Dusty & Crusty Terms & Conditions

IMPORTANT — PLEASE READ CAREFULLY
THIS IS A CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS

Terms & Conditions

Effective Date: April 4, 2026

Welcome to DustyandCrusty.com. By utilizing the latest technology to ensure secure, hassle-free shopping, DustyandCrusty.com (“Website”) can provide a broad range of high-quality merchandise to help you easily express your individuality and creativity.

We at Dusty and Crusty, LLC (“Dusty and Crusty,” “us,” or “we”) provide our Website and all of our products, services, and communications to you (“you”) subject to these terms and conditions (the “Terms”). The Terms apply to and are binding on you, Dusty and Crusty, and any other person or organization on whose behalf you or Dusty and Crusty may be acting, as well as anyone’s action on your or Dusty and Crusty’s behalf.

THIS CONTRACT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AS WELL AS CLASS ACTION AND JURY TRIAL WAIVERS. YOU CAN READ THE DISPUTE RESOLUTION REQUIREMENTS OF THIS CONTRACT IN THE DISPUTE RESOLUTION SECTION BELOW.

By accessing and browsing the Website, using any of the services Dusy and Crusty offers, including signing up for contests, sweepstakes, promotional mailings, texts, and emails, purchasing products from Dusty and Crusty, communicating with Dusty and Crusty, or registering with our Website, you agree to be bound fully by the Terms as are published at such time.

Internet technology and applicable laws, rules, and regulations change frequently. Accordingly, Dusty and Crusty reserve the right to make changes to the Terms at any time. Changes to the Terms will not be applied retroactively. If you do not agree to the Terms or any changes to them, do not access or browse the Website, use Dusty and Crusty services, sign up for promotions, register with the Website, or purchase from Dusty and Crusty.

We recommend that You print out a copy of these Terms for your records. Upon request, we each agree to sign and provide each other with a signed copy of these Terms.

Product Transactions on the Website. Products may only be purchased by individuals who can form legally binding contracts under applicable law. The Website is neither designed nor intended for children under 16 years of age. Minors under 16 and at least 13 years of age may only access the Website only if they have appropriate permission and direct supervision by a responsible adult. Children under age 13 are not permitted to use the Website. You are responsible for all account activity conducted by a minor on your account.

Prohibited Conduct. In your use of the Website, You may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Dusty and Crusty , federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam’, chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website,Dusty and Crusty ‘ name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.

If You become aware of any conduct that violates these TAC, Uncommon Goods encourages You to contact customer service at support@dustyandcrusty.com. Dusty and Crusty reserves the right, but will have no obligation, to respond to such communications.

Privacy Policy. You agree to Dusty and Crusty’ Privacy Policy, including to all of the information collection, use, and disclosure practices it describes. The Privacy Policy is incorporated by reference into these Terms and is subject to these Terms. As set forth in our Privacy Policy, information concerning visitors to our Website and their activities on the Website is sent by your browsing software to third party service providers and online advertising networks using JavaScript and similar technologies. By agreeing to the Terms, you expressly acknowledge and consent to those communications.

Mobile Messaging Terms & Conditions. By subscribing to Dusty and Crusty mobile messages, You agree that your subscription is subject to these Terms and any additional terms and conditions presented to you when you indicate your agreement to receive such messages. You also agree to receive recurring autodialed marketing messages and browse and/or cart abandonment messages to the telephone number used at the time You subscribed. Message frequency may vary. Message and data rates may apply. Consent to receive mobile messages is not required as a condition of purchasing any goods or services. The mobile carriers are not liable for delayed or undelivered messages.

Returns. Our returns policy is set forth at https://

INTELLECTUAL PROPERTY RIGHTS

Copyright. The graphic and textual content, arrangement, and assembly of this site is the property of DustyandCrusty.com or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Dusty and Crusty or its software suppliers and is protected under U.S. and international copyright laws.

