Privacy Policy, Terms of Use and Loyalty Rewards Terms and Conditions

Terms & Conditions

By participating in the program, you agree to accept all versions of the program terms and conditions and acknowledge that you have read, understand, and consent to the privacy policy.

Gene Juarez Loyalty Rewards  Terms And Conditions

These terms and conditions ("Gene Juarez loyalty rewards terms and conditions") include a class action waiver and require binding arbitration on an individual basis to resolve disputes. Details are set forth below. If you choose to participate in loyalty rewards by redeeming loyalty points, these terms and conditions form a binding contract between you and Highlights Salons, LLC ("Gene Juarez"). By participating in the program, you agree to accept these loyalty rewards terms and conditions and acknowledge that you have read, understand, and consent to the privacy policy, which is incorporated into, and part of this contract. The Gene Juarez privacy policy describes how we collect, use, and share information. Your continued participation in the program after we make changes to the program or to these terms and conditions signifies your acceptance of such changes. Gene Juarez reserves the right to update or modify these loyalty rewards terms and conditions at any time without prior notice. Those changes will go into effect on the last updated date shown in the revised loyalty rewards terms and conditions. For this reason, we encourage you to review the loyalty rewards terms and conditions whenever you visit our website. 

The Gene Juarez Loyalty Rewards Program (the "Program") is offered exclusively by Gene Juarez (also referred to as "we," "our," or "us"). Members (also referred to as "you," and "your," redeeming rewards in the Program agree to be bound by these Program Terms and Conditions ("Program Rules"), as they may change from time to time.

All Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, Gene Juarez may at any time amend, modify, supplement, or terminate the Program, these Program Rules, the structure for earning rewards, create or edit reward levels, even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If notice of such action is required by law, it will be provided in accordance with such laws. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. In all matters relating to the administration of the Program, the decisions of Gene Juarez will be final. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control. 

We reserve the right to cancel or suspend your participation in the Program in the event of fraud, abuse of rewards privileges, violation of these Program Rules or any applicable laws, or at our discretion. Any rewards points in your account will become void at the time of cancellation. We may revoke some or all of your rewards points if we determine that you received them due to an error, through fraud or deception, or in any manner not authorized.

Members are responsible for reading, understanding, and remaining knowledgeable of the Program Rules, any program rule changes, account statements, available benefits and rewards, the Gene Juarez Privacy Policy, and other communications from Gene Juarez in order to understand your rights, responsibilities, and status in the Program. If a member has questions about the Program or these Program Rules, the member should contact Gene Juarez Guest Relations at (425) 748-1462 or at loyalty@GeneJuarez.com.

Members are responsible for any tax liability related to participation in the Program.

Eligibility and Enrollment

The term "member" as used herein collectively refers to Gene Juarez customers who wish to redeem rewards points.

Your email address is your unique membership identifier and must be associated with your Gene Juarez account to earn points on eligible purchases. Because we use your mobile number and email address to identify you as a guest and member and to notify you of Program benefits, you must ensure that both are accurate and current.

Corporations, groups, current Gene Juarez employees and associations are not eligible to participate in the Program.

All eligible retail, gift card and service purchases from Gene Juarez award points to the guest account associated with the invoice, which convert to $10 rewards for each 50 point accrual.  By redeeming loyalty rewards after accepting the Terms and Conditions, you agree to be bound by these Terms and Conditions. Gene Juarez may deny membership in the Program to anyone in its sole discretion and without written notice. Program points and rewards are nontransferable unless expressly stated otherwise. Any such attempt to transfer or assign shall be null and void. Upon the death of a member, the member's account will be closed and any benefits or rewards in the account will be forfeited.

Privacy

Any personal information you provide to Gene Juarez in connection with the Program will be handled in accordance with the Gene Juarez Privacy Policy, available at https://GeneJuarez.com/pages/privacy-and-terms-of-use. When you enroll in the Program and provide us your email address, you are opting in to receiving marketing emails from us. You may update your marketing email preferences at any time. See the Gene Juarez Privacy Policy for more information on how to do so. Please note that even if you opt out of receiving marketing messages, you will continue to receive transactional and service-related messages from us regarding the Program.

Eligibility

General Program Eligibility: Any guest of Gene Juarez who makes qualifying retail, gift card or service purchases and who accepts these Terms and Conditions is eligible to earn loyalty  points.

Employees: Gene Juarez employees are not eligible to participate in the rewards program. 

