IMPORTANT – PLEASE READ CAREFULLY

TERMS & CONDITIONS

Last Updated:   02/16/2026

Great American Property Management Products and all affiliated companies and brands (“we,” or “us”) provides this website, its constituent webpages, and related websites (together, the “Sites”), and sells products to consumers, all subject to your agreement to these Terms & Conditions, which are final. By using the Sites, purchasing products from us, and/or registering with us, you agree to be bound fully by the provisions below, without change, as are published at such time. Please see Section 9, below, for the effective date of these Terms & Conditions.

THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDE A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT IN SECTION 4 AND A CLASS ACTION AND JURY TRIAL WAIVER IN SECTION 4 AND SECTION 5. 

We recommend you print out a copy of these Terms & Conditions for your records and can download them here.  Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms & Conditions.

1. Privacy & Security

Please read our Privacy Policy which is incorporated into these Terms & Conditions and governs your use of the Sites. By visiting our Sites or purchasing products from us, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.

2. Product Descriptions

We work hard to be as accurate as possible. Errors will be corrected when discovered. If you are unhappy with your purchase or product, we will abide by any promises or agreements we made with respect to your transaction, including any guarantees and our product guidelines.   

3. Notice to California Residents – Proposition 65

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, We provide users of the Sites with the following notice:  You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

4. Legal Disputes – The Requirement to Arbitrate

On occasion, a third party may be necessary to help resolve Disputes (defined below) that may arise between you and us, and this Section of the Terms & Conditions (the “arbitration agreement”) limits you and us to arbitration before a single arbitrator (or small claims court in your jurisdiction of residence, if a Dispute qualifies) in all such instances.

YOU AND WE AGREE THAT ALL DISPUTES WHICH CANNOT BE SETTLED INFORMALLY CAN ONLY BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT, AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING OF ANY KIND.

In arbitration, there is no judge or jury, but the arbitrator has the authority to hear and resolve all Disputes and grant the same relief as a court. The results of one arbitration shall have no effect on any other Disputes between you and us and shall not be binding or given any weight in arbitrations involving Discount Balloons (discountballoons.com) and any other parties. Any court with proper authority and jurisdiction can enforce this arbitration agreement, including the Mass Arbitration rules (set forth below). Such court shall have the full authority to prevent the filing or continuation of any arbitration threatened or commenced in violation of this arbitration agreement, including to prevent or suspend the imposition of fees and costs.

A. GENERAL PROVISIONS

(1)   All Disputes Covered. The term "Disputes" shall be interpreted broadly to include, without limitation, any and all disputes, complaints, claims, and controversies of any kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including claims of erroneous sales tax collection), encompassing fully any involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.

(2)   All Persons and Entities Covered. This arbitration agreement extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or us, including those on whose behalf you use the Sites and Apps or obtain Services and those who use the Sites and Apps or obtain Services on your behalf. In addition, it is binding on the heirs, successors, agents, and assigns of you and us, as well as all corporations and other business entities related in any way to us or you (including, but not limited to, parents, subsidiaries, and sibling corporations).

(3)   Governing Law. This arbitration agreement is governed exclusively by the  Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws. You and we agree that this arbitration agreement involves interstate commerce under the FAA.

(4)   Opt-Out Rights. You have the right to opt out of this arbitration agreement by sending a written notice expressly stating “I opt out of the arbitration requirement” or words to that effect to: contactproperty@gabp.com, or by writing to us GABP Property Management Products /Legal,  Concord Park Dr. Houston TX 77040  within thirty (30) days after you first agree to these revised Terms. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us, nor does it eliminate or change any other rights or requirements of the Terms.

(5)   Mandatory Informal Settlement Process. Before initiating any arbitration or small claims court case, you and we must first participate in an informal settlement process as follows:

a. The party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim  Statement must include the Claimant’s full name, mailing address, email address, the date(s) on which the Dispute arose, a clear explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed monetary amount and how it was calculated. Claim Statements must be sent by email to us at contactproperty@gabp.com, or by certified mail,  return receipt requested to GABP Property Management Products /Legal 6701 Concord Park Dr. Houston TX 77040.

b. If the Claimant is represented by an attorney, the Claimant’s attorney  must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (the “Rule 11 Certification”). The Rule 11 Certification will be admissible in any arbitration or court proceeding related to or arising from the Claim Statement.

c. Once a properly completed Claim Statement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of sixty (60) days. All applicable statutes of limitations for the Dispute will be paused during this period.

d. Failure to complete in good faith this informal settlement process is a material breach of the arbitration agreement. Any arbitration or small claims court action commenced or filed by you or us shall state truthfully that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute if the requirements of the informal settlement process have not been satisfied as to that Dispute.

