1 Mandatory Individual Arbitration
“Dispute” means any dispute, claim, or controversy between you and the Company arising out of or relating to QuinkyPeople.com or these Terms, including, without limitation, any dispute about the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms or this Arbitration Agreement. Any Dispute, whether it arose before, on, or after the date you agreed to these Terms, that is not resolved through the informal dispute resolution process described in these Terms will be resolved exclusively by individual, binding arbitration in accordance with this Arbitration Agreement.
2 Dispute Resolution
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute over whether all or any part of this Arbitration Agreement is void or voidable. The arbitrator will also decide all threshold issues of arbitrability, including whether these Terms are unconscionable or illusory, in whole or in part, and any defenses to arbitration, including waiver, delay, laches, or estoppel. Despite this Arbitration Agreement and the Class Action/Jury Trial Waiver, you and the Company each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action brought by the Company against a non-consumer, or any interaction by the Company with governmental or regulatory authorities, is not subject to this Arbitration Agreement. Either party may also elect to have a Dispute heard in small claims court, seeking only individualized relief, so long as the matter is not removed to or appealed in a court of general jurisdiction.
3 Filing Limitation
To the fullest extent permitted by applicable law, any Dispute against the Company arising out of or relating in any way to QuinkyPeople.com or these Terms must be filed within one year after the Dispute or cause of action first arose, or it will be permanently barred.
4 Prior Agreements
If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date on which this Arbitration Agreement was posted, you may still be bound by earlier versions of an arbitration agreement that you agreed to at that time.
5 Jurisdiction
If any Dispute is determined not to be subject to arbitration or to resolution in small claims court, the exclusive jurisdiction and venue for that Dispute will be the state or federal courts located in Florida, and the Dispute will be interpreted, governed, and enforced in accordance with the substantive and procedural law of the State of Florida, without regard to conflict-of-law principles. If you or the Company files a complaint in any court (other than small claims court) asserting a Dispute that is subject to arbitration under this Arbitration Agreement, the responding party may notify the filing party or its counsel of this Arbitration Agreement and request that the complaint be withdrawn. If the filing party does not withdraw the action within ten calendar days after receiving that notice, and the responding party successfully moves to compel arbitration of the Dispute, the responding party will be entitled to recover its costs and reasonable attorneys’ fees incurred in enforcing this Arbitration Agreement.
6 Class Action and Jury Trial Waiver
You and the Company agree that, to the fullest extent permitted by law, each party waives the right to a trial by jury and the right to act as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than a Mass Filing under the Mass Filing Procedures). You and the Company may not bring a Dispute on behalf of a class or group, and may not bring a Dispute on behalf of any other person, except when acting as a parent, guardian, or similar representative for an individual who cannot bring their own individual Dispute. You and the Company also may not participate in any class, collective, private attorney general, representative, or consolidated proceeding (other than a Mass Filing under the Mass Filing Procedures) brought by a third party.
Unless you and the Company both agree in writing, any arbitration will be conducted only on an individual basis and not as part of any class, collective, representative, or consolidated proceeding (other than a Mass Filing under the Mass Filing Procedures). You and the Company may, however, participate in or benefit from a class-wide settlement.
7 Opt‑Out Procedures
To opt out of this Arbitration Agreement, you must send a written notice (an “Opt-Out Notice”) by email to support@quinkypeople.com (the “Notice Address”) within 30 days of the earliest of: (1) the date you first make a payment to the Company; (2) the date you first access QuinkyPeople.com; or (3) the date you first provide information to QuinkyPeople.com after these Terms are posted. The Opt-Out Notice must include your full legal name, your mailing address, your email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your 30-day opt-out period has expired, you are not eligible to opt out of this Arbitration Agreement, and you will be bound by it, which supersedes and replaces in its entirety all prior versions of the Company’s arbitration and class action provisions.
If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Opting out of this Arbitration Agreement does not affect any prior arbitration agreement you have already entered into with the Company, and you may still be bound by any such previous agreement. If you timely submit a valid Opt-Out Notice and you are not bound by any prior or other arbitration agreement with the Company, all Disputes between you and the Company will be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Florida, and all such Disputes will be interpreted, governed, and enforced in accordance with the substantive and procedural law of the State of Florida, without regard to conflict-of-law principles.
If the Company makes future changes to this Arbitration Agreement (other than changes to the Notice Address or other non-material changes), the Company will provide notice to you to the extent it has your contact information. You may reject any such change by emailing the Company at support@quinkypeople.com within 30 days after the amended Arbitration Agreement is posted. Your email must include: (i) your full legal name, (ii) your mailing address, (iii) your phone number, (iv) a statement identifying the specific change or changes you are rejecting, and (v) if applicable, the username or email address associated with your account or any purchase from the Company. Rejecting a change is not an opt-out of arbitration altogether. If you do not timely reject the change, your continued use of QuinkyPeople.com after the 30-day period constitutes your acknowledgment of, and agreement to, the updated Arbitration Agreement.
8 Mandatory Pre‑Arbitration Notice & Informal Resolution
You and the Company agree that good-faith, informal efforts to resolve disputes can often lead to prompt, cost-effective, and mutually beneficial outcomes. Therefore, if a Dispute arises, you and the Company each agree to send the other a written notice of the Dispute (“Notice of Dispute”).
A Notice of Dispute from you to the Company must be emailed to the Notice Address. It must include:
(i) your full legal name, complete mailing address, and email address;
(ii) a description of the nature and basis of the Dispute;
(iii) any relevant facts about your use of QuinkyPeople.com, including whether you receive emails from us and whether you have made any purchases from the Company (with the date(s) of such purchase(s), if applicable); and
(iv) a personally signed statement from you (not your counsel) verifying the accuracy of the Notice.
The Notice must be individualized and may concern only your Dispute, not anyone else’s. The Company will send any Notice of Dispute to you at the email or mailing address it has on file for you, if any.
After a Notice of Dispute is received, the parties will make a good-faith effort to resolve the Dispute for 60 days (which may be extended by agreement). After receipt of the Notice of Dispute, either party may request an individualized telephone or video settlement conference (which may occur after the 60-day period), and both parties will participate in that conference (with counsel, if represented). The parties, and their counsel if applicable, will work cooperatively to schedule the conference at the earliest mutually convenient time and to seek resolution.
Compliance with these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a condition precedent to initiating arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while the parties engage in these informal procedures. These requirements are essential so that you and the Company have a meaningful opportunity to resolve disputes informally. If any material aspect of these requirements is not met, the parties agree that a court of competent jurisdiction may enjoin the filing of an arbitration or stay an existing arbitration. Nothing in this paragraph limits a party’s right to seek damages in arbitration for non-compliance with these procedures.
If the parties cannot resolve the Dispute through the informal procedures above, you and the Company agree that all Disputes will be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and have the arbitrator decide the Dispute based solely on written submissions. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent practicable. If the arbitrator determines, or the parties agree, that an in-person hearing is necessary, the hearing will take place as close to your residence as reasonably practicable, or at another agreed location, before a single arbitrator.
9 Governing Rules & Administration
Governing Rules: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and the Company each agree to send the other party a written notice of the Dispute (“Notice of Dispute”). A Notice of Dispute from you to the Company must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of QuinkyPeople.com, including whether claimant receives any emails associated with QuinkyPeople.com, whether claimant has made a purchase from the Company, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. the Company will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.
After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.
All Disputes shall be submitted to National Arbitration and Mediation (“NAM”) for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM rules and procedures (“NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.
If NAM notifies the parties in writing that it is not available to arbitrate any Dispute, or if NAM is otherwise unable to arbitrate any Dispute, that Dispute shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services rules and procedures then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of Florida, without regard to choice or conflict of law principles.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and the Company agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriately represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.
Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organizations are allowed to be submitted for arbitration (“Mass Filing”), NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the staged process described below (the “Mass Filing Procedures”). The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these Mass Filing Procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your Dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration, so long as your pre-arbitration Notice complies with the requirements in that subsection. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
You and the Company agree that application of the following Mass Filing Procedures have been reasonably designed to result in an efficient and fair adjudication of such cases, and agree to act in good faith to ensure that they are followed:
Stage One: Counsel for the claimants and counsel for the Company shall each select up to 25 Demands for Arbitration per side (up to 50 Demands for Arbitration total) to proceed in arbitration as part of Stage One. For the Demands for Arbitration selected for Stage One, NAM shall (i) provide for their resolution as a single, consolidated arbitration by one arbitrator, and with one procedural calendar, one hearing (if any) and one final award, and (ii) apply a single initial filing fee and administration fee for each side with respect to the fees set forth in NAM’s mass filing fee schedule then in effect. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Any remaining Demands for Arbitration that are or could be included in the Mass Filing shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Demands for Arbitration, unless and until they are selected to be filed as part of a staged process. After the Demands for Arbitration selected for Stage One are resolved, the parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge.
Stage Two: If the Mass Filing is not resolved in Stage One, counsel for the claimants and counsel for the Company shall each select up to 50 additional Demands for Arbitration per side (up to 100 Demands for Arbitration total) to proceed in arbitration as part of Stage Two, subject to any procedural changes the parties agreed to in writing. For the Demands for Arbitration selected for Stage Two, NAM shall (i) provide for their resolution as a single, consolidated arbitration by one arbitrator, and with one procedural calendar, one hearing (if any), and one final award, and (ii) apply a single initial filing fee and administration fee for each side with respect to the fees set forth in NAM’s mass filing fee schedule then in effect. The Demands for Arbitration selected for Stage Two shall be assigned to a different arbitrator than the arbitrator for Stage One, unless the parties agree otherwise in writing. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Any remaining Demands for Arbitration that are or could be included in the Mass Filing shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Demands for Arbitration unless and until they are selected to be filed and proceed as part of a staged process. After the Demands for Arbitration selected for Stage Two are resolved, the parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge.
If your Dispute is not resolved as part of the staged process identified above, either:
Option One: You and the Company may separately or by agreement, opt out of arbitration and elect to have your Dispute heard in court consistent with this Arbitration Agreement. You may opt out of arbitration at this stage by notifying the Company via email at support@QuinkyPeople.com.com. Your opt-out email must include a statement, personally signed by you, that you wish to opt out of arbitration, and must be sent within 30 days after the conclusion of the mediation associated with Stage 2. the Company may opt your Dispute out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor the Company elect to have your Dispute heard in court consistent with Option One, then you agree that your Dispute will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining Demands for Arbitration exceeds 100, then 100 Demands for Arbitration shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitration as part of a staged process. If the number of remaining Demands for Arbitration is fewer than 100, then all of those Demands for Arbitration shall be filed, or deemed filed, and proceed in arbitration. NAM shall (i) provide for resolution of these demands as a single, consolidated arbitration by one arbitrator, and with one procedural calendar, one hearing (if any), and one final award, and (ii) apply a single initial filing fee and administration fee for each side with respect to the fees set forth in NAM’s mass filing fee schedule then in effect. These demands shall be assigned to a different arbitrator than the arbitrators for Stage One and Stage Two, unless the parties agree otherwise in writing. Any remaining Demands for Arbitration that are or could be included in the Mass Filing shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Demands for Arbitration unless and until they are selected to be filed and proceed as part of a staged process. After this set of demands is adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind. The Company reserves all rights and defenses as to each and any demand and claimant. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
If there are 20 or more substantially similar Disputes that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall administer those Disputes in accordance with the Mass Filing Procedures set forth above and shall apply its mass filing fee structure.
Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive 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 Dispute.
10. Changes to this Policy
We reserve the right to change these Terms and associated policies or procedures from time to time with or without prior notification.
