under no circumstances (including negligence) shall ZonaBrush Painting Inc or any of the Indemnified Parties be liable to you or anyone else for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

Loss of profits, revenue, business, or business opportunities

Loss of use or enjoyment of property

Cost of substitute services or goods

Relocation costs, temporary housing costs, or storage costs

Business interruption or operational downtime

Loss of data, information, or goodwill

Personal injury (including death) or property damage of any kind or nature whatsoever, except to the extent directly caused by our gross negligence or willful misconduct

This exclusion applies even if we have been advised of the possibility of such damages.

Force Majeure: We shall not be liable for any delay, failure in performance, loss, damage, or other consequence resulting directly or indirectly from any event of force majeure or other cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, riots, strikes, labor disputes, equipment and technical failures, electrical power failures or fluctuations, natural disasters (earthquakes, floods, fires, hurricanes, severe weather), governmental actions or restrictions, orders of domestic or foreign courts or tribunals, pandemics, epidemics, public health emergencies, supply chain disruptions, shortages of labor or materials, or non-performance of third parties.

Website and Digital Services Disclaimer: Under no circumstances shall we or any of the Indemnified Parties be liable for any delay or failure in performance of the Website or digital Services, or for any damages whatsoever (including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages, lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of the Website or Services, any websites linked to the Website, or the materials, information, or services contained at any or all such websites, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

State-Specific Limitations: Some states or jurisdictions do not allow the exclusion or limitation of certain damages, warranties, or liabilities. If such laws apply to you, some or all of the foregoing disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Third-Party Services: We are not responsible for any incompatibility between the Website or Services and any third-party site, service, software, or hardware. We are not liable for any delay or failure you may experience with any transmission or transaction related to third-party websites or services.

18. INDEMNIFICATION

Your Indemnification Obligation: You hereby agree to indemnify, defend, and hold harmless ZonaBrush Painting Inc and all Indemnified Parties from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees, legal costs, settlement costs, and court costs) arising out of or related to:

Your use or misuse of the Website or Services

Your breach or alleged breach of these Terms of Service, any service agreement, or any applicable law or regulation

Your violation of any rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights

Any User-Generated Content you submit, post, or transmit through the Website or Services

Your negligence, willful misconduct, or illegal activities

Your failure to provide a safe working environment, failure to disclose known hazards, or failure to fulfill your responsibilities under these Terms or any service agreement

Any false or misleading information you provide to us

Any damage to property, injury to persons, or other harm caused by your actions or omissions in connection with the Services

Cooperation in Defense: You shall use your best efforts to cooperate with us in the defense of any claim subject to indemnification, including providing us with assistance, without charge, as we may request. This includes providing us with information, documents, records, and reasonable access to you as we deem necessary.

Our Control of Defense: We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third-party claim, admit liability, or waive any defense without our prior written consent.

Survival: This indemnification obligation shall survive the termination or expiration of these Terms and any service agreement.

19. MESSAGING TERMS & CONDITIONS (SMS/TEXT MESSAGING)

Opt-In to Text Messaging: By providing your mobile phone number and opting into our text messaging program (whether through our Website, forms, QR codes, or verbally), you expressly consent to receive text messages (SMS/MMS) from ZonaBrush Painting Inc. Your consent is not required as a condition of purchasing any goods or services.

Message Frequency and Content: Message frequency varies and may depend on your interactions with us. Messages may include but are not limited to:

Appointment confirmations, reminders, and scheduling notifications

Project updates, timeline changes, and completion notifications

Estimate or proposal information

Marketing, promotional offers, and special announcements

Transactional messages related to your service or account

Customer service communications and responses to your inquiries

Opt-Out Procedure: You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. Once you send the STOP message, we will send you a confirmation message to acknowledge your opt-out request, and no further messages will be sent unless you opt back in. You may also contact us directly at (480) 420-9088 or [email protected] to opt out.

Help and Support: For assistance with text messaging, reply HELP to any message or contact us at (480) 420-9088 or [email protected].

Message and Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan. You are responsible for any charges imposed by your mobile carrier for receiving text messages. Please check with your carrier for details.

Supported Carriers: Our text messaging service is available for users on major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

Device and Authorization: You confirm that you are the owner or authorized user of the mobile device used to opt in and that you are authorized to consent to receive text messages at that number.

Privacy and Data Sharing: We do not share your SMS opt-in data, phone number, or text message content with third parties for their marketing purposes. Your information is used solely for the purposes described in these Terms and our Privacy Policy. Please refer to our Privacy Policy for more information on how we collect, use, and protect your personal information.

Service Availability and Disclaimer: Text messaging services are provided "as is" and are available only in the United States. We are not liable for delays, failures, or non-delivery of messages due to factors beyond our control, including but not limited to carrier service outages, network congestion, device compatibility issues, or your device settings. Carriers are not responsible for delayed or undelivered messages.

Changes to Messaging Terms: We may update, modify, or suspend the text messaging service or these messaging terms at any time with or without notice. Any material changes will be communicated to you via text message or other appropriate means.

20. DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION & CLASS ACTION/JURY TRIAL WAIVER ("ARBITRATION AGREEMENT")

Mandatory Individual Arbitration of Disputes: You and ZonaBrush Painting Inc agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Services, any service agreement, any estimate or proposal, or any other aspect of our relationship, including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms or this Arbitration Agreement, or the arbitrability of the dispute, claim, or controversy (collectively, "Disputes"), whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure outlined below, will be resolved solely by binding, individual arbitration in accordance with this Arbitration Agreement and not in a court of law in any jurisdiction and not in a class, collective, representative, mass, or consolidated action or proceeding.

