If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Web Site Terms And Conditions Of Use

ARTFUL HOME offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. ARTFUL HOME reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by ARTFUL HOME.

Personal & Noncommercial Use

The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to ARTFUL HOME that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions of use.

No Warranties

Use the website at your own risk. This website is provided to you "as is," without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. ARTFUL HOME makes no warranty that any content contained on this website satisfies any applicable government law, regulation or requirement. Neither ARTFUL HOME nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of ARFTUL HOME. ARTFUL HOME reserves the right to change or discontinue at any time any aspect or feature of the website.

Exclusion of Liability

Under no circumstances, including negligence, shall ARTFUL HOME or anyone else involved in creating, producing, storing or distributing the website be liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including, without limitation, lost profits, and damages arising from lost data or business interruption) arising out of or in any way connected with use of the website, delay or inability to use the website, or for any information, software, products or services obtained through the website, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. You specifically agree that no licensor, supplier or information provider to ARTFUL HOME or its affiliates, officers, directors, employees or agents, or any of their successors or assigns, shall have any liability to you for any reason or under any theory whatsoever, based upon the information provided on or through the website. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold ARTFUL HOME , its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the ARTFUL HOME site, or any content, product or service offered through the ARTFUL HOME site, in a manner that violates or is alleged to violate these Terms and Conditions. ARTFUL HOME shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links & Advertisements

The Website may contain hyperlinks to websites offered by parties other than ARTFUL HOME. Such hyperlinks are provided for your reference and convenience only. ARTFUL HOME does not control such other Websites and is not responsible for their content; nor does ARTFUL HOME’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this website, ARTFUL HOME does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this website.

Linking

Unless you are subsequently advised otherwise by ARTFUL HOME, you are hereby licensed to create hyperlinks to the content on the website, provided that the hyperlink accurately describes the content as it appears on the website. ARTFUL HOME reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the website or any of its content or copy portions of the website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.

Software Available On Web Site

Any software that is made available to download from this Website is the copyrighted work of ARTFUL HOME and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, ARTFUL HOME hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by ARTFUL HOME in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Artful Home’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Artful Home hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA’s Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ARTFUL HOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ARTFUL HOME AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A R EPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Artful Home are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Artful Home, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

SMS Terms & Conditions

Find additional information below.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the ARTFUL HOME site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of ARTFUL HOME. Violation of this provision may result in severe civil and criminal penalties. You may make single copies of materials displayed on the website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ARTFUL HOME or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:

ARTFUL HOME
Attn: Legal Department
2911 Packers Ave
Madison WI, 53704
e-mail: info@artfulhome.com

Trademarks/Service Marks

The following are federally registered trademarks of Artful Home, LLC: "Artful Home," "Artful," "Artful Jewelry," "The Guild," and "The Guild Registered." The following are common-law trademarks of Artful Home, LLC: "Guild," "guild.com," "artfulhome.com," "Direct from the artist’s studio," and "Art for Life. For Home. Forever."

Copyright Infringement

ARTFUL HOME will not tolerate copyright infringement of any kind. ARTFUL HOME does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the website infringes your copyright, you may seek to have the material removed by sending ARTFUL HOME notice that includes all of the following information:

• Your full name, address and telephone number
• Your e-mail address
• Identification of the copyrighted work(s) that you believe is being infringed
• Identification of the infringing material and information sufficient for ARTFUL HOME to locate the material
• Your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
• Your physical or electronic signature

Direct such notice to ARTFUL HOME designated agent for receiving copyright infringement notices:

ARTFUL HOME
Attn: Legal Department
2911 Packers Ave
Madison WI 53704
e-mail: info@artfulhome.com

Upon receipt of notice complying with the above requirements, ARTFUL HOME will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the website.

If ARTFUL HOME removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying ARTFUL HOME's designated agent in writing and including the following information:

• Your full name, address and telephone number
• Your e-mail address
• Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
• Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• Your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Wisconsin District Court (which has jurisdiction for ARTFUL HOME’s location), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
• Your physical or electronic signature

Upon receipt of a notice meeting the above requirements, ARTFUL HOME will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, ARTFUL HOME will replace or enable access to the removed material unless ARTFUL HOME receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to ARTFUL HOME and/or the copyright owner or Website user.

Termination of Privileges

ARTFUL HOME reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms and Conditions of use. If ARTFUL HOME receives notice or otherwise discovers that you have breached any of these Terms and Conditions of use or the Privacy Policy, ARTFUL HOME may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the website.

