Astral | Energy.

Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not to be bound by this arbitration provision by sending written notice of your decision to opt-out of Balance Your Life, LLC at info@OnThePlanetEarth.com.The written notice must be postmarked or emailed within thirty (30) days of the the later of the day noted or your initial log in to the Website, Client Form Application, and/ or service. Your written notification must include: (1)your name, (2)your physical postal address, and(3)a clear statement that you do not wish to resolve disputes with any BYL Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the BYL Entities also will not be bound by it. If you do not affirmatively elect to opt-out as described above, your use of the Website, Client Form Applications and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY BYL ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO info@OnThePlanetEarth.comTO GIVE THE BYL ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute.

Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the BYL Entity with which you have a Dispute elect(s) to resolve your Dispute through arbitration, the party initiating the arbitration proceeding must initiate it with JAMS, http://www.jamsadr.com. The terms of this Section govern in the event they conflict with the relevant JAMS rules described below.

Arbitration Procedures. Because the Website, the Applications and any Service involve interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitration shall be conducted by a single arbitrator. Except as otherwise provided in this Section, the arbitration shall be governed by the rules set forth in this Agreement and (1) for claims of less than $75,000, the arbitration shall be governed by the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated; and (2) for claims over $75,000, the arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (JAMS rules are available at http://www.jamsadr.com/ or by calling JAMS at 1-800-352-5267).

BYL, LLC shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless BYL, LLC is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the BYL Entities and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees and expert witness costs. The BYL Entities and you understand that, absent this mandatory arbitration provision, the BYL Entities and you would have the right to sue in court and have a jury trial. The BYL Entities and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated.

Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section 5 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any BYL Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.

Location of Arbitration. You or the BYL Entity with which you have a Dispute may initiate arbitration in either Broward County, Florida or the United States county in which you reside. In the event that you select the county of your United States residence, the BYL Entity with which you have a Dispute may transfer the arbitration to Broward County, Florida in the event that it agrees to pay any additional fees or costs you incur as a result of the change in the arbitration location as determined by the arbitrator.

Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the BYL Entity with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation. This Section shall survive any termination of this Agreement or the provision of any Service to you.

6. GOVERNING LAW AND JURISDICTION

THE PARTIES AGREE THAT THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND any BYL ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED exclusively BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT OF THE STATE OF FLORIDA IN AND FOR THE COUNTY OF BROWARD OR IN the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA.

7. MODIFICATION AND INTERRUPTION TO SERVICE