These terms and conditions (Terms) are a legal contract between you and Papa Murphy's Holdings, Inc. and all of its direct and indirect subsidiaries (collectively Papa Murphy's, and referred to in these terms as Us or Our or We) (Parties means you and Papa Murphy's), which states the Parties' rights and responsibilities with respect to their dealings with each other, including Papa Murphy's sending information or others sending information regarding Papa Murphy's to you through text messages, emails, or other means.
THESE TERMS INCLUDE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, INCLUDING CLASS ACTION WAIVERS THAT AFFECT YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PAPA MURPHY'S.
- Changes to these Terms: We may change, add, or remove provisions (collectively, Modifications) of these Terms from time to time. If you have provided your cell number and/or email address, we will inform you of Modifications by text message and/or email at least 30 days prior to Modifications taking effect. Modifications that affect the Parties' rights and/or obligations will only do so prospectively. If you object to Modifications, your sole recourse shall be to alert Papa Murphy's by responding to the Modifications notification as directed in the notification.
- Electronic Communications: Electronic Communications-You can opt-in to receiving periodic text messages by signing up through Our website or by texting specified key words to a number provided by various advertisements. Regardless of your opt-in method, you will receive a text message asking you to respond Y to confirm your participation in the program. If you sign up through text message, you will receive an additional text message asking you to provide your zip code. You will not be enrolled in the text message program until you respond to these confirmatory text messages. The frequency of advertising text messages and the type of promotion offered through text will vary based on your location. We ask for your zip code so that we can offer promotions that are relevant to your location. You may enter more than one zip code. If you enter more than one zip code, then you will receive promotions for both areas, which will result in a larger number of advertising text messages to your mobile phone. If do not wish to continue receiving text messages, text STOP at any time to stop receiving text messages. After you text STOP, you will receive a one-time text message confirming you have been opted out of the program. If you have any problems with the program and wish to contact US, text HELP at any time.
DISPUTE RESOLUTION AND ARBITRATION.
Please read this carefully. It affects your legal rights. All Disputes (defined in the next sentence) between you and any of Us shall be resolved by binding arbitration. Disputes means all claims
and controversies, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory, and includes disagreements on the validity, enforceability, or scope of this provision that may arise between you and any of Us. Your acceptance of these Terms waives your right to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration decision is limited. The arbitrator must adhere to this agreement and can award the same damages and relief as a court, including attorneys' fees if the applicable law provides for attorneys' fees. YOU AND PAPA MURPHY'S AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, ARISING FROM OR RELATING TO ACTS OR OMISSIONS IN THE FUTURE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT.
- Exclusions from Arbitration: Notwithstanding the above, you or We may choose to pursue a Dispute in small-claims court and not by arbitration if the Dispute qualifies for initiation in small-claims court, but the Dispute must proceed only on an individual basis and not in a representative capacity or class action.
- Arbitration Procedures: Either you or We may initiate arbitration proceedings. The American Arbitration Association (AAA), www.adr.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of these Terms' arbitration provision. For Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms govern in the event they conflict with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because these Terms concern interstate commerce, the Federal Arbitration Act (FAA) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA, except regarding the applicable statute of limitations, which is governed by these Terms.
- Period By Which Disputes Must Be Brought: THIS PROVISION IS AN IMPORTANT LIMITATION ON YOUR RIGHTS. You agree that any arbitration or court action subject to these Terms must be brought within one year of the date the cause of action arose.
- Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the Parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the Parties for purposes of enforcement.
- Location of Arbitration: You or We may initiate arbitration or a small-claims court proceeding in either Washington state or in the small-claims court in the county, borough, or parish in the state in which you reside.
- Payment of Arbitration Fees and Costs: So long as you make a request in writing to Papa Murphy's prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses of the arbitrator. But you will still be responsible for all additional fees and costs that you incur in the arbitration, including but not limited to your attorneys' fees and your expert witnesses costs.
- Class Action Waiver: The arbitrator shall not consolidate more than one person's claims, and shall not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action), unless both you and We specifically agree in writing to do so following initiation of the arbitration. If you choose to pursue a Dispute in small-claims court, you cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding regarding any Dispute that is subject to these Terms.
- Jury Waiver: You understand and agree that by accepting these Terms, you and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of these Terms, you and We might otherwise have a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in these Terms, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
- Telephone Number: You agree that if you cease to be the person associated with the cell number that you provided to Papa Murphy's, you will text STOP to opt out of the texting program prior to ceasing to use that cell number. You agree that if you fail to take this step, and if Papa Murphy's suffers any damages as a result of your failure, you will indemnify Papa Murphy's for those damages.
- Severability: If any clause within these Terms (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from Terms and the remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, these Terms will be unenforceable and the Dispute will be decided by a court.
- Applicable Law: The Federal Arbitration Act, Washington state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply.
Contact Us: Call us at 800.257.7272. Or write us at: Papa Murphy's Guest Services, 8000 NE Parkway Dr. Ste #350, Vancouver, WA 98662.