(6)   No Class Actions.

a. To the fullest extent allowed by law, and except as expressly permitted by the Mass Arbitration rules, below, you and we agree that all disputes must be resolved individually, and not via a class action or consolidated proceeding, even if the requirement to arbitrate is found to be unenforceable or inapplicable for any reason.

b. This means: (i) neither you nor we can file or participate in a class action, consolidated action, or representative action except as expressly allowed; (ii) an arbitrator cannot combine Disputes from multiple Claimants or oversee a consolidated, class, or representative action; and (iii) an arbitrator’s decision or award will apply only to a specific Claimant’s Dispute and no others. This section does not limit the relief available to you or us in individual arbitration or small claims court, nor does it restrict either party’s right to settle Disputes by mutual agreement, including through class-wide settlements.

(7)   Fees and Costs. You and we are responsible for our own costs and attorneys’ fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules. If an arbitrator finds that a Dispute was asserted or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or is frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the defending party to the fullest extent permitted by law and any applicable arbitration rules.

(8)   Changes. If we change this arbitration agreement after you last accepted the Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes to: contactproperty@gabp.com, or by writing to us GABP Property Management Products /Legal, 6701 Concord Park Dr. Houston TX 77040. The notice must include your full name, e-mail address and mailing address, and clearly state that you reject the arbitration agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the version of the arbitration agreement that was in effect when you last agreed to the Terms. The rejection of these changes shall have no effect on any other provisions of the Terms.

(9)   Improperly Commenced Arbitration. If either you or we believe the other party has started or is about to start an arbitration in violation of this arbitration agreement, you and we have the right to seek a court order to stop that arbitration (or Mass Arbitration), and that any arbitrations related to such a court action shall be stayed until the court action is concluded. The court shall have the authority to order the payment of costs and reasonable attorneys’ fees upon a finding that any arbitration was knowingly commenced in violation of this arbitration agreement.

(10)   Survival. The arbitration agreement will survive and remain in effect even after your relationship with us has ended.

(11)   Severability. Except to the limited extent expressly provided for in connection with Mass Arbitrations, if any part of the arbitration agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.

(12)   Delegation. Except as provided in connection with Mass Arbitration, all matters relating to the existence, scope, and enforceability of this arbitration agreement shall, to the fullest extent permitted by law, be decided in arbitration. This provision does not limit either party’s right to challenge in a court of competent jurisdiction an improperly threatened or commenced arbitration or court action.

(13)   Offer of Settlement. In any arbitration between you and us, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement but is under no obligation to do so. The offer amount and its terms will not be revealed to any arbitrator until after an award (including any dispositive decision) is made. If the award is less than the settlement offer or favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal fees, and costs incurred after the date of the offer as permitted by law and any governing arbitration rules.

(14)   AAA Arbitrations. If the American Arbitration Association (“AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration agreement (including as a result of any aspect of this arbitration agreement which does not meet with the AAA’s approval or the failure of either party to pay any invoice from the AAA), or otherwise finds that it cannot arbitrate a Dispute, you and we must negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in strict accordance with all of the requirements of this arbitration agreement. If no such agreement is reached, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance with all of the requirements of this arbitration agreement.

B. ARBITRATION RULES

The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration.

(1) Individual Arbitration Rules. All individual arbitrations (those asserted by a single individual or entity) shall be before a single arbitrator of the American Arbitration Association (AAA). Arbitrations involving consumers will be governed by this arbitration agreement and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol (available here: https://www.adr.org/consumer) in effect on the date when the Dispute arose. The Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased directly for personal or household use, and not goods

or services offered or purchased for any other use or purpose, including in support of a business, job, or profession, or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules (https://www.adr.org/commercial). If there is a conflict between this arbitration agreement and any applicable AAA rules and protocols, the terms of this arbitration agreement shall control. In any commercial arbitration commenced under this arbitration agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, as well as costs of collection. In any consumer arbitration, the prevailing party shall only be entitled to recover attorneys’ fees to the extent provided by law or as expressly provided for in this arbitration agreement, unless otherwise allowed by the arbitrator and consistent with the governing arbitration rules.