Trademarks. “Dusty and Crusty are registered trademarks of DustyandCrusty.com and DustyandCrusty.com graphics, logos, product names, and service names are trademarks of Soft Paw Studios. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes Dusty and Crusty, its trademarks or goodwill. Any other trademarks not owned by Soft Paw Studios, LLC that appear on this site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.

Ownership and Use. Dusty and Crusty will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of these Terms or otherwise, except as outlined in these Terms. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.

DMCA Copyright Policy and Copyright Agent. Dusty and Crusty respects the intellectual property rights of others and expects its users to do the same. If You believe the Website or a user of the Website has infringed your intellectual property, please notify our Intellectual Property Agent at support@dustyandcrusty.com and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
A description of the copyrighted work claimed to have been infringed.
A detailed description of the material You claim is infringing, so that we may locate it, including the URL where the infringing material appears.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
A statement, made under penalty of perjury, by You that the above information is accurate and that You are authorized to act on behalf of the owner of the intellectual property rights involved.

REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these Terms, (ii) the assent to and performance by it of its obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these Terms constitute legal, valid and binding obligations of the parties assenting to these Terms, enforceable in accordance with these terms and conditions.

By You. You represent and warrant to Dusty and Crusty that (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of Dusty and Crusty in your use of Website, and (ii) You will comply with all applicable laws, rules, and regulations in your use of the Website, including these Terms.

Indemnification. You agree to hold DustyandCrusty.com and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by You or (ii) arising from, related to, or connected with the Website. If You are obligated to provide indemnification pursuant to this provision, DustyandCrusty.com may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, You may not settle, compromise or in any other manner dispose of any Claim without the consent of DustyandCrusty.com . In some states, including the State of New Jersey, there are limitations on the enforceability of indemnification agreements in connection with consumer purchases of goods or services. In those states, this provision shall be enforceable to the fullest extent permitted by law.

DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS

DISCLAIMER OF WARRANTIES. DustyandCrusty.com PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. DustyandCrusty.com DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. DustyandCrusty.com DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.

NO IMPLIED WARRANTIES. DustyandCrusty.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

EXCLUSION OF DAMAGES. DustyandCrusty.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. DustyandCrusty.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF ITS WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF DustyandCrusty.com OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS, OR SERVICES OR PRODUCTS PROVIDED BY THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO DustyandCrusty.com FOR ANY PRODUCT(S).

LIMITS ON THESE PROVISIONS WHICH MAY APPLY TO YOU. IN SOME STATES, INCLUDING THE STATE OF NEW JERSEY, THERE ARE LIMITS ON THE ENFORCEABILITY OF DAMAGES, WARRANTY, OR LIABILITY LIMITATIONS IN CONNECTION WITH CONSUMER PURCHASES OF GOODS OR SERVICES. IN THOSE STATES, THESE PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTE RESOLUTION

On occasion, a third party may be necessary to help resolve Disputes that may arise between you and DustyandCrusty.com. This section of the Terms & Conditions (the “Dispute Resolution Agreement”) limits you and DustyandCrusty.com to resolving Disputes between them by individual arbitration (or small claims court, if the Dispute qualifies), unless the Dispute is expressly excluded from the arbitration requirement. This Dispute Resolution Agreement shall survive any termination, expiration, or nullification of any or all the Terms & Conditions.

FOR ALL DISPUTES REQUIRED TO BE ARBITRATED UNDER THIS DISPUTE RESOLUTION AGREEMENT, YOU AND DustyandCrusty.com WAIVE ALL RIGHTS TO A JURY TRIAL, TO PARTICIPATE IN ANY CLASS ACTION OR COMPARABLE COLLECTIVE PROCEEDING, AND TO HAVE THOSE DISPUTES DECIDED IN COURTS OTHER THAN SMALL CLAIMS COURT.

“Dispute” and “Disputes” shall be interpreted in the broadest possible sense to include, without limitation, any and all complaints, claims, and controversies of every kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including erroneous sales tax collection) causes of action, and encompassing fully all those involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.

