| 18. Third Party Products | | 18. Third Party Products |
| All third party products included or sold with the Services are provided solely | | All third party products included or sold with the Services are provided solely |
| according to the warranty and other terms specified by such third party, who is | | according to the warranty and other terms specified by such third party, who is |
| solely responsible for service and support for its product. For service, support | | solely responsible for service and support for its product. For service, support |
| , or warranty assistance, you should contact the manufacturer directly. THE COMP | | , or warranty assistance, you should contact the manufacturer directly. THE COMP |
| ANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO | | ANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO |
| SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF | | SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF |
| MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. | | MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. |
| 19. Disputes | | 19. Disputes |
| n | When you see the word “Dispute” in Section XXII.20, here’s what it means. | n | When you see the word “Dispute” in Section XXIII.20, here’s what it means. |
| For purposes of Section XXII.20, “Disputes” are defined as any claim, controvers | | For purposes of Section XXIII.20, “Disputes” are defined as any claim, controver |
| y, or dispute between you and the Company, its processors, suppliers or licensor | | sy, or dispute between you and the Company, its processors, suppliers or licenso |
| s (or their respective affiliates, agents, directors or employees), whether aris | | rs (or their respective affiliates, agents, directors or employees), whether ari |
| ing before or during the effective period of these Terms, and including any clai | | sing before or during the effective period of these Terms, and including any cla |
| m, controversy, or dispute based on any conduct of you or the Company that occur | | im, controversy, or dispute based on any conduct of you or the Company that occu |
| red before the effective date of these Terms, including any claims relating in a | | rred before the effective date of these Terms, including any claims relating in |
| ny way to these Terms or the Services, or any other aspect of our relationship. | | any way to these Terms or the Services, or any other aspect of our relationship. |
| 20. Binding Arbitration | | 20. Binding Arbitration |
| This section provides details about how we will resolve disputes through the arb | | This section provides details about how we will resolve disputes through the arb |
| itration process. | | itration process. |
| If you are an individual Cash App customer, this arbitration provision applies t | | If you are an individual Cash App customer, this arbitration provision applies t |
| o you: | | o you: |
| n | General. You and the Company agree that any and all Disputes, except those that | n | General. You and the Company agree that any and all Disputes, except those that |
| are resolved informally or brought in a small claims court, will be individually | | are resolved informally or brought in a small claims court, will be individually |
| arbitrated by a neutral arbitrator who has the power to award the same individu | | arbitrated by a neutral arbitrator who has the power to award the same individu |
| al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE C | | al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE C |
| ASH APP TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACT | | ASH APP TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACT |
| IONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRA | | IONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRA |
| TIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY | | TIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY |
| AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. N | | AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. N |
| othing in this agreement prevents you or the Company from settling Disputes on a | | othing in this agreement prevents you or the Company from settling Disputes on a |
| class, representative, or consolidated basis. If any term of this arbitration a | | class, representative, or consolidated basis. If any term of this arbitration a |
| greement in Section XXII.20 is found unenforceable, including the Bellwether Arb | | greement in Section XXIII.20 is found unenforceable, including the Bellwether Ar |
| itration procedures described below, the unenforceable term will be severed, and | | bitration procedures described below, the unenforceable term will be severed, an |
| the remaining terms will be enforced (but in no case will there be a class acti | | d the remaining terms will be enforced (but in no case will there be a class act |
| on, consolidated action, mass action or representative action arbitration). | | ion, consolidated action, mass action or representative action arbitration). |
| Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is | | Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is |
| commenced, you and the Company agree to attempt to avoid the costs of formal dis | | commenced, you and the Company agree to attempt to avoid the costs of formal dis |
| pute resolution by giving each other a full and fair opportunity to address and | | pute resolution by giving each other a full and fair opportunity to address and |
| resolve a Dispute informally. Both parties recognize that this is an important r | | resolve a Dispute informally. Both parties recognize that this is an important r |
| equirement, and that breach of this requirement would be a material breach of th | | equirement, and that breach of this requirement would be a material breach of th |