   a. Certain Consumer Disputes. For consumer arbitrations where Disputes (including counterclaims) are under $10,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules. However, the arbitrator may permit reciprocal, reasonable discovery (proportionate to the amount in Dispute and which does not impose undue cost or hardship on either of the parties), and may also allow a hearing by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is reasonable compared to the Dispute amount.
   b. Commencing An Individual AAA Arbitration. To begin an individual arbitration with the AAA, the informal settlement process outlined above must first be completed. Afterward, the Claimant must send a letter describing the Dispute, including any amount sought, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website (https://www.adr.org/Support). Arbitrations before other arbitral organizations shall be commenced pursuant to their ordinary rules.
   c. Attorney Certification. Any attorney representing a Claimant in an individual arbitration must sign, under oath or penalty of perjury, a Rule 11 Certification regarding the arbitration, which certification shall be included with any arbitration demand. This certification will be admissible in any arbitration or court proceeding relating to or arising from the Dispute, and the arbitrator shall have the authority to impose Rule 11 sanctions to the full extent permitted by governing arbitration rules.

(2) Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose to us an intention to file demands for arbitration raising substantially similar Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitration rules shall exclusively govern, to the exclusion of any other rules applying to mass arbitrations published by any arbitrator or arbitration organization (including the AAA).

a. Any dispute concerning whether any or all of these Mass Arbitration rules apply, or challenging the enforceability of any aspect of these Mass Arbitration rules, may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the event of any dispute concerning the enforceability of any or all of these Mass Arbitration rules in the absence of such a court determination.

b. Each Mass Arbitration Claimant must satisfy the informal settlement process set forth above before proceeding to arbitration, including the provision of a Rule 11 Certification from legal counsel. Lawyers representing Mass Arbitration Claimants shall further certify, under oath, that no other attorney represents any of the Mass Arbitration Claimants in connection with the Disputes sought to be arbitrated.

c. If the informal settlement process fails for any of the Mass Arbitration Claimants, counsel for the parties will each select up to three (3) Mass Arbitration Claimants (totaling no more than six (6), with an equal number selected by counsel for the Mass Arbitration Claimants and our counsel) for initial arbitrations which each will be decided under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants must be dismissed without prejudice before the bellwether arbitrations may commence.

d. All initial arbitrations must be completed within 120 days of their commencement unless otherwise agreed. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the initial arbitrations or during the subsequent mandatory mediation process described below.

e. After the initial arbitrations are resolved, the parties’ counsel will promptly participate in good faith in a non-binding, confidential mediation for at least 60 days seeking to resolve all remaining Disputes of Mass Arbitration Claimants. This mediation will be conducted in person by a mediator mutually agreed to by counsel for the parties.

f. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for those Disputes will be paused during informal above.

g. Mass Arbitration Claimants whose Disputes remains unresolved after the

mandatory mediation process required by these rules has been completed can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules depending on the Dispute amount, as set forth here (https://www.fairclaims.com/). Decisions from the initial arbitrations can be used in FairClaims arbitrations by Mass Arbitration Claimants for their persuasive value only but shall not be binding. Discovery obtained in the initial arbitrations may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.

h. Each of the requirements of these Mass Arbitration Rules are material and mandatory. If any of these requirements is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final Determination”), or if FairClaims is unable to handle unresolved Disputes, all unresolved Disputes between the Mass Arbitration Claimants and us shall be resolved in the state and federal courts of the State of Texas, and not through arbitration. Such cases shall be without a jury unless, under applicable law, recourse to a jury cannot be waived. We shall have the right to request such a case be removed to federal court if it so qualifies. If any court action commenced under this provision is pursued as a class action, the class shall be strictly limited to the Mass Arbitration Claimants who have satisfied the informal settlement process and whose disputes remain unresolved after participating in the mandatory mediation required by these rules.

i. A ruling that the Mass Arbitration rules or any aspect of them are invalid or unenforceable shall not affect the validity or enforceability of any other parts of this arbitration agreement or any other part of the Terms.

5.   Waiver of Litigation Rights

FOR THE AVOIDANCE OF DOUBT, IN THE EVENT THAT ANY CLAIMS BETWEEN US PROCEED IN A COURT OF GENERAL JURISDICTION, RATHER THAN IN ARBITRATION OR SMALL CLAIMS COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO ASSERT CLAIMS BY MEANS (OR AS PART) OF A CLASS ACTION. YOU FURTHER AGREE THAT SUCH LITIGATION SHALL BE ASSERTED IN THE STATE AND FEDERAL COURTS OF THE STATE OF TEXAS ONLY.

6. Intellectual Property Rights

The Sites contain trademarks, copy, and designs that are owned by us and may not be used by you without our prior written authorization in connection with the sale of products and services, or used in any manner that is likely to cause confusion among our customers or wrongfully disparages or discredits us.

