Creating Homes
Built for Life
One Project at a Time

1. Agreement to Terms of Service

By accessing the Home Comfort Ideas website (the "Site"), submitting a service request, receiving a quote, or entering into a service agreement with Home Comfort Ideas ("Company," "we," "us," or "our"), you affirm that you have read, understood, and unconditionally agree to be bound by these Terms of Service ("Terms"), our Privacy Policy (incorporated herein by reference as if fully set forth), and all applicable federal, state, and local laws and regulations. If any provision of these Terms is unacceptable to you, you must immediately cease using the Site and refrain from engaging our services. These Terms constitute a legally enforceable agreement between you ("Customer," "you," or "your") and Home Comfort Ideas , a limited liability company organized under the laws of the State USA, with its principal place of business at 4276 Michael Street Sugar Land, TX 77478 . We reserve the right to amend these Terms at any time by posting the revised version on the Site with an updated effective date; your continued use of the Site or services after such posting constitutes acceptance of the amended Terms.

2. Description of Services Offered

Home Comfort Ideas USA provides a comprehensive suite of residential home improvement and property services across the United States. Our current service offerings encompass: interior design consultation, space planning, material specification, furniture procurement, and full-room styling implementation; exterior design including landscaping architecture, hardscape installation, outdoor kitchen construction, deck and patio building, siding replacement, and facade renovation; home decor advisory services covering furniture curation, textile selection, art procurement, window treatment design, and accessory styling; bathroom remodeling ranging from cosmetic refreshes to complete gut renovations including custom tile work, plumbing relocation, electrical upgrades, heated flooring systems, custom vanity construction, and smart fixture integration; kitchen remodeling including custom cabinetry design and fabrication, countertop fabrication and installation, appliance specification and integration, island construction, pantry organization systems, and plumbing and electrical modifications; fire and safety system installation including hardwired and battery-backed smoke detectors, carbon monoxide alarms, residential fire sprinkler systems, fire extinguisher mounting and inspection, and emergency egress pathway compliance evaluation; solar photovoltaic system design, permitting, installation, grid interconnection, battery energy storage integration, monitoring system setup, and federal and state tax credit facilitation; home warranty plans providing coverage for major home systems (HVAC, plumbing, electrical) and appliances with defined service call fees, coverage limits, and transferability provisions; residential roofing services including asphalt architectural shingle installation, standing-seam metal roofing, flat roof TPO/EPDM systems, cedar shake roofing, complete tear-off and replacement, storm damage repair, and roof inspection and certification; gutter system installation including seamless aluminum gutters, copper gutters, micro-mesh and reverse-curve gutter guards, downspout extensions, underground drain connections, and rainwater harvesting integration; and home security system design, equipment procurement and installation including smart cameras, motion and glass-break sensors, smart locks, video doorbells, alarm panels, and 24/7 professional monitoring coordination with platforms including Ring, ADT, SimpliSafe, Google Home, and Apple HomeKit. Service availability may vary by geographic region based on licensing, permit requirements, and crew deployment logistics.

3. Service Agreements, Proposals, and Contracts

No billable work shall commence until both parties have executed a written Service Agreement specific to the proposed project. The Service Agreement shall supersede all prior discussions, proposals, emails, and verbal representations and shall include at minimum: a comprehensive scope of work describing every task to be performed in sufficient detail for unambiguous interpretation; a materials specification schedule listing each product by brand, model or grade, quantity, unit cost, and total cost; a pricing structure specifying either a fixed total price, a not-to-exceed maximum, or a time-and-materials rate with a guaranteed maximum cost; a projected timeline with scheduled start date, intermediate milestone completion dates, and target completion date; a payment schedule detailing deposit percentage, progress payment triggers tied to specific milestones, and final payment due date and conditions; warranty terms distinguishing between workmanship warranty and manufacturer product warranty, including duration, coverage scope, claim procedures, and exclusions; change order procedures requiring written documentation and dual-party signature before any modified work proceeds; cancellation and termination rights and associated fees for each party; and dispute resolution procedures including negotiation, mediation, and binding arbitration provisions. Verbal agreements are expressly non-binding unless confirmed in a written amendment signed by an authorized Home Comfort Ideas representative.