| e Terms. To provide this opportunity, before commencing any arbitration, proceed | | e Terms. To provide this opportunity, before commencing any arbitration, proceed |
| ing in small claims court, or lawsuit (when permitted by this arbitration agreem | | ing in small claims court, or lawsuit (when permitted by this arbitration agreem |
| ent), each party agrees to send to the other party a written Notice (“Notice”) a | | ent), each party agrees to send to the other party a written Notice (“Notice”) a |
| nd personally meet and confer to informally resolve any Dispute. Any Notice to t | | nd personally meet and confer to informally resolve any Dispute. Any Notice to t |
| he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 | | he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 |
| 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile | | 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile |
| d to the address on file for your account. The Notice must: (i) include your nam | | d to the address on file for your account. The Notice must: (i) include your nam |
| e, mailing address, $Cashtag, email address and phone number associated with you | | e, mailing address, $Cashtag, email address and phone number associated with you |
| r account; (ii) provide detailed information sufficient to evaluate the merits o | | r account; (ii) provide detailed information sufficient to evaluate the merits o |
| f the claiming party’s individualized claim and for the other party to determine | | f the claiming party’s individualized claim and for the other party to determine |
| if an amicable resolution is possible; (iii) set forth the specific relief soug | | if an amicable resolution is possible; (iii) set forth the specific relief soug |
| ht, including an accurate, good-faith calculation of the amount in controversy, | | ht, including an accurate, good-faith calculation of the amount in controversy, |
| enumerated in United States Dollars, including whatever amount of money is deman | | enumerated in United States Dollars, including whatever amount of money is deman |
| ded and the means by which the demanding party calculated the claimed damages; a | | ded and the means by which the demanding party calculated the claimed damages; a |
| nd (iv) be personally signed by you or the Company, as applicable. A Notice is o | | nd (iv) be personally signed by you or the Company, as applicable. A Notice is o |
| nly valid when it pertains to, and is on behalf of, an individual party. A Notic | | nly valid when it pertains to, and is on behalf of, an individual party. A Notic |
| e brought on behalf of multiple parties is invalid as to all. Both parties agree | | e brought on behalf of multiple parties is invalid as to all. Both parties agree |
| that they will attempt to resolve a Dispute through an informal negotiation wit | | that they will attempt to resolve a Dispute through an informal negotiation wit |
| hin sixty (60) days from the date the Notice is received, and you and the Compan | | hin sixty (60) days from the date the Notice is received, and you and the Compan |
| y therefore agree that, before either you or the Company demands or attempts to | | y therefore agree that, before either you or the Company demands or attempts to |
| commence arbitration or litigation (where permitted) against the other, both par | | commence arbitration or litigation (where permitted) against the other, both par |
| ties will personally meet and confer, via telephone or videoconference, with eac | | ties will personally meet and confer, via telephone or videoconference, with eac |
| h other in a good-faith effort to resolve informally any Dispute. These informal | | h other in a good-faith effort to resolve informally any Dispute. These informal |
| resolution conferences shall be individualized such that a separate conference | | resolution conferences shall be individualized such that a separate conference |
| must be held each time either party intends to commence individual arbitration o | | must be held each time either party intends to commence individual arbitration o |
| r litigation (where permitted); multiple parties initiating claims cannot partic | | r litigation (where permitted); multiple parties initiating claims cannot partic |
| ipate in the same informal resolution conference, unless mutually agreed to by t | | ipate in the same informal resolution conference, unless mutually agreed to by t |
| he parties. If you are represented by counsel, your counsel may participate in t | | he parties. If you are represented by counsel, your counsel may participate in t |
| he conference, but you shall also fully participate in the conference. Engaging | | he conference, but you shall also fully participate in the conference. Engaging |
| in an informal resolution conference is a requirement that must be fulfilled bef | | in an informal resolution conference is a requirement that must be fulfilled bef |
| ore commencing arbitration or litigation (where permitted). Any statute of limit | | ore commencing arbitration or litigation (where permitted). Any statute of limit |
| ations shall be tolled while the parties engage in the informal resolution proce | | ations shall be tolled while the parties engage in the informal resolution proce |
| ss required by this paragraph. | | ss required by this paragraph. |
| After that sixty (60) day period and not before, and after the informal resoluti | | After that sixty (60) day period and not before, and after the informal resoluti |
| on conference has occurred and not before, either party may elect, in a written | | on conference has occurred and not before, either party may elect, in a written |