Governing Law of Arbitration Agreement: You and we agree that the U.S. Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., governs the interpretation, applicability, enforceability, and formation of this Arbitration Agreement and these Terms, including any claim that all or any part of this Arbitration Agreement is void or voidable, notwithstanding any choice of law or other provision in these Terms. It is the intent of the parties that the FAA shall preempt all state laws to the fullest extent permitted by law. If the FAA is 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 Arizona without regard to its conflict of laws provisions.

Arbitrator Authority: You and we further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement or these Terms. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Exceptions to Arbitration: Notwithstanding this agreement to arbitrate, you and we each retain the right to:

Bring an individual action in small claims court if the claim qualifies and remains in small claims court

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

Class Action / Jury Trial Waiver: YOU AND WE AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE PROCEEDING, MASS ACTION, OR CONSOLIDATED PROCEEDING OF ANY KIND. Unless both you and we agree in writing, you and we may bring claims against the other only in your or its individual capacity, and not as a plaintiff, class member, or participant in any purported class, collective, consolidated, or representative proceeding.

Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative, class, collective, or mass proceeding, unless both you and we agree in writing.

Severability of Class Action Waiver: If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class, collective, representative, or mass basis, then the entirety of this Arbitration Agreement shall be null and void in its entirety, and the Dispute shall be resolved in court in accordance with Section 21 (Governing Law and Jurisdiction) below. In such case, you and we shall be deemed not to have agreed to arbitrate Disputes.

Informal Dispute Resolution Procedure: In the event of a Dispute, you and we each agree to first attempt to resolve the matter informally before initiating arbitration. To initiate the informal dispute resolution process, either party must send the other party a written notice of Dispute ("Notice of Dispute") that includes:

The name, address, phone number, and email address of the party giving notice

A detailed description of the facts giving rise to the Dispute

The specific relief requested, including the amount of any monetary damages claimed

You must send any Notice of Dispute by mail to:
ZonaBrush Painting Inc
Attn: Legal/Dispute Resolution
PO Box 318, Laveen, AZ 85339

Or by email to: [email protected]

We will send any Notice of Dispute to you at the email address or mailing address we have on file for you, if any.

After a Notice of Dispute is received, you and we agree to attempt to resolve the Dispute through informal negotiation in good faith for a period of thirty (30) days. This informal negotiation period is a mandatory prerequisite to initiating arbitration. After the end of that 30-day period and not before, either you or we may commence an arbitration proceeding as set forth below. Notwithstanding the foregoing, the right to bring an individual action in small claims court shall not require an attempt to first resolve the Dispute through informal negotiation.

Arbitration Rules and Procedures: If the parties cannot resolve the matter informally within 30 days, you and we each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules or Commercial Arbitration Rules (as appropriate based on the nature of the Dispute), including any supplementary procedures then in effect (collectively, the "AAA Rules"), except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Location of Arbitration: The arbitration shall take place in Maricopa County, Arizona, or another mutually agreed location (including by telephone, videoconference, or other remote means if both parties agree). The arbitration will be before one arbitrator.

Initiating Arbitration: A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. A form for initiating arbitration proceedings is available on AAA's website at www.adr.org.

Arbitration Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Arbitration Agreement. For claims under $75,000, ZonaBrush Painting Inc will reimburse you for your filing fee and will pay the arbitrator's fees and AAA's administrative fees, unless the arbitrator finds your claims to be frivolous. Each party will bear its own attorneys' fees and costs unless the arbitrator awards fees and costs to the prevailing party as permitted by law or these Terms.

Arbitrator's Decision: The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may award any relief that a court could award, including attorneys' fees and costs when authorized by law or contract, but the arbitrator may award such relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Mass Filings: In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are submitted for arbitration (a "Mass Filing"), the parties agree that AAA (or a mutually agreed arbitration provider) shall administer the demands in batches to facilitate efficient resolution. This batch approach shall not be interpreted as authorizing class, mass, collective, or representative arbitrations of any kind. Each individual claim shall be arbitrated separately in accordance with this Arbitration Agreement. If any court or arbitrator determines that this Mass Filing provision is void or unenforceable, then the Arbitration Agreement shall be deemed null and void in its entirety.

Survival: This Arbitration Agreement shall survive the termination or expiration of these Terms and any service agreement.

Changes to Arbitration Agreement: Notwithstanding the provisions of Section 24 ("Changes to Terms") below, if we change any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective Date" above. The written notice must be provided either by mail to PO Box 318, Laveen, AZ 85339 or by email to [email protected]. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Opt-Out Procedures: You can choose to reject this Arbitration Agreement entirely by sending us a written opt-out notice ("Opt-Out Notice") within thirty (30) days following the date you first agree to these Terms. The Opt-Out Notice must be sent by mail to:

ZonaBrush Painting Inc
Attn: Arbitration Opt-Out
PO Box 318, Laveen, AZ 85339

Or by email to: [email protected]

If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, phone number, email address, and signature, and must clearly state your intent to opt out of this Arbitration Agreement.

If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you, and any Disputes will be resolved in court in accordance with Section 21 (Governing Law and Jurisdiction) below. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.