8.12 Opt-Out Procedure
| 8.12 Opt-Out Procedure |
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| You can choose to reject your agreement to arbitration (Section 8.5) and your waiver of the right to bring or participate in class or representative actions (Section 8.6) by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section 12. The Opt-Out Notice must be postmarked no later than 30 days; after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to PaWiggles 18121 E Hampden Ave Unit C #1251 Aurora, CO 80013. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and the class action waiver and must include your name, address, phone number, and the email address(es) used to register for the PaWiggles Service to which the opt-out applies. You must personally sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver. |
8.12 Opt-Out Procedure
| 8.12 Opt-Out Procedure Cont. |
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| If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with PaWiggles. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement; if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18. |
8.13 Future Changes to this Arbitration Agreement
| 8.13 Future Changes to this Arbitration Agreement |
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| Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against PaWiggles prior to the effective date of the change. Moreover, if PaWiggles terminates this Arbitration Agreement by removing it from these Terms; as a result, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against PaWiggles prior to the effective date of removal. |
8.14 Bellwether Arbitrations
For disputes arising in the United States. Also, if the disputes are in close proximity to one another. And there are 20 or more arbitration demands of a similar nature are asserted against; or on behalf of the same or related parties, the following procedures will apply:
| 8.14.a Bellwether Arbitrations |
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| On an individual basis you need to use JAMS to file demands and otherwise comply with all applicable filing requirements in this Arbitration Agreement. Including the pre-dispute resolution and personal-signature requirements in Sections 8.7 and 8.8. |
| 8.14.b Bellwether Arbitrations |
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| Claimants will collectively select 5 demands and respondents will collectively select 5 demands, for a total of 10 demands, for the disputes to be under “Bellwether Arbitrations.” These Bellwether Arbitrations will be individually arbitrated, as otherwise provided by this Arbitration Agreement. The parties will work in good faith with the arbitrators to complete each Bellwether Arbitration within 120 days of its initial pre-hearing conference. |
| 8.14.c Bellwether Arbitrations |
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| The remaining demands not selected as Bellwether Arbitrations; will not be arbitrated (or otherwise litigated in any venue) except as provided in Section 8.14.(e). JAMS will immediately place any such matters on administrative suspension (or, alternatively, terminate the proceedings). As a result, no party will be responsible for paying any filing or administrative fees in connection with the demand. However, this only applies until the suspension is no longer in place. Or, under Section 8.14(e) the demand is in effect again. A demand that is subject to this paragraph will be tolled as of the date when filed. However, this is only the case when any statutes of limitations are applicable to a demand. |
8.14 Bellwether Arbitrations
| 8.14.d Bellwether Arbitrations |
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| Within 60 days of the completion of the Bellwether Arbitrations (unless the parties agree to a lengthier period), all parties will engage in good faith in a non-binding global mediation of all remaining demands. Unless the parties agree on a mediator, the mediator will be appointed by JAMS and have experience in the underlying subject matter of the disputes. PaWiggles will pay the mediator’s fee. Notwithstanding Section 8.10, the mediator may be provided the results of the Bellwether Arbitrations; in order to facilitate a resolution of all or some of the remaining demands. Counsel for all parties must immediately present to their clients any final settlement offers emanating from the mediation. |
| 8.14.e Bellwether Arbitrations |
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| If the parties are unable to resolve all or some of the remaining demands within 90 days of the completion of the Bellwether Arbitrations (unless the parties agree to a lengthier period), JAMS will lift the administrative suspensions (or reinstate the terminated proceedings) for the unresolved demands only, and the unresolved demands will proceed in individual arbitration as otherwise provided by this Arbitration Agreement. However, any party to an unresolved demand may, upon reasonable notice to the opposing party, opt out of the arbitration process and proceed in court on that unresolved demand. Any unresolved demands that proceed in court under this paragraph may do so in class or representative proceedings (subject to applicable law), notwithstanding any contrary provisions in this Arbitration Agreement. For the avoidance of doubt, the right to proceed in court under the preceding sentence applies only to the unresolved demands that were; filed and subjected to the protocols set forth in this Section 8.14. |
8.14 Bellwether Arbitrations
| 8.14.f Bellwether Arbitrations |
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| The parties agree that the protocols set forth in this Section 8.14, are designed to achieve a few things. For example, an overall faster, more efficient and less costly mechanism for resolving a large number of similar arbitrations demands. The protocols set forth in this Section 8.14 also include the demands of claimants who had not been a part of a Bellwether Arbitration. Due to the selection not being of those claimants for Bellwether Arbitration. |
| 8.14.g Bellwether Arbitrations |
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| The parties may seek relief from a court of competent jurisdiction to enforce this Section 8.14 |
9. Governing Law and Jurisdiction.
| 9.1. Governing Law and Jurisdiction. |
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| For users in the United States, these Terms, and any dispute between you and PaWiggles, will be governed by the laws of the State of Colorado and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 8.4 (the Arbitration Agreement). Unless you and PaWiggles agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and PaWiggles must be resolved exclusively by a state or federal court located in the State of Colorado, and you and PaWiggles agree to submit to the personal jurisdiction of the courts located within Denver, Colorado for the purpose of litigating all such claims or disputes. |