| Notice to the other party as described above, that it will pursue the matter eit | | Notice to the other party as described above, that it will pursue the matter eit |
| her through small claims court or arbitration. The party receiving the notice sh | | her through small claims court or arbitration. The party receiving the notice sh |
| all then have seven (7) days to respond, including to elect for the case to be h | | all then have seven (7) days to respond, including to elect for the case to be h |
| eard by a small claims court with jurisdiction. After that seven (7) day period | | eard by a small claims court with jurisdiction. After that seven (7) day period |
| and not before, either party may commence arbitration if not proceeding in small | | and not before, either party may commence arbitration if not proceeding in small |
| claims court with jurisdiction. You agree that compliance with the informal res | | claims court with jurisdiction. You agree that compliance with the informal res |
| olution process described above is a condition precedent to commencing arbitrati | | olution process described above is a condition precedent to commencing arbitrati |
| on or filing a claim in small claims court. A party’s failure to satisfy this co | | on or filing a claim in small claims court. A party’s failure to satisfy this co |
| ndition precedent entitles the opposing party to seek immediate dismissal of the | | ndition precedent entitles the opposing party to seek immediate dismissal of the |
| arbitration or litigation (where permitted) and the right to seek reimbursement | | arbitration or litigation (where permitted) and the right to seek reimbursement |
| of its costs. If either party elects small claims court, the Dispute will be re | | of its costs. If either party elects small claims court, the Dispute will be re |
| solved in that forum and not through arbitration. Each party agrees that state c | | solved in that forum and not through arbitration. Each party agrees that state c |
| ourts in the City of Oakland and County of Alameda, California, or federal court | | ourts in the City of Oakland and County of Alameda, California, or federal court |
| for the Northern District of California, referenced below, may enter injunctive | | for the Northern District of California, referenced below, may enter injunctive |
| relief to enforce the pre-filing requirements of this paragraph, including an i | | relief to enforce the pre-filing requirements of this paragraph, including an i |
| njunction to stay an arbitration that has been commenced in violation of this pa | | njunction to stay an arbitration that has been commenced in violation of this pa |
| ragraph. Each party also agrees that state courts in the City of Oakland and Cou | | ragraph. Each party also agrees that state courts in the City of Oakland and Cou |
| nty of Alameda, California, or federal court for the Northern District of Califo | | nty of Alameda, California, or federal court for the Northern District of Califo |
| rnia may address whether a claim filed in small claims court or in arbitration h | | rnia may address whether a claim filed in small claims court or in arbitration h |
| as been previously released. | | as been previously released. |
| Scope of Arbitration. If we and you are not able to resolve the Dispute by infor | | Scope of Arbitration. If we and you are not able to resolve the Dispute by infor |
| mal negotiation or, as provided below, in a small claims court, all Disputes wil | | mal negotiation or, as provided below, in a small claims court, all Disputes wil |
| l be resolved finally and exclusively by binding individual arbitration with a s | | l be resolved finally and exclusively by binding individual arbitration with a s |
| ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med | | ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med |
| iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules | | iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules |
| and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitr | | and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitr |
| ation Filings (together, the “NAM Rules”), and this Section. In the event NAM is | | ation Filings (together, the “NAM Rules”), and this Section. In the event NAM is |
| unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 | | unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 |
| to request that a court appoint the Arbitrator. Except as set forth above, and | | to request that a court appoint the Arbitrator. Except as set forth above, and |
| for Disputes subject to jurisdiction in small claims court, the Arbitrator shall | | for Disputes subject to jurisdiction in small claims court, the Arbitrator shall |
| be responsible for determining all threshold arbitrability issues, including is | | be responsible for determining all threshold arbitrability issues, including is |
| sues relating to whether the Cash App Terms (or any aspect thereof) are enforcea | | sues relating to whether the Cash App Terms (or any aspect thereof) are enforcea |
| ble, unconscionable or illusory and any defense to arbitration, including waiver | | ble, unconscionable or illusory and any defense to arbitration, including waiver |
| , delay, laches, or estoppel. | | , delay, laches, or estoppel. |
| Small Claims Court. Subject to applicable jurisdictional requirements, either pa | | Small Claims Court. Subject to applicable jurisdictional requirements, either pa |
| rty may elect to pursue a Dispute in a local small-claims court rather than thro | | rty may elect to pursue a Dispute in a local small-claims court rather than thro |
| ugh arbitration so long as the matter remains in small claims court and proceeds | | ugh arbitration so long as the matter remains in small claims court and proceeds |