4. Pricing Structure, Deposits, and Payment Obligations

All prices stated in proposals and Service Agreements are denominated in United States Dollars (USD) and are exclusive of applicable sales tax, use tax, permit fees, HOA approval fees, impact fees, inspection fees, and utility connection charges unless the Agreement explicitly states that such costs are included. Written price quotations remain valid for thirty (30) calendar days from the date of issuance, after which they may be revised due to material cost fluctuations, labor rate changes, or regulatory fee adjustments. An initial deposit of twenty-five to fifty percent (25%–50%) of the total project value is required upon Service Agreement execution to secure scheduling priority and initiate material procurement. Progress payments become due upon achievement of the milestones specified in the payment schedule and must be remitted within five (5) business days of the milestone notification. Final payment is due upon substantial completion, defined as the point at which the work is sufficiently complete for the Customer to occupy and use the premises for its intended purpose, minus any documented punch list items that do not materially affect use or safety. Accepted payment methods include personal checks (subject to clearance), cashier's checks, ACH electronic bank transfers, and major credit cards (Visa, Mastercard, American Express, Discover). Financing is available through approved lending partners under separate loan agreements between the Customer and the lender — Home Comfort Ideas is not a lender and does not extend credit directly. Payments overdue by more than fifteen (15) days accrue a late charge of one and one-half percent (1.5%) per month (18% per annum) on the outstanding balance. Home Comfort Ideas reserves the right to suspend work for accounts thirty (30) or more days overdue without waiving any other rights or remedies available under law or equity.

5. Cancellation Rights, Refund Policy, and Termination

You may cancel a Service Agreement without penalty or obligation within three (3) business days of signing, consistent with the Federal Trade Commission's Cooling-Off Rule (16 CFR § 429) and any applicable state home solicitation sale cancellation statutes. Thereafter, cancellation fees apply as follows: cancellation more than fourteen (14) days before the scheduled start date — 10% administrative fee deducted from the deposit; cancellation seven (7) to fourteen (14) days before start — 20% fee; cancellation less than seven (7) days before start but before material procurement — 30% fee; cancellation after materials have been ordered from suppliers — deposit forfeiture plus the actual invoiced cost of all materials ordered that cannot be returned for credit; and cancellation after physical work has commenced — treated as termination for convenience requiring payment for all completed work at the contract rate, plus all materials delivered to the site, plus a reasonable crew redeployment charge equal to 10% of the remaining uncompleted work value. Refunds due upon cancellation will be processed and delivered within thirty (30) business days via the Customer's original payment method or by company check. Home Comfort Ideas may terminate the Agreement for Customer's material breach (including non-payment, failure to provide access, or interference with work) upon ten (10) business days' written notice specifying the breach; if the breach remains uncured, Home Comfort Ideas may terminate and the Customer shall owe for all work completed and materials delivered.

6. Warranty Terms, Conditions, and Exclusions

Home Comfort Ideas USA provides an industry-leading ten (10) year workmanship warranty ("Warranty") on all labor and installation services performed by our employees, effective from the date of substantial completion as documented in the mutual project sign-off form. The Warranty covers defects in workmanship that manifest under normal use and with reasonable maintenance, including but not limited to: improper material installation resulting in functional failure, defective joint or seam fabrication, water infiltration attributable to installation error rather than material failure, electrical or plumbing connections that fail under normal operating conditions, and structural attachments that fail due to improper fastening techniques. The Warranty explicitly excludes: damage resulting from Customer misuse, abuse, negligence, accident, or unauthorized modification or alteration of the completed work; normal wear and tear including surface scratches, fading, minor settling, and cosmetic deterioration; defects in materials or products that are covered under separate manufacturer warranties (which Home Comfort Ideas will assist in registering and filing claims for, but which are the manufacturer's sole responsibility); damage caused by third parties, vermin, insects, mold, or fungi not attributable to our workmanship; damage resulting from natural disasters, acts of God, extreme weather events, or other circumstances beyond reasonable human control; damage arising from the Customer's failure to perform maintenance as described in the post-project care guide provided at completion; and issues that are cosmetic in nature and do not impair the functional performance of the installed work. To initiate a Warranty claim, contact warranty@homecomfortideas.info with photographs and a description within thirty (30) days of discovering the alleged defect. Home Comfort Ideas will schedule an inspection within ten (10) business days and, if the claim is valid, perform corrective repairs at no cost within thirty (30) business days, barring material availability delays beyond our control.