7. Contact Information

You can contact us by email at contactproperty@gabp.com, by phone at 800-676-3979, or by mail at GABP Property Management Products, 6701 Concord Park Drive, Houston TX 77040. Please include information in your correspondence that will help us assist you with your inquiry or request, together with your name, email address, and mailing address.

8. Right To Consult An Attorney

You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and Conditions and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms & Conditions as provided for by the Sites, you represent that you understand their requirements and agree to be bound by them.

9. Effective Date & Supplemental Terms

This agreement was last updated on 02/16/2026 and applies to all uses, purchases, or registrations occurring after that date. Updates to these Terms & Conditions shall not apply retroactively. If any part of these Terms & Conditions is found to be unenforceable for any reason, it shall be removed and the remaining Terms & Conditions shall be fully enforceable.

 

IMPORTANT – PLEASE READ CAREFULLY

 

TERMS & CONDITIONS

 

Great American Property Management and all affiliated companies and brands (“we,” or “us”) provides this website, its constituent webpages, and related websites (together, the “Sites”), and sells products to consumers, all subject to your agreement to these Terms & Conditions, which are final. By using the Sites, purchasing products form us, and/or registering with us, you agree to be bound fully by the provisions below, without change, as are published at such time. Please see Section 9, below, for the effective date of these Terms & Conditions.

THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT IN SECTION 4, WHICH IS SET FORTH BELOW.

We recommend you print out a copy of these Terms & Conditions for your records, and can download them here[DS1] .  Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms & Conditions.

 

1.         Privacy & Security

 

Please read our Privacy Policy  which is incorporated into these Terms & Conditions and governs your use of the Sites. By visiting our Sites or purchasing products from us, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.

 

 

2.         Product Descriptions

 

We work hard to be as accurate as possible. Errors will be corrected when discovered. If you are unhappy with your purchase or product, we will abide by any promises or agreements we made with respect to your transaction, including any guarantees and our product guidelines.   

 

3.         Notice to California Residents – Proposition 65

 

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us prior to ordering if you have any questions regarding the safety of these products.

 

Pursuant to California Civil Code Section 1789.3, We provide users of the Sites with the following notice:  You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

 

4.         Legal Disputes – The Requirement to Arbitrate

 

We hold our relationship with customers in the highest regard.  We work hard to make things right with each and every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this agreement limits us to arbitration (or small claims court, if a claim qualifies) in all such instances.

 

WE AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

 

WE FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

 

This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under our direction, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and us, as well as our respective heirs, successors, and assigns.

 

You and we agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA.  This agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.

 

Arbitration Scope, Rules, and Requirements

There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms & Conditions as a court would.

The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and us. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.

The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.

This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of the Sites, your registration with the Sites, your purchase of or attempt to purchase products from us, and your communications with us.

The arbitrator also has the sole authority to and shall address all claims or arguments concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the Notice Address.  To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to:  Office of the President, our registered agent: Barbara de la Riva  The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You may also send a copy to the AAA online at https://www.adr.org.

If you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom.  Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

5.         Intellectual Property Rights

The Sites contain trademarks, copy, and designs that are owned by usand may not be used by you without our prior written authorization in connection with the sale of products and services, or used in any manner that is likely to cause confusion among our customers or wrongfully disparages or discredits us.

6.         Waiver of Litigation Rights

IN THE EVENT THAT ANY CLAIMS BETWEEN US PROCEED IN A COURT OF GENERAL JURISDICTION, RATHER THAN IN ARBITRATION OR SMALL CLAIMS COURT, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO ASSERT CLAIMS BY MEANS (OR AS PART) OF A CLASS ACTION. YOU FURTHER AGREE THAT SUCH LITIGATION SHALL BE ASSERTED IN THE STATE AND FEDERAL COURTS OF THE STATE OF TEXAS ONLY.

7.         Contact Information

You can contact us  by email at contactauto@gabp.com, by phone at 800-676-3979, or by mail at Great American Automotive Products, 6701 Concord Park Drive, Houston TX 77040. Please include information in your correspondence that will help us assist you with your inquiry or request, together with your name, email address, and mailing address.

8.         Right To Consult An Attorney

You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and Conditions and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms & Conditions as provided for by the Sites, you represent that you understand their requirements and agree to be bound by them.

9.         Effective Date & Supplemental Terms

This agreement was last updated on 12/19/2019 and applies to all uses, purchases, or registrations occurring after that date. Updates to these Terms & Conditions shall not apply retroactively. If any part of these Terms & Conditions is found to be unenforceable for any reason, it shall be removed and the remaining Terms & Conditions shall be fully enforceable.

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