| only on an individual basis. If a party has already submitted an arbitration de | | only on an individual basis. If a party has already submitted an arbitration de |
| mand to the arbitration provider but before an Arbitrator has been selected, and | | mand to the arbitration provider but before an Arbitrator has been selected, and |
| the claim is subject to the jurisdiction of the filing party’s local small clai | | the claim is subject to the jurisdiction of the filing party’s local small clai |
| ms court, the other party can send a written notice to the opposing party and th | | ms court, the other party can send a written notice to the opposing party and th |
| e arbitration provider requesting that the Dispute be decided in small claims co | | e arbitration provider requesting that the Dispute be decided in small claims co |
| urt. Upon receipt of such notice, and if all outstanding arbitration service fee | | urt. Upon receipt of such notice, and if all outstanding arbitration service fee |
| s have been paid, the arbitration provider shall then administratively close the | | s have been paid, the arbitration provider shall then administratively close the |
| case. | | case. |
| Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including | | Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including |
| its procedural provisions, fully applies. So long as it is consistent with the | | its procedural provisions, fully applies. So long as it is consistent with the |
| NAM Rules, the arbitration shall occur through the submission of documents to on | | NAM Rules, the arbitration shall occur through the submission of documents to on |
| e Arbitrator. To the extent the Arbitrator determines a hearing is required, the | | e Arbitrator. To the extent the Arbitrator determines a hearing is required, the |
| arbitration shall be conducted remotely by telephone or video conference. To th | | arbitration shall be conducted remotely by telephone or video conference. To th |
| e extent that the Arbitrator determines that an in-person hearing is required, t | | e extent that the Arbitrator determines that an in-person hearing is required, t |
| he arbitration hearing will take place as close to your hometown as practicable. | | he arbitration hearing will take place as close to your hometown as practicable. |
| You and the Company will have the right to file early or summary dispositive mo | | You and the Company will have the right to file early or summary dispositive mo |
| tions. The Arbitrator’s award will be binding on the parties and may be entered | | tions. The Arbitrator’s award will be binding on the parties and may be entered |
| as a judgment in any court of competent jurisdiction. The Company values your pr | | as a judgment in any court of competent jurisdiction. The Company values your pr |
| ivacy, particularly with respect to your financial transactions and data. Each o | | ivacy, particularly with respect to your financial transactions and data. Each o |
| f the parties shall maintain the confidential nature of the arbitration and shal | | f the parties shall maintain the confidential nature of the arbitration and shal |
| l not (without the prior written consent of the other party) disclose to any thi | | l not (without the prior written consent of the other party) disclose to any thi |
| rd party the fact, existence, content, award, or other result of the arbitration | | rd party the fact, existence, content, award, or other result of the arbitration |
| , except as may be necessary to enforce, enter, or challenge such award in a cou | | , except as may be necessary to enforce, enter, or challenge such award in a cou |
| rt of competent jurisdiction or as otherwise required by applicable law. While a | | rt of competent jurisdiction or as otherwise required by applicable law. While a |
| n Arbitrator may award declaratory or injunctive relief, the Arbitrator may do s | | n Arbitrator may award declaratory or injunctive relief, the Arbitrator may do s |
| o only with respect to the individual party seeking relief and only to the exten | | o only with respect to the individual party seeking relief and only to the exten |
| t necessary to provide relief warranted by the individual party’s claim. The Arb | | t necessary to provide relief warranted by the individual party’s claim. The Arb |
| itrator’s decision and judgment thereon will not have a precedential or collater | | itrator’s decision and judgment thereon will not have a precedential or collater |
| al estoppel effect with respect to disputes involving other parties. | | al estoppel effect with respect to disputes involving other parties. |
| n | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five | n | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five |
| (25) or more similar individual arbitration demands are brought against you or | | (25) or more similar individual arbitration demands are brought against you or |
| us by or with the assistance of the same or coordinated counsel or entities (“Ma | | us by or with the assistance of the same or coordinated counsel or entities (“Ma |
| ss Proceeding”), the parties shall select twelve (12) individual arbitration dem | | ss Proceeding”), the parties shall select twelve (12) individual arbitration dem |
| ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | | ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). |
| The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parti | | The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parti |
| es’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules a | | es’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules a |
| nd this Section XXII.20, to be part of a Mass Proceeding. While the Bellwether A | | nd this Section XXIII.20, to be part of a Mass Proceeding. While the Bellwether |