7. Permits, Code Compliance, and Regulatory Obligations

Home Comfort Ideas USA is responsible for obtaining all building permits, electrical permits, plumbing permits, mechanical permits, roofing permits, solar permits, fire system permits, and any other approvals required by the applicable local jurisdiction (city, county, parish, or township) for the work described in the Service Agreement, unless the Agreement expressly delegates this responsibility to the Customer. All work shall be executed in strict conformance with the applicable edition of the International Building Code (IBC), International Residential Code (IRC), National Electrical Code (NEC/NFPA 70), National Fire Protection Association standards (NFPA 13, 72, 101 as applicable), International Mechanical Code (IMC), International Plumbing Code (IPC), and all state and local amendments thereto, as well as all zoning ordinances, deed restrictions, and HOA covenants, conditions, and restrictions (CC&Rs). Should our crew encounter pre-existing code violations, concealed hazardous conditions (asbestos-containing materials, lead-based paint, structural deficiencies, improper wiring, corroded plumbing), or conditions that deviate materially from the assumptions underlying our estimate, we will immediately cease work in the affected area, provide written notification with photographic documentation, and present a separate estimate for the necessary remediation work. The Customer may accept or decline the remediation estimate, but work in the affected area cannot lawfully or safely proceed until code compliance is achieved.

8. Property Access, Site Preparation, and Customer Obligations

The Customer shall provide Home Comfort Ideas's employees and authorized vehicles unobstructed access to the work area and reasonable parking proximity during the agreed-upon work schedule (typically 7:00 AM to 6:00 PM local time, Monday through Saturday, unless otherwise specified). The Customer is solely responsible for: removing all personal belongings, furniture, appliances, window treatments, wall decorations, floor coverings, and any other movable items from the work zone prior to the scheduled start date ( Home Comfort Ideas can arrange professional packing and temporary storage at additional cost if requested in writing at least five business days before start); relocating all pets to an area separate from the work zone during working hours; ensuring all utilities (electricity, water, natural gas) are active and accessible as required for construction activities; disclosing the presence of any known hazardous materials (asbestos, lead paint, mold, radon) before work begins; securing any required HOA architectural review committee approvals or neighborhood association notifications before work commences; maintaining clear access for material delivery trucks, dumpster placement, and crew vehicles; and notifying Home Comfort Ideas of any alarm systems, sprinkler systems, or access codes that our crew needs to know about. Home Comfort Ideas's failure to receive adequate site access on the scheduled start date may result in rescheduling and associated delay charges of $250 per business day, at Home Comfort Ideas's discretion.