Benefits of Membership

Members will receive exclusive benefits in the form of rewards, including points ("points"), services, event access, and other rewards as determined and offered by Gene Juarez from time to time. Generally, communication regarding the Program, your Program account, benefits, and promotions will be sent via email. Because Program communications are Generally sent via email, you are responsible for ensuring we have the most recent and accurate email. Gene Juarez is not responsible for communications, offers, or rewards sent to out-of-date email addresses.

Earn Points

To receive points when shopping at Gene Juarez locations you must self-identify by booking your appointment with the correct account in advance, connected to your email address of record.

Base Points: You will receive 1 point for every $10 spent on qualifying services, gift card and retail purchases. 

Bonus Points: From time to time, Gene Juarez will offer the opportunity to earn bonus points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Certain services, brands, and products may be excluded and/or limit promotional bonus points opportunities. Generally, you will be notified of any bonus point promotions by email.

Calculation Of Points: For purchases made at Gene Juarez locations, points are calculated based on the net purchase amount of qualifying spend rounded down to the nearest $10 increment. The net purchase amount is the spend amount after returns, discounts, taxes, shipping, tips, and any amounts redeemed in rewards or Gene Juarez promotional (bonus) Gift Cards have been deducted. Points received for items that are returned will be deducted from your points balance.

Purchases That Do Not Qualify for Points: You will not earn points at Gene Juarez locations for purchases of: Membership monthly charges, membership services and upgrades, training model services, event tickets and services, no show and cancellation policy charges, series package purchases, charitable donations, retail bag fees, state and local taxes, shipping and handling, tips/gratuities. Purchases paid for with gift cards will not earn points for the amount of the gift card redeemed.  Online purchases at GeneJuarez.com will Generally qualify for rewards points when the purchase is for qualifying retail items. Special promotions or offers may include additional exclusions and will be disclosed within the promotion or offer terms.

Rewards Redemption Exclusions: You may not redeem rewards at Gene Juarez locations or online for purchases of: membership monthly charges, membership services and upgrades, gift cards, training model services, event tickets and services, no show and cancellation policy charges, series package purchases, charitable donations, retail bag fees, state and local taxes, shipping and handling, tips/gratuities, and online retail purchases.

Expiration: All points will expire on a rolling basis 12 months after credited to your account.

Earn Rewards Points

Upon reaching certain point accumulation thresholds, you will be eligible to redeem rewards.

Standard Points: Each time you accumulate 50 points, you will be credited with a $10 reward. Threshold and timing of the requirements to redeem rewards may vary from time to time. Gene Juarez may choose to offer the opportunity to earn Bonus reward points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Generally, you will be notified of any Bonus promotions or when you have rewards points available for use via email. Bonus rewards points are different and distinct from the rewards points and may have a shorter expiration date, as indicated in the promotion or other materials related to earning bonus rewards points.

When you redeem rewards points to make a purchase, the value of the rewards redeemed will be applied against the total purchase price, including applicable taxes and fees. Restrictions apply as set out herein and in promotional materials. 

Important Note: Points and rewards have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in points, and these rewards collected do not constitute property. The use of the word "earn" or similar language in marketing materials in relation to the Program does not imply that the points have any value prior to conversion or redemption. Points may not be purchased or sold and are not transferable except as otherwise stated herein.

Additional Terms Of Participation

Severability

If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

Gene Juarez's failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Gene Juarez from exercising any legal rights or remedies that it may have.

Headings

The headings for each of these Program Rules are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Program Rules.

Complete Understanding

These Program Rules and the Privacy Policy referenced herein constitute the entire understanding between you and Gene Juarez with respect to the Program 

Errors or Inconsistencies

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

Limitations of Liability and Damages

Except as otherwise expressly provided, the program and all products and services are provided on an "as is" basis. Gene Juarez disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose and those arising out of a course of dealing or usage of trade. Gene Juarez does not warrant that the program will be uninterrupted or error free.

Your participation in the program is at your own risk. Neither Gene Juarez nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your participation in or inability to participate in the program.

You agree to indemnify, defend and hold harmless Gene Juarez, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these terms and conditions.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior twelve (12) months or (b) ten dollars ($10). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Program Rules are governed by the laws of the State of Washington, without regard to any conflict of law provisions. Any action relating to the Program or any transaction with Gene Juarez must be brought in the state or federal courts located in Seattle, Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Please contact our Guest Relations at (425) 748-1462 if you have a dispute regarding the Program.