| rbitrations are adjudicated, all other demands for arbitration that are part of | | Arbitrations are adjudicated, all other demands for arbitration that are part of |
| the Mass Proceeding shall be held in abeyance and stayed, and no party shall be | | the Mass Proceeding shall be held in abeyance and stayed, and no party shall be |
| responsible for paying any administrator or arbitrator fees (other than the arbi | | responsible for paying any administrator or arbitrator fees (other than the arb |
| tration provider’s initial filing/administrative fees, and Procedural Arbitrator | | itration provider’s initial filing/administrative fees, and Procedural Arbitrato |
| fees, if applicable) with respect to such stayed demands while the Bellwether A | | r fees, if applicable) with respect to such stayed demands while the Bellwether |
| rbitrations are adjudicated. Any applicable statute of limitations shall be toll | | Arbitrations are adjudicated. Any applicable statute of limitations shall be tol |
| ed as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitratio | | led as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrati |
| ns are held in abeyance. The tolling period will begin when the claimant first p | | ons are held in abeyance. The tolling period will begin when the claimant first |
| rovided the Notice of its intent to initiate an informal resolution conference a | | provided the Notice of its intent to initiate an informal resolution conference |
| s described above. | | as described above. |
| Any party may request, within five (5) Business Days of being notified by the ar | | Any party may request, within five (5) Business Days of being notified by the ar |
| bitration provider that arbitration demand(s) have been filed, that the arbitrat | | bitration provider that arbitration demand(s) have been filed, that the arbitrat |
| ion provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to d | | ion provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to d |
| etermine initial questions that arise in the Bellwether Arbitrations, including | | etermine initial questions that arise in the Bellwether Arbitrations, including |
| whether the Bellwether Arbitration procedures are applicable or enforceable, whe | | whether the Bellwether Arbitration procedures are applicable or enforceable, whe |
| ther any particular demand is part of a Mass Proceeding, and whether any particu | | ther any particular demand is part of a Mass Proceeding, and whether any particu |
| lar demand within a Mass Proceeding was filed in accordance with this Section XX | | lar demand within a Mass Proceeding was filed in accordance with this Section XX |
| II.20. To expedite the Procedural Arbitrator’s resolution of any such initial qu | | III.20. To expedite the Procedural Arbitrator’s resolution of any such initial q |
| estions, the parties agree that the Procedural Arbitrator may set forth such pro | | uestions, the parties agree that the Procedural Arbitrator may set forth such pr |
| cedures as are necessary to resolve any such initial questions promptly. The Com | | ocedures as are necessary to resolve any such initial questions promptly. The Co |
| pany shall pay the Procedural Arbitrator’s costs. | | mpany shall pay the Procedural Arbitrator’s costs. |
| All parties agree that the Bellwether Arbitration procedures are designed to be | | All parties agree that the Bellwether Arbitration procedures are designed to be |
| a generally faster, more efficient, and more affordable mechanism for resolving | | a generally faster, more efficient, and more affordable mechanism for resolving |
| a Mass Proceeding, including the claims of individual parties who are not select | | a Mass Proceeding, including the claims of individual parties who are not select |
| ed for a Bellwether Arbitration. All parties shall work in good faith with the A | | ed for a Bellwether Arbitration. All parties shall work in good faith with the A |
| rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi | | rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi |
| n one hundred and twenty (120) calendar days of its initial pre-hearing conferen | | n one hundred and twenty (120) calendar days of its initial pre-hearing conferen |
| ce. | | ce. |
| n | Following resolution of the Bellwether Arbitrations, all parties agree to engage | n | Following resolution of the Bellwether Arbitrations, all parties agree to engage |
| in a mediation of all remaining arbitration demands comprising the Mass Proceed | | in a mediation of all remaining arbitration demands comprising the Mass Proceed |
| ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered | | ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered |
| by the arbitration provider. If the parties are unable to resolve the remaining | | by the arbitration provider. If the parties are unable to resolve the remaining |
| demands for arbitration comprising the Mass Proceeding within thirty (30) calen | | demands for arbitration comprising the Mass Proceeding within thirty (30) calen |
| dar days following the Bellwether Mediation, the remaining demands for arbitrati | | dar days following the Bellwether Mediation, the remaining demands for arbitrati |
| on comprising the Mass Proceeding shall be administered by the arbitration provi | | on comprising the Mass Proceeding shall be administered by the arbitration provi |
| der on an individual basis pursuant to the arbitration provider’s rules and this | | der on an individual basis pursuant to the arbitration provider’s rules and this |
| Section XXII.20, unless the parties mutually agree otherwise in writing. | | Section XXIII.20, unless the parties mutually agree otherwise in writing. |
| All parties agree to cooperate in good faith with the arbitration provider to im | | All parties agree to cooperate in good faith with the arbitration provider to im |