9. Delays, Change Orders, and Force Majeure Provisions

All project timelines communicated in proposals, Service Agreements, and project schedules are good-faith estimates based on typical conditions and are not guaranteed completion dates. Delays may result from: material supply chain disruptions including manufacturer backorders, shipping delays, or allocation restrictions; permit processing timelines that exceed standard expectations; adverse weather conditions preventing outdoor work, material delivery, or safe crew operations; discovery of concealed conditions not visible or detectable during the initial estimate (hidden water damage, structural deterioration, outdated wiring, non-code-compliant prior work); Customer-requested modifications handled through the formal change order process; building department inspection scheduling delays; and crew unavailability due to illness, injury, or emergency. Any modification to the original scope of work, materials, timeline, or budget — whether initiated by the Customer or necessitated by field conditions — must be documented on a Home Comfort Ideas Change Order form, signed by both parties, before any modified work proceeds. The Change Order shall specify: the nature and rationale for the change, the cost impact (increase, decrease, or no change), the timeline impact (days added or removed), and any revised warranty implications. Neither party shall bear liability for failure or delay in performance caused by a force majeure event, defined as any circumstance beyond the reasonable control of the affected party, including: earthquakes, hurricanes, tornadoes, floods, wildfires, landslides, or other natural disasters; epidemics, pandemics, or public health emergencies; government actions including executive orders, moratoriums, mandatory shutdowns, or material embargoes; labor disputes, strikes, or workforce shortages affecting our operations or our suppliers; supply chain disruptions including factory closures, port congestion, raw material shortages, or transportation failures; acts of terrorism, war, or civil unrest; and prolonged utility outages or communication infrastructure failures. The affected party must provide prompt written notice of the force majeure event and its anticipated duration, and the project timeline shall be extended by a commercially reasonable period equivalent to the delay caused.

10. Limitation of Liability and Disclaimer of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WITHOUT BEING DEEMED UNCONSCIONABLE OR UNENFORCEABLE, Home Comfort Ideas'S AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE AGREEMENT, THE SERVICES PERFORMED, OR ANY OTHER INTERACTIONS BETWEEN THE PARTIES — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS), STRICT LIABILITY, WARRANTY, INDEMNITY, CONTRIBUTION, OR ANY OTHER LEGAL OR EQUITABLE THEORY — SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY Home Comfort Ideas FROM THE CUSTOMER FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM. IN NO EVENT WHATSOEVER SHALL Home Comfort Ideas BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER Home Comfort Ideas WAS ADVISED OF THEIR POSSIBILITY, OR WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SUCH EXCLUDED DAMAGES INCLUDE BUT ARE NOT LIMITED TO: LOSS OF USE OR ENJOYMENT OF THE HOME OR ANY PORTION THEREOF; LOSS OF RENTAL INCOME, REVENUE, OR BUSINESS OPPORTUNITY; ADDITIONAL LIVING EXPENSES INCLUDING TEMPORARY HOUSING, MEALS, AND STORAGE; LOSS, DAMAGE, OR DESTRUCTION OF PERSONAL PROPERTY, FURNISHINGS, OR CONTENTS; EMOTIONAL DISTRESS, ANXIETY, INCONVENIENCE, REPUTATIONAL HARM, OR LOSS OF PRIVACY; DIMINUTION IN PROPERTY VALUE OR IMPAIRMENT OF MARKETABILITY; AND ANY DAMAGES AWARDED BY A JURY THAT ARE CHARACTERIZED AS PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL IN NATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE EXCLUSION MAY NOT APPLY IN FULL TO YOU, BUT SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification and Hold Harmless Obligations

The Customer agrees to indemnify, defend, and hold harmless Home Comfort Ideas and its members, managers, officers, directors, employees, agents, and authorized representatives from and against any and all losses, damages, costs, expenses (including reasonable attorneys' fees, expert witness fees, and court costs), liabilities, judgments, and settlements arising out of or connected to: any breach or alleged breach of any representation, warranty, covenant, or obligation contained in these Terms or the Service Agreement by the Customer; any misrepresentation regarding property ownership, authority to authorize work, or the condition of the property; any failure to disclose known hazardous materials, environmental contamination, structural deficiencies, or code violations; any injury to persons or damage to property caused by conditions in non-work areas that are within the Customer's control; any dispute between the Customer and a third party (neighbor, HOA, tenant, lender, insurer) arising from or related to the project; any unauthorized modification, alteration, or repair of Home Comfort Ideas's completed work performed by the Customer or a third party not authorized by Home Comfort Ideas; and any claim that materials, designs, or specifications provided or selected by the Customer infringe upon the intellectual property rights of any third party.