General

These Terms and Conditions (including the Privacy Policy also on this site, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and ARTFUL HOME with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. ARTFUL HOME reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by ARTFUL HOME. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

The website is controlled and operated by ARTFUL HOME from its principal office in the State of Wisconsin, United States of America. ARTFUL HOME makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject ARTFUL HOME to the laws or jurisdiction of any state, country or territory other than the State of Wisconsin and the United States of America.

Pricing

The prices displayed are in U.S. currency and are subject to change at any time without notice.

Errors And Inaccuracies

The ARTFUL HOME team works tirelessly to ensure that our content is as accurate as possible. However, as we are all human, sometimes against our best efforts, there might be occasional typographical errors, incorrect availability messaging, or pricing errors. We reserve the right to correct these errors, and all information is subject to change at any time without notice.

User-Generated Content

User-generated content (ie: product reviews) used for publication may have been edited for length and/or clarity.

Photography

The ARTFUL HOME team makes a great effort to provide our customers with images that most accurately represent our products. Online, colors may vary due to your monitor’s display, brightness, and resolution. In print, colors may vary due to ink and printing processes. Also, due to the handcrafted, one-of-a-kind nature of our products, the item you receive may have slight variances when compared to the one pictured.

 

Legal

Copyright

Copyright © 2025 Artful Home, LLC All rights reserved. All website contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by Artful Home, LLC and its suppliers. You may use it as a shopping resource, its intended use, when you shop with us, but not otherwise, and may not make full or partial copies except as specifically permitted in the order instructions about printing out your order for reference.

Trademarks

The following are federally registered trademarks of Artful Home, LLC: "Artful Home," "Artful," "Artful Jewelry," "The Guild," and "The Guild Registered." The following are common-law trademarks of Artful Home, LLC: "Guild," "guild.com," "artfulhome.com," "Direct from the artist’s studio," and "Art for Life. For Home. Forever."

Warranties and Product Warnings

Upon request, we shall send you any warranties or other product information provided to us by the artists. Under certain circumstances, the materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the artist. If the product information contains warnings about risks of this type, you assume all responsibility for such use. For example, not all decorative objects can be used for eating and/or drinking; some are only for display and viewing pleasure. We at Artful Home, LLC make no warranties whatsoever in regard to the artwork nor do we prepare or provide product information beyond that provided by the artist.

Disclaimer

THIS SITE IS PROVIDED BY Artful Home, LLC ON AN "AS IS" BASIS. Artful Home, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Artful Home, LLC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Artful Home, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Digital Millennium Copyright Act (DMCA) Policy and Notification

Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider's website. Artful Home, LLC (hereinafter Artful Home, we, us or ours) has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to Artful Home.

How to report a claim of infringement

If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on this site or through Artful Home as an online service provider, you must notify our designated agent. Section 512 (c)(3)(A) requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider (that's us) to contact the complaining party (that's you), such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent's investigation of your claim.

Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) Artful Home will undertake to have the disputed material removed from public view. We will also notify the user who posted the allegedly infringing material that we have removed or disabled access to that material. Artful Home has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.

Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution.

How to make a counter notification

If you are an Artful Home user and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):

• A physical or electronic signature of the subscriber (that's you);
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Artful Home is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.

It is Artful Home's policy to terminate users who are found to be repeat infringers.

Artful Home's designated agent is Mike Rosera.

By mail:
Artful Home, LLC
Attn: Mike Rosera
2911 Packers Ave
Madison, WI 53704

By email: copyright@artfulhome.com

 

SMS Terms & Conditions

Mobile Terms & Conditions

Artful Home offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders by SMS message (the "Service") on 58542. Customers may also sign up to receive order and shipping notifications by SMS message (the "Service") on 1-833-945-5459. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Artful Home reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

• Authorize Artful Home to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-877-223-4600 or email us at info@artfulhome.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 58542, your message frequency may vary. You may receive alerts about:

• Sale promotions
• Event information
• Product launch announcements
• Cart reminders

Once you affirm your choice to opt-in to the Service on 1-833-945-5459, your message frequency may vary. You may receive alerts about:

• An order has been placed
• An order has been shipped
• An order has been delivered

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Artful Home may add or remove any wireless carrier from the Service at any time without notice. Artful Home and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Artful Home, text the word STOP to 58542 or 1-833-945-5459 at any time or reply STOP to any of the text messages you have received from Artful Home. This is the exclusive method for opting out. After texting STOP to 58542 or 1-833-945-5459, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 58542 or 1-833-945-5459. This will provide you with our phone number (1-877-223-4600) and an email to customer service (info@artfulhome.com). You can also contact us at Artful Home, 2911 Packers Ave, Madison, WI 53704.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Artful Home’s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Artful Home hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ARTFUL HOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ARTFUL HOME AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and Artful Home are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Artful Home, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.