| plement the Bellwether Arbitration procedures, including deferring any costs ass | | plement the Bellwether Arbitration procedures, including deferring any costs ass |
| ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe | | ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe |
| r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate | | r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate |
| on any steps to minimize the time and costs of arbitration, which may include t | | on any steps to minimize the time and costs of arbitration, which may include t |
| he appointment of a discovery special master to assist the arbitrator in the res | | he appointment of a discovery special master to assist the arbitrator in the res |
| olution of discovery disputes and the adoption of an expedited calendar of the a | | olution of discovery disputes and the adoption of an expedited calendar of the a |
| rbitration proceedings. | | rbitration proceedings. |
| n | These Bellwether Arbitration procedures shall in no way be interpreted as author | n | These Bellwether Arbitration procedures shall in no way be interpreted as author |
| izing a class, collective, or mass action of any kind, or an arbitration involvi | | izing a class, collective, or mass action of any kind, or an arbitration involvi |
| ng joint or consolidated claims under any circumstances, except as expressly set | | ng joint or consolidated claims under any circumstances, except as expressly set |
| forth in this Section XXII.20. | | forth in this Section XXIII.20. |
| Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb | | Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb |
| itration (either you or us) is responsible for paying the applicable filing fee. | | itration (either you or us) is responsible for paying the applicable filing fee. |
| For purposes of this arbitration agreement, references to you and the Company a | | For purposes of this arbitration agreement, references to you and the Company a |
| lso include respective subsidiaries, affiliates, agents, employees, predecessors | | lso include respective subsidiaries, affiliates, agents, employees, predecessors |
| , successors and assigns as well as authorized users or beneficiaries of the Ser | | , successors and assigns as well as authorized users or beneficiaries of the Ser |
| vices. | | vices. |
| Opt Out. You may reject this arbitration agreement, in which case only a court m | | Opt Out. You may reject this arbitration agreement, in which case only a court m |
| ay be used to resolve any Dispute. To reject this agreement, you must send us an | | ay be used to resolve any Dispute. To reject this agreement, you must send us an |
| opt-out notice (the “Opt Out”) within thirty (30) days after you first create a | | opt-out notice (the “Opt Out”) within thirty (30) days after you first create a |
| Cash App Account, or for existing customers who agree to this as a terms update | | Cash App Account, or for existing customers who agree to this as a terms update |
| , within thirty (30) days of agreeing to such updated terms. The Opt Out must be | | , within thirty (30) days of agreeing to such updated terms. The Opt Out must be |
| mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, O | | mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, O |
| akland, 94612 (please note that any correspondence not related to opting out sen | | akland, 94612 (please note that any correspondence not related to opting out sen |
| t to this address will not receive a reply). For your convenience, we are provid | | t to this address will not receive a reply). For your convenience, we are provid |
| ing an opt out notice form you must fill in to Opt Out. You must complete this f | | ing an opt out notice form you must fill in to Opt Out. You must complete this f |
| orm by providing your name, address, $Cashtag, phone number and the email addres | | orm by providing your name, address, $Cashtag, phone number and the email addres |
| s(es) you used to sign up for and use the Services. This is the only way of opti | | s(es) you used to sign up for and use the Services. This is the only way of opti |
| ng out of this arbitration agreement. Opting out will not affect any other aspec | | ng out of this arbitration agreement. Opting out will not affect any other aspec |
| t of the Cash App Terms, Additional Terms, or the Services, and will have no eff | | t of the Cash App Terms, Additional Terms, or the Services, and will have no eff |
| ect on any future agreements you may reach to arbitrate with us. An Opt Out that | | ect on any future agreements you may reach to arbitrate with us. An Opt Out that |
| purports to opt out multiple parties will be invalid as to all such parties. No | | purports to opt out multiple parties will be invalid as to all such parties. No |
| individual party (or their agent, representative, or group of agents or represe | | individual party (or their agent, representative, or group of agents or represe |
| ntatives) may effectuate an Opt Out on behalf of other individual parties. | | ntatives) may effectuate an Opt Out on behalf of other individual parties. |
| Court Proceedings. Subject to and without waiver of the arbitration provisions a | | Court Proceedings. Subject to and without waiver of the arbitration provisions a |
| bove, you agree that any judicial proceedings (other than small claims actions a | | bove, you agree that any judicial proceedings (other than small claims actions a |
| s discussed above) will be brought in and you hereby consent to the exclusive ju | | s discussed above) will be brought in and you hereby consent to the exclusive ju |