12. Intellectual Property Ownership and Usage Rights

All content displayed on the Home Comfort Ideas website — encompassing text, copy, narratives, graphics, logos, logotypes, icons, illustrations, photographs, images, video content, audio content, software code, HTML/CSS/JavaScript, database structures, page layouts, visual compositions, color palettes, typography selections, interface designs, and the overall aesthetic and look-and-feel — is the proprietary intellectual property of Home Comfort Ideas or is used under valid license from the original creator, and is protected under United States copyright law (17 U.S.C. §§ 101–810), the Lanham Act for trademark protection (15 U.S.C. §§ 1051–1141n), the Digital Millennium Copyright Act (17 U.S.C. §§ 512, 1201–1205), and applicable international intellectual property treaties and conventions. The "Home Comfort Ideas" name, the hammer logo, and all related trade names, service marks, product names, taglines, and design elements are trademarks and service marks of Home Comfort Ideas. You may not reproduce, distribute, publicly display, publicly perform, modify, adapt, create derivative works from, decompile, reverse-engineer, download, store in a retrieval system, or transmit any Site content without prior written authorization, except for transient copies automatically created by your web browser during normal use or a single printed copy for your personal, non-commercial reference. Design renderings, floor plans, 3D visualizations, and other creative works prepared by Home Comfort Ideas for a specific project remain the intellectual property of Home Comfort Ideas until full and final payment is received, at which point a perpetual, non-exclusive, non-transferable license to use such works solely in connection with the specific property is granted to the Customer.

13. Website Use Rules and Prohibited Conduct

By accessing and using the Home Comfort Ideas website, you unconditionally agree that you will not: use the Site for any purpose that is unlawful, fraudulent, deceptive, or in violation of any applicable federal, state, local, or international law or regulation; attempt to gain unauthorized access to any portion of the Site, its servers, databases, APIs, or connected systems through hacking, password cracking, credential stuffing, SQL injection, cross-site scripting, or any other exploit or vulnerability; deploy any automated agent, robot, spider, scraper, crawler, or other programmed mechanism to access, index, extract, copy, or reproduce any portion of the Site or its content without express written permission; introduce, transmit, or attempt to introduce any malware, viruses, worms, trojans, ransomware, spyware, adware, rootkits, keyloggers, logic bombs, or other malicious, harmful, or destructive code into the Site or its infrastructure; interfere with, disrupt, impair, overload, or compromise the proper functioning, availability, security, or integrity of the Site, its servers, or its connected networks; impersonate any person or entity or fraudulently misrepresent your affiliation, authorization, or identity; submit, post, upload, or transmit any content that is defamatory, libelous, slanderous, obscene, pornographic, profane, threatening, abusive, harassing, discriminatory, hateful, or otherwise objectionable or unlawful; attempt to reverse-engineer, decompile, disassemble, or derive source code from any software component used on the Site; use the Site to transmit unsolicited bulk email, spam, chain letters, or pyramid schemes to other users or third parties; circumvent, disable, interfere with, or bypass any content filtering, access control, security, or copy protection mechanism implemented on the Site; or collect or harvest personal information about other Site visitors without their knowledge and consent. Home Comfort Ideas reserves the right to restrict, suspend, or permanently terminate your access to the Site immediately and without prior notice for any actual or suspected violation of these usage rules, without incurring any liability to you.

