Smartwool adds forced arbitration to EULA: Difference between revisions
Removed the tone warning, article now reads better I think! |
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|archive-date=1 Dec 2023 | |archive-date=1 Dec 2023 | ||
|access-date=19 Feb 2025 | |access-date=19 Feb 2025 | ||
}}</ref> available on Smartwool's website | }}</ref> available on Smartwool's website contained: | ||
#An emphasis on contacting Customer Service first, but does not explicitly make it a prerequisite before arbitration. | #An emphasis on contacting Customer Service first, but does not explicitly make it a prerequisite before arbitration. | ||
#No specification on who determines arbitrability. | #No specification on who determines arbitrability. | ||
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#A specific line reading: "Any dispute or claim relating in any way to the Website and our services, any representations made by us, and/or your use of our websites [...] will be resolved by binding arbitration, rather than in court..." This line does not specify products sold by the company, which would be a likely cause of a class-action lawsuit. | #A specific line reading: "Any dispute or claim relating in any way to the Website and our services, any representations made by us, and/or your use of our websites [...] will be resolved by binding arbitration, rather than in court..." This line does not specify products sold by the company, which would be a likely cause of a class-action lawsuit. | ||
The new EULA terms lock down on the existing terms, and | The new EULA terms lock down on the existing terms, and contains: | ||
#An informal dispute resolution process where the complaining party must send a written notice describing the dispute and allow 30 days for resolution before arbitration can begin.[[File:Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained".png|thumb|400px|Text from the EULA as it appeared.]]<blockquote>Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.</blockquote> | #An informal dispute resolution process where the complaining party must send a written notice describing the dispute and allow 30 days for resolution before arbitration can begin.[[File:Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained".png|thumb|400px|Text from the EULA as it appeared.]]<blockquote>Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.</blockquote> | ||