A. GENERAL ARBITRATION PROVISIONS

The following general provisions apply to all Disputes which are subject to the requirement to arbitrate (“Arbitrable Disputes”). These provisions are intended to be read harmoniously with the rules governing individual and mass arbitration set forth below. To the extent that there is any conflict between these general provisions and those specific rules, the specific rules will control.

(1) Persons and Entities Covered. The obligation to arbitrate extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or DustyandCrusty.com , or anyone on whose behalf you use the Sites and Apps or obtain Services. It also extends to Disputes in which claims of any kind are threatened or asserted against any corporations and other business entities related in any way to DustyandCrusty.com (including, but not limited to, parents, subsidiaries, and sibling corporations) and which arise out of your use of the Sites and Apps and the Services.

(2) Governing Law. Notwithstanding any other provision of the Terms & Conditions, all arbitrations are governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws, and you and we agree that it should be interpreted in a manner that protects and preserves the obligation to arbitrate in strict accordance with this Dispute Resolution Agreement.

(3) Opt-Out Rights. You have the right to opt out of the arbitration requirement by sending a written notice expressly stating “I opt out of the dispute resolution agreement” or similar words by email to support@dustyandcrusty.com. Opting out has no effect on any other dispute resolution agreements that you may currently have or may enter in the future with us, nor does it eliminate or change any other rights or requirements of the Terms & Conditions. Nor does opting out prevent you from later agreeing to a dispute resolution agreement with us.

(4) Mandatory Informal Settlement Process. For Arbitrable Disputes only, you and we must participate in an informal settlement process (the “Informal Settlement Process”) as follows before any arbitration can be commenced:

a. The party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s name, mailing address, email address, and a concise description of the Dispute, including any monetary demand. Claim Statements submitted by you must be sent by email to support@dustyandcrusty.com.

b. If the Claimant is represented by an attorney, the Claimant’s attorney must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with all obligations to conduct a reasonable investigation into the factual and legal basis of any claim and to represent that any claim asserted has a legal and factual basis under the standard that applies to representations to the court under Rule 11(b) of the Federal Rules of Civil Procedure (or any successor provision in the event of an amendment to that rule) (a “Rule 11 Certification”).

c. Once a properly completed Claim Statement and any applicable Rule 11 Certification is received, the Claimant and Respondent shall for a period of sixty (60) days seek to resolve the Dispute amicably. Any applicable statutes of limitations for the Dispute will be stayed during this period.

d. Failure to complete in good faith the Informal Settlement Process as to any Arbitrable Disputes is a material breach of this agreement. No arbitration may be filed nor any arbitrator appointed or arbitration fees imposed on the Respondent until this process has been completed. If an arbitration is commenced in violation of this requirement, the Claimant shall pay all fees or costs of arbitration imposed on Respondent.

(5) No Class Actions. Except as expressly permitted under the Mass Arbitration Rules (set forth below), you and we agree that all Arbitrable Disputes must be resolved individually and not via a class or consolidated proceeding of any kind, even if the requirement to arbitrate is found unenforceable for any reason. However, nothing restricts the settlement of Disputes by mutual agreement, including through court-approved class action settlements.

(6) Changes. If we change the arbitration requirements of this Dispute Resolution Agreement after you last accepted the Terms & Conditions, you can reject those changes by sending written notice within thirty (30) days of the effective date of such changes to support@dustyandcrusty.com The notice must include your full name, email address, and mailing address, and state specifically that you reject the Dispute Resolution Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the arbitration requirements that were in effect when you last agreed to the Terms & Conditions. The rejection of these changes shall have no effect on any other provisions of the Terms & Conditions. Nor does rejecting Dispute Resolution Agreement changes preclude you from later agreeing to those changes.