14. User-Generated Content, Reviews, and Testimonials

If you submit, post, or provide reviews, testimonials, ratings, before-and-after photographs, project descriptions, comments, suggestions, or other content ("User Content") to our website, social media pages, third-party review platforms, or any other channel — whether at our invitation, solicitation, or on your own initiative — you hereby grant Home Comfort Ideas a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid-up, unconditional, sublicensable, and transferable license and right to use, reproduce, modify, adapt, edit, translate, publish, distribute, publicly display, publicly perform, broadcast, create derivative works from, and otherwise exploit your User Content in any and all media, formats, channels, and technologies, whether now known or hereafter invented, for any purpose whatsoever including but not limited to: marketing materials, advertising campaigns, website content, social media posts, email newsletters, printed brochures and collateral, video productions, case studies, trade show displays, sales presentations, and public relations materials. You represent, warrant, and covenant that: you are the sole owner of all rights in the User Content or have obtained all necessary rights, permissions, releases, and consents from all persons depicted or identifiable in the User Content to grant the licenses described herein; the User Content is truthful, accurate, and not misleading in any material respect; the User Content does not and will not infringe, violate, or misappropriate any third party's copyright, trademark, patent, trade secret, right of publicity, right of privacy, moral right, or any other intellectual property or personal right; and you forever release, acquit, and discharge Home Comfort Ideas and its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, actions, causes of action, liabilities, damages, judgments, and expenses (including attorneys' fees) arising out of or related to the use of your User Content as authorized herein.

15. Dispute Resolution, Binding Arbitration, and Governing Law

THESE TERMS, THE SERVICE AGREEMENT, AND ANY DISPUTE WHATSOEVER ARISING OUT OF OR RELATING TO THEM — INCLUDING BUT NOT LIMITED TO CONTRACT FORMATION, PERFORMANCE, BREACH, INTERPRETATION, ENFORCEABILITY, TERMINATION, TORT CLAIMS (INCLUDING NEGLIGENCE), STATUTORY CLAIMS, AND ANY OTHER COMMON LAW OR EQUITABLE CLAIMS — SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE USA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES OR ANY OTHER JURISDICTION'S CHOICE OF LAW RULES THAT MIGHT DIRECT THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND Home Comfort Ideas USA EACH IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH GOOD-FAITH NEGOTIATION BETWEEN THE PARTIES WITHIN THIRTY (30) DAYS OF ONE PARTY PROVIDING WRITTEN NOTICE OF THE DISPUTE TO THE OTHER SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES) UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (OR, IF THE PARTIES MUTUALLY AGREE, UNDER THE AAA COMMERCIAL ARBITRATION RULES). THE ARBITRATION SHALL BE CONDUCTED IN USA OR AT ANOTHER MUTUALLY AGREED LOCATION WITHIN THE UNITED STATES. THE ARBITRATOR SHALL BE A RETIRED JUDGE OR A LICENSED ATTORNEY WITH NO FEWER THAN FIFTEEN (15) YEARS OF EXPERIENCE IN CONSTRUCTION LAW, CONTRACT LAW, OR COMMERCIAL LITIGATION, SELECTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY OR RELIEF THAT WOULD BE AVAILABLE FROM A COURT OF COMPETENT JURISDICTION, INCLUDING SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF. THE ARBITRATOR'S DECISION AND AWARD SHALL BE FINAL, BINDING, AND NON-APPEALABLE, EXCEPT FOR LIMITED REVIEW UNDER THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 10–11) OR THE USA UNIFORM ARBITRATION ACT (ORS § 36.600–36.740). THE AWARD MAY BE ENTERED AND ENFORCED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. EACH PARTY SHALL BEAR ITS OWN ATTORNEYS' FEES, EXPERT WITNESS FEES, AND OTHER COSTS OF ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THAT A PARTY'S CLAIM, DEFENSE, OR POSITION WAS FRIVOLOUS, BAD FAITH, OR BROUGHT FOR AN IMPROPER PURPOSE, IN WHICH CASE THE ARBITRATOR MAY AWARD REASONABLE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO PREVENT IRREPARABLE HARM, INCLUDING BUT NOT LIMITED TO THE UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION OR THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITHOUT FIRST SUBMITTING THE MATTER TO ARBITRATION. YOU AND Home Comfort Ideas ACKNOWLEDGE AND AGREE THAT EACH IS WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. IF ANY PORTION OF THIS ARBITRATION SECTION IS FOUND TO BE UNENFORCEABLE, INVALID, OR VOID BY A COURT OF COMPETENT JURISDICTION, THEN THE UNENFORCEABLE PORTION SHALL BE SEVERED AND THE BALANCE OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT, AND THE DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE REMAINING PROVISIONS.