If we are unable to resolve to your satisfaction any dispute you might have related to the Program, then you may begin an arbitration proceeding as provided below.

Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)

For purposes of this Section (Dispute Resolution), "Gene Juarez," "we," and "our" shall include Transom Highlights Holdings Corporation, Highlights Salons, LLC, and its past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class, collective, or representative claim or action in arbitration and litigation, and the right to certain remedies and forms of relief. Other rights that you or Gene Juarez would have in court, such as appellate review, also may not be available in arbitration.

Arbitration Agreement

Binding Individual Arbitration. Any claim, controversy, or dispute arising out of or relating to these Terms, your access or Use of our Site or any products or Services offered by or purchased from Gene Juarez through our Site or store, or any aspect of your relationship with Gene Juarez, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, ("Dispute") will be resolved through binding individual arbitration as set forth in this Mandatory Dispute Resolution Section, except (a) either you or Gene Juarez may initiate a Dispute in or take a Dispute to small claims court so long as it isn't removed or appealed to a court of General jurisdiction and (b) as otherwise expressly provided herein. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and our relationship with you. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.

The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. A court of competent jurisdiction shall have the limited and non-exclusive authority to decide if a Dispute is time-barred under contractual or statutory limitations periods or that the filing of a demand for arbitration has been authorized by the claimant. These Terms and its arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Gene Juarez agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

Mandatory Informal Dispute Resolution Process. If you and Gene Juarez have a Dispute, you and Gene Juarez agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any transaction(s) and account(s) at issue (including receipts and product and purchase details if applicable to the Dispute); and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: legal@GeneJuarez.com or by mail to: Gene Juarez, C/O Corporation Service Company, 300 DESCHUTES WAY SW STE 208 MC-CSC1,
TUMWATER, WA, 98501, UNITED STATES. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and/or we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Gene Juarez representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Gene Juarez may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Gene Juarez commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Procedures. You and Gene Juarez agree that the arbitration will be administered by the American Arbitration Association ("AAA") and conducted in accordance with the applicable AAA rules ("AAA Rules") as modified by this arbitration agreement. If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration agreement, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this arbitration agreement. If the parties cannot agree on a provider, they shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.

The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this arbitration agreement. An arbitration demand must include all of the information required to be provided in the notice above. When initiating arbitration, you shall personally certify to Gene Juarez and to the AAA that you are a party to this arbitration provision and provide a copy or link to it. To begin an arbitration proceeding, you or Gene Juarez must send a personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for such relief. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Process referenced above and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. If you are initiating arbitration, you shall serve the demand for arbitration on Gene Juarez via mail to Gene Juarez, C/O Corporation Service Company, 300 DESCHUTES WAY SW STE 208 MC-CSC1,TUMWATER, WA, 98501, UNITED STATES. If Gene Juarez is initiating arbitration, we shall serve the demand for arbitration on you at the most recent address we have on file for you. The party initiating arbitration must follow the appropriate procedures with the AAA to commence the arbitration, which are available at www.adr.org or by contacting the AAA.

The arbitration shall be heard by a single, neutral arbitrator. The party initiating arbitration may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect a hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Gene Juarez representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in a mutually reasonably convenient location, but in any event within the State of Washington. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney General, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney General, or representative proceeding. An arbitrator is empowered to follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney General, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose.

Additional Procedures for Mass Arbitrations. You and we agree that these Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if you choose to bring your Dispute as part of a Mass Arbitration (defined below). If twenty-five (25) or more similar Disputes (including yours) are asserted against Gene Juarez by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you understand and agree that these Additional Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources.

If you choose to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

Stage one: If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Gene Juarez shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One may be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes, and Gene Juarez shall pay the mediator's fee.

Stage two: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Gene Juarez shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes, and Gene Juarez shall pay the mediator's fee.

Upon the completion of the mediation set forth in Stage Two (and assuming counsel for the parties do not jointly agree to continue engagement through further mediation or otherwise), each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitrations, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitrations and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitrations apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if Gene Juarez makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to  Gene Juarez, C/O Corporation Service Company, 300 DESCHUTES WAY SW STE 208 MC-CSC1,TUMWATER, WA, 98501, UNITED STATES. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

Class Action Waiver

You and Gene Juarez each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney General, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

Jury Trial Waiver

To the fullest extent permitted by applicable law, you and Gene Juarez waive the right to a jury trial.

Effective as of July 2, 2024.