(7) Improperly Commenced Arbitration. If either you or we believe the other party has started or intends to start any arbitration in violation of this Dispute Resolution Agreement, you and we have the right to seek a court order to stop that arbitration, and any arbitrations related to or giving rise to such a court action shall be stayed and no arbitration fees or costs imposed until the court action (including appeals) is concluded fully and finally. Upon a finding that a Dispute was threatened, filed, or maintained in knowing violation of this Dispute Resolution Agreement or to exert undue pressure, or is frivolous, a court may award the costs and fees of arbitration and any associated litigation, including reasonable attorneys’ and expert fees, to the other party.

(8) Survival and Severability. This Dispute Resolution Agreement shall survive and remain in effect even after your relationship with Dusty and Crusty has ended. If any part of the Dispute Resolution Agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.

(9) Delegation. Disputes concerning whether you and we have entered a valid and binding agreement to arbitrate shall be decided exclusively by a court of competent jurisdiction, not by an arbitrator. All arbitrations where such issues are raised by either party shall be stayed until a court action (including all appeals) is fully and finally concluded. All other issues in Arbitrable Disputes shall be resolved by an arbitrator.

(10) Offer of Settlement. In any Arbitrable Dispute between you and Dusty and Crusty, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement. The offer amount and its terms will not be revealed to any arbitrator until after a final award (which includes any dispositive decision). If the value of that award is less than the value of the settlement offer, or if the award favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal and expert fees, and costs which were incurred or imposed after the offer to the fullest extent allowed by law.

(11) AAA Arbitrations. If the American Arbitration Association (the “AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Dispute Resolution Agreement (including as a result of any aspect of this Dispute Resolution Agreement which does not meet with the AAA’s approval), or if the AAA for any other reason whatsoever declines to handle an Arbitrable Dispute assigned to it, the parties shall use their best efforts to find and agree upon a substitute arbitration organization guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly. Should the parties fail to agree on a substitute for the AAA, the parties shall ask a court of competent jurisdiction to appoint a substitute arbitration organization to conduct the individual arbitration in conformity with all applicable requirements of this Dispute Resolution Agreement including the arbitrator selection criteria set out in this paragraph.

B. ARBITRATION RULES

The arbitration process will vary depending on whether an Arbitrable Dispute is pursued individually by a Claimant (an “Individual Arbitration”) or as part of a larger group of associated claims (a “Mass Arbitration,” defined below). In all instances, the arbitrator shall have the power to provide the same relief available in court.

(1) Individual Arbitration. All Individual Arbitrations shall be before a single arbitrator of the AAA. Arbitrations handled by the AAA and involving consumer disputes as defined by the AAA will be governed by this Dispute Resolution Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol (the “Consumer Rules”) (https://www.adr.org/consumer) in effect on the date when the Dispute arose (each a “Consumer Arbitration”). Where the Consumer Rules do not apply, the arbitration shall be governed by these Individual Arbitration Rules and the AAA Commercial Arbitration Rules (each a “Commercial Arbitration”) together with the AAA Optional Appellate Rules: (https://www.adr.org/commercial). If there is a conflict or inconsistency between this Dispute Resolution Agreement and any applicable AAA rules and protocol, the terms of this Dispute Resolution Agreement shall control. In any Commercial Arbitration, the prevailing party shall recover reasonable attorneys’ fees, expert witness fees, and costs, including costs and fees incurred in collection. In any Consumer Arbitration, the prevailing party shall be able to recover attorneys’ fees where and as expressly allowed by applicable law.

a. For consumer arbitrations where Disputes (including counterclaims) are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-36 of the Consumer Rules. However, the arbitrator may permit reciprocal, reasonable discovery (strictly limited in nature and proportionate in scope and cost to the Dispute and which does not impose undue cost or hardship on either of the parties), and may also allow for a hearing if the arbitrator, in their discretion, deems it necessary, which shall be by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is proportionate to the Dispute amount.

b. An arbitration before the AAA can be requested by mail or online through the AAA’s website (https://www.adr.org/Support). A copy of the arbitration demand shall be emailed to support@dustyandcrusty.com. Upon request by either you or us, any attorney representing a party demanding arbitration shall provide to the Respondent and the AAA a Rule 11 Certification.

(2) Mass Arbitration. If 20 or more Claimants (each a “Mass Arbitration Claimant”) or their lawyers or representatives file or disclose to us an intention to file demands for arbitration raising substantially similar Arbitrable Disputes, and counsel or representatives for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitrations Rules alone shall apply instead of the Individual Arbitration Rules set forth above or any mass arbitration rules published by the AAA or any other arbitration organization. In the event of any conflict, inconsistency, or difference between these Mass Arbitration Rules and the Individual Arbitration Rules, above, the Mass Arbitration Rules shall control.

a. Enhanced Settlement Process. Each Mass Arbitration Claimant must comply with the Informal Settlement Process set forth above as enhanced here to reflect the seriousness, scope, and impact of a Mass Arbitration and offer you and us additional tools to increase the odds of reaching an amicable settlement (the “Enhanced Settlement Process”). Full compliance with the Enhanced Settlement Process is a mandatory condition precedent to Mass Arbitration Claimants arbitrating or litigating their Disputes. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation will be stayed for all Mass Arbitration Claimants during the Enhanced Settlement Process and until its mandatory mediation component (described below) is completed.

i. To initiate the Enhanced Settlement Process, the Mass Claimants shall individually or collectively submit to us a Claim Statement fully compliant with the requirements of the Informal Settlement Process described in Paragraph A(4), above, including the Rule 11 Certification requirement. Lawyers representing the Mass Arbitration Claimants shall provide a certification, under oath, they have authority to arbitrate, mediate, and settle the Disputes raised by each of the Mass Arbitration Claimants. You and we shall then engage in a good faith effort to settle the underlying Disputes for a period of sixty (60) days.

ii. If any Disputes remain upon the completion of the foregoing settlement discussions, the Mass Arbitration Claimants and we will then each select not more than two (2) non-settling Mass Arbitration Claimants for up to four (4) initial arbitrations (the “Initial Arbitrations”) intended to inform and benefit a mediated settlement discussion described below. Each Initial Arbitration will be decided under the Individual Arbitration Rules, above, with each assigned to a different arbitrator. The Initial Arbitrations must be conducted, and final, reasoned decisions issued, within one hundred twenty (120) days of their commencement.

iii. Promptly upon the issuance of reasoned decisions in all of the Initial Arbitrations, the parties’ counsel shall participate in good faith mediation for a period of sixty (60) days seeking in good faith to resolve all remaining Disputes of the Mass Arbitration Claimants (the “Mandatory Mediation”) with JAMS (https://www.jamsadr.com/). Except for the Initial Arbitrations, no arbitrations will be commenced by the Mass Arbitration Claimants until after the completion of both the Initial Arbitrations and the mandatory mediation that follows.

b. Arbitration of Unresolved Disputes. Any Mass Arbitration Claimants whose Disputes remains unresolved at the conclusion of the mandatory Enhanced Settlement Process (the “Unresolved Disputes”) shall pursue their Disputes in small claims court (if eligible) or as individual arbitrations with FairClaims, Inc. (“FairClaims”) (https://www.fairclaims.com). Reasoned decisions from the Initial Arbitrations can be presented in small claims court and arbitration for their persuasive value but shall not be binding. Discovery obtained in the Initial Arbitrations may also be used in connection with such proceedings. If FairClaims is unavailable or unable to hear the Unresolved Disputes, the parties shall use their best efforts to find and agree upon a substitute arbitration organization to provide individual arbitration of the Unresolved Disputes, guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly.

c. Challenges to the Mass Arbitration Rules. Any challenge to these Mass Arbitration Rules, or any component of them, shall be resolved exclusively by a court of competent jurisdiction, not by any arbitrator. During such court proceedings, any pending arbitrations shall be fully stayed, no arbitration fees and costs imposed or paid, and no further arbitrations filed until such court action (including all appeals) is fully and finally concluded. Any ruling that the Mass Arbitration Rules or any aspect of them are invalid or unenforceable shall not affect the validity or enforceability of any other parts of the Terms, including the Dispute Resolution Agreement. You and we agree that the Enhanced Settlement Process shall be mandatory for all Mass Arbitration Claimants and us as a condition precedent to arbitrating or adjudicating the disputes of the Mass Arbitration Claimants even a court finds Paragraph 2(b) (Arbitration of Unresolved Disputes) to be void or unenforceable, in whole or in part, for any reason.

d. Mandatory Nature of the Mass Arbitration Rules. If Paragraph 2(b) (Arbitration of Unresolved Disputes) is determined to be void or unenforceable for any reason in a court action that is fully and finally concluded, or if the parties are unable in good faith to select a substitute arbitration organization for FairClaims as provided for under said Paragraph 2(b), any Unresolved Disputes shall be heard and resolved in the state and federal courts of New York, and not through arbitration. If any court action permitted under this provision is pursued as a class action, the class shall be limited to the Mass Arbitration Claimants.

ARBITRATION RULES AND REQUIREMENTS

While there is no judge or jury in an arbitration, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court could award to an individual and must interpret and apply this Arbitration Agreement as a court would.

To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, and unless otherwise provided in the Mass Arbitration rules, you and Dusty and Crusty agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. This provision does not, however, limit any party’s right to challenge in a court of competent jurisdiction an improperly commenced arbitration.

The results of any arbitration between you and Dusty and Crusty shall be binding only as to the specific Dispute(s) resolved in that arbitration, and shall not be binding on you or Dusty and Crusty in any arbitration or court proceeding involving a different Claimant.

Any court of competent jurisdiction will have the authority to enforce the requirements of this Arbitration Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and/or the assessment of fees for any arbitration not conducted in strict accordance with the requirements of this Arbitration Agreement.

Except as provided in the Mass Arbitration Rules, below, if you and Dusty and Crusty disagree on whether a Dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Arbitration Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address such disagreements.

The Respondent may, but is under no obligation to, make a written settlement offer at any time. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award issued is less than the defending party’s settlement offer or if the award is in Respondent’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including reasonable attorneys’ fees, to the fullest extent permitted by applicable law.

The arbitration process will differ depending on whether your claim is pursued individually or as part of a mass arbitration, as explained below.

Individual Arbitration Rules. Except in cases of a Mass Arbitration (which is defined below), all arbitrations shall be before a single arbitrator of the American Arbitration Association (“AAA”). Arbitrations involving consumers will be governed by these Terms and the AAA Consumer Arbitration Rules (“Consumer Rules”) and the AAA Consumer Due Process Protocol. The Consumer Rules shall apply if the dispute involves or is related to goods or services offered or purchased for personal or household use only, and not goods or services offered or purchased for any other use, including in support of a business, job, or profession, including purchases for resale. All other arbitrations will be governed by these Terms and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, this Arbitration Agreement will control.

Consumer arbitrations where no disclosed claims or counterclaims exceed $25,000 USD shall be non-appearance based and decided based on the submission of documents-only (including sworn statements) pursuant to R-29 of the Consumer Rules. However, at the discretion of the arbitrator, a hearing may be held in any consumer arbitration, with such hearing being held telephonically or by video conference, unless the arbitrator concludes that fundamental fairness requires an in-person hearing and the cost and inconvenience to the parties of such an in-person hearing is proportionate to the amount being claimed. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.

To begin an arbitration proceeding with the AAA after completing the informal settlement process, the claiming party must send a letter describing the Dispute and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website.

Any attorney representing the Claimant who has not previously done so must sign, under oath or penalty of perjury, a Rule 11 Certification which shall be included with any arbitration demand under this Arbitration Agreement.

Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers file or disclose an intention to file demands for arbitration against Dusty and Crusty raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special mass arbitration rules shall apply to the exclusion of any other mass arbitration rules published by any arbitration organization. To the extent that this definition of a Mass Arbitration is different than the definition of a mass arbitration in the rules of any arbitrator or arbitration organization, you and Dusty and Crusty agree that this definition of Mass Arbitration shall control. If there is a conflict between these Mass Arbitration Rules and any other provision of this Arbitration Agreement, these Mass Arbitrations Rules shall control.

Any arbitration organization that receives a demand violating these Mass Arbitration rules, including the definition of what constitutes a Mass Arbitration, must dismiss the demand before assigning an arbitrator or charging fees to the Respondent. If the organization cannot determine if the Disputes qualify as a Mass Arbitration under the definition set forth in this Arbitration Agreement before an arbitrator is appointed, the Mass Arbitration Claimants and Dusty and Crusty agree to treat threatened arbitrations as if they were filed for the sole purpose of determining if the 25-claimant threshold is met.

Each Mass Arbitration Claimant must complete the informal settlement process outlined above before proceeding to arbitration, including a signed certification under oath or penalty of perjury of compliance with Rule 11 for all claimants. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11.

Each Mass Arbitration Claimant must complete in all respects the informal settlement process set forth above as a condition precedent to proceeding to any arbitration.

If the informal settlement process fails for any Mass Arbitration Claimants, both their counsel and Dusty and Crusty counsel will each select up to three (3) claimants (no more than six (6) in total) for bellwether arbitrations, which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a separate arbitrator. Any other Mass Arbitration claims must be dismissed without prejudice before the bellwether arbitrations can begin. Each bellwether arbitration must be completed within 120 days, unless the parties agree otherwise. No further arbitration demands can be made by Mass Arbitration Claimants during the pendency of the bellwether arbitrations and the mandatory mediation process described below.

After the bellwether cases are resolved, Dusty and Crusty counsel and the Mass Arbitration Claimants’ counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes. This mediation will be conducted by the AAA under its current Mediation Procedures unless both parties agree to a different mediator or mediation process.

Mass Arbitration Claimants whose claims are still unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc., not with the AAA or any other organization. The applicable FairClaims rules, such as Small Claims or Fast Track, will depend on the claim amount, information about which is available here. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only, but shall not be binding.

If any requirement of the Mass Arbitration Rules is determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), the Respondent can, at its option, require that all unresolved Disputes between the Mass Arbitration Claimants and Dusty and Crusty be resolved in a court with proper authority and meeting the venue requirements set forth in the Terms. The Respondent shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision, the class of plaintiffs shall be limited to Mass Arbitration Claimants with unresolved Disputes.

If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination and Respondent elects to have unresolved Disputes be resolved in court, those claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules are unenforceable will not affect the validity or enforceability of any other part of these Terms.

ADDITIONAL TERMS

Governing Law and Venue. Except with regard to our agreement to arbitrate, which is governed solely by the Federal Arbitration Act, the law which shall resolve all disputes between the parties shall be the laws of New York and the United States of America without reference to conflicts of laws principles. Except as provided in the Arbitration Agreement, above, all court actions arising under or relating to the Terms shall be filed in the state or federal courts of the State of New York. You and Dusty and Crusty consent to the personal jurisdiction of such courts for these limited purposes.

Changes to the Website or Service. Dusty and Crusty may, in its sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and Website will not be liable for doing so.

Termination of Account or Access. Dusty and Crusty will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to the Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these Terms, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) You exceeding your credit card limit; (v) or any “chargeback” of a fee or other payment.

If You are a member, You may terminate your account for any reason at any time subject to these Terms by emailing support@dustyandcrusty.com and requesting termination.

If your account is terminated, Dusty and Crusty may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.

Following termination of your account, You will not be permitted to use the Website.

Limitation of Actions. You acknowledge and agree that any claim or cause of action You may have against Dusty and Crusty products must be brought within one (1) calendar year after such claim or cause of action arises, or forever be barred, unless applicable law prohibits such a contractual limitation.

Integration. These Terms contain the entire understanding of You Dusty and Crusty regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

Additional Terms. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by You without the prior written consent of Dusty and Crusty. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these Terms. You, Dusty and Crusty are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.