| risdiction and venue in the state courts in the City of Oakland and County of Al | | risdiction and venue in the state courts in the City of Oakland and County of Al |
| ameda, California, or federal court for the Northern District of California. | | ameda, California, or federal court for the Northern District of California. |
| If you are a customer with a Cash App Business Account, this arbitration provisi | | If you are a customer with a Cash App Business Account, this arbitration provisi |
| on applies to you: | | on applies to you: |
| n | General. You and the Company agree that any and all Disputes, except those that | n | General. You and the Company agree that any and all Disputes, except those that |
| are resolved informally or brought in a small claims court, will be individually | | are resolved informally or brought in a small claims court, will be individually |
| arbitrated by a neutral arbitrator who has the power to award the same individu | | arbitrated by a neutral arbitrator who has the power to award the same individu |
| al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE G | | al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE G |
| ENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTI | | ENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTI |
| ONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRAT | | ONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRAT |
| IONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY | | IONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY |
| AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. No | | AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. No |
| thing in this agreement prevents you or the Company from settling Disputes on a | | thing in this agreement prevents you or the Company from settling Disputes on a |
| class, representative, or consolidated basis. If any term of this arbitration ag | | class, representative, or consolidated basis. If any term of this arbitration ag |
| reement in Section XXII.20 is found unenforceable, including the Bellwether Arbi | | reement in Section XXIII.20 is found unenforceable, including the Bellwether Arb |
| tration procedures described below, the unenforceable term will be severed, and | | itration procedures described below, the unenforceable term will be severed, and |
| the remaining terms will be enforced (but in no case will there be a class actio | | the remaining terms will be enforced (but in no case will there be a class acti |
| n, consolidated action, mass action or representative action arbitration). | | on, consolidated action, mass action or representative action arbitration). |
| Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is | | Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is |
| commenced, you and the Company agree to attempt to avoid the costs of formal dis | | commenced, you and the Company agree to attempt to avoid the costs of formal dis |
| pute resolution by giving each other a full and fair opportunity to address and | | pute resolution by giving each other a full and fair opportunity to address and |
| resolve a Dispute informally. Both parties recognize that this is an important r | | resolve a Dispute informally. Both parties recognize that this is an important r |
| equirement, and that breach of this requirement would be a material breach of th | | equirement, and that breach of this requirement would be a material breach of th |
| e Terms. To provide this opportunity, before commencing any arbitration, proceed | | e Terms. To provide this opportunity, before commencing any arbitration, proceed |
| ing in small claims court, or lawsuit (when permitted by this arbitration agreem | | ing in small claims court, or lawsuit (when permitted by this arbitration agreem |
| ent), each party agrees to send to the other party a written Notice (“Notice”) a | | ent), each party agrees to send to the other party a written Notice (“Notice”) a |
| nd personally meet and confer to informally resolve any Dispute. Any Notice to t | | nd personally meet and confer to informally resolve any Dispute. Any Notice to t |
| he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 | | he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 |
| 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile | | 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile |
| d to the address on file for your account. The Notice must: (i) include your nam | | d to the address on file for your account. The Notice must: (i) include your nam |
| e, mailing address, $Cashtag, and the email address and phone number associated | | e, mailing address, $Cashtag, and the email address and phone number associated |
| with your account, and; (ii) provide detailed information sufficient to evaluate | | with your account, and; (ii) provide detailed information sufficient to evaluate |
| the merits of the claiming party’s individualized claim and for the other party | | the merits of the claiming party’s individualized claim and for the other party |
| to determine if an amicable resolution is possible; (iii) set forth the specifi | | to determine if an amicable resolution is possible; (iii) set forth the specifi |
| c relief sought, including an accurate, good-faith calculation of the amount in | | c relief sought, including an accurate, good-faith calculation of the amount in |
| controversy, enumerated in United States Dollars, including whatever amount of m | | controversy, enumerated in United States Dollars, including whatever amount of m |
| oney is demanded and the means by which the demanding party calculated the claim | | oney is demanded and the means by which the demanding party calculated the claim |
| ed damages; and (iv) be personally signed by you or the Company, as applicable. | | ed damages; and (iv) be personally signed by you or the Company, as applicable. |
| A Notice is only valid when it pertains to, and is on behalf of, an individual p | | A Notice is only valid when it pertains to, and is on behalf of, an individual p |
| arty. A Notice brought on behalf of multiple parties is invalid as to all. Both | | arty. A Notice brought on behalf of multiple parties is invalid as to all. Both |
| parties agree that they will attempt to resolve a Dispute through an informal ne | | parties agree that they will attempt to resolve a Dispute through an informal ne |
| gotiation within sixty (60) days from the date the Notice is received, and you a | | gotiation within sixty (60) days from the date the Notice is received, and you a |
| nd the Company therefore agree that, before either you or the Company demands or | | nd the Company therefore agree that, before either you or the Company demands or |
| attempts to commence arbitration or litigation (where permitted) against the ot | | attempts to commence arbitration or litigation (where permitted) against the ot |
| her, both parties will personally meet and confer, via telephone or videoconfere | | her, both parties will personally meet and confer, via telephone or videoconfere |
| nce, with each other in a good-faith effort to resolve informally any Dispute. T | | nce, with each other in a good-faith effort to resolve informally any Dispute. T |
| hese informal resolution conferences shall be individualized such that a separat | | hese informal resolution conferences shall be individualized such that a separat |
| e conference must be held each time either party intends to commence individual | | e conference must be held each time either party intends to commence individual |
| arbitration or litigation (where permitted); multiple parties initiating claims | | arbitration or litigation (where permitted); multiple parties initiating claims |
| cannot participate in the same informal resolution conference, unless mutually a | | cannot participate in the same informal resolution conference, unless mutually a |
| greed to by the parties. If you are represented by counsel, your counsel may par | | greed to by the parties. If you are represented by counsel, your counsel may par |
| ticipate in the conference, but you shall also fully participate in the conferen | | ticipate in the conference, but you shall also fully participate in the conferen |
| ce. Engaging in an informal resolution conference is a requirement that must be | | ce. Engaging in an informal resolution conference is a requirement that must be |
| fulfilled before commencing arbitration or litigation (where permitted). Any sta | | fulfilled before commencing arbitration or litigation (where permitted). Any sta |
| tute of limitations shall be tolled while the parties engage in the informal res | | tute of limitations shall be tolled while the parties engage in the informal res |
| olution process required by this paragraph. | | olution process required by this paragraph. |
| After that sixty (60) day period and not before, and after the informal resoluti | | After that sixty (60) day period and not before, and after the informal resoluti |
| on conference has occurred and not before, either party may elect, in a written | | on conference has occurred and not before, either party may elect, in a written |
| Notice to the other party as described above, that it will pursue the matter eit | | Notice to the other party as described above, that it will pursue the matter eit |
| her through small claims court or arbitration. The party receiving the notice sh | | her through small claims court or arbitration. The party receiving the notice sh |
| all then have seven (7) days to respond, including to elect for the case to be h | | all then have seven (7) days to respond, including to elect for the case to be h |
| eard by a small claims court with jurisdiction. After that seven (7) day period | | eard by a small claims court with jurisdiction. After that seven (7) day period |
| and not before, either party may commence arbitration if not proceeding in small | | and not before, either party may commence arbitration if not proceeding in small |
| claims court with jurisdiction. You agree that compliance with the informal res | | claims court with jurisdiction. You agree that compliance with the informal res |
| olution process described above is a condition precedent to commencing arbitrati | | olution process described above is a condition precedent to commencing arbitrati |
| on or filing a claim in small claims court. A party’s failure to satisfy this co | | on or filing a claim in small claims court. A party’s failure to satisfy this co |
| ndition precedent entitles the opposing party to seek immediate dismissal of the | | ndition precedent entitles the opposing party to seek immediate dismissal of the |
| arbitration or litigation (where permitted) and the right to seek reimbursement | | arbitration or litigation (where permitted) and the right to seek reimbursement |
| for its costs. If either party elects small claims court, the Dispute will be r | | for its costs. If either party elects small claims court, the Dispute will be r |
| esolved in that forum and not through arbitration. Each party agrees that state | | esolved in that forum and not through arbitration. Each party agrees that state |
| courts in the City of Oakland and County of Alameda, California, or federal cour | | courts in the City of Oakland and County of Alameda, California, or federal cour |
| t for the Northern District of California, referenced below, may enter injunctiv | | t for the Northern District of California, referenced below, may enter injunctiv |
| e relief to enforce the pre-filing requirements of this paragraph, including an | | e relief to enforce the pre-filing requirements of this paragraph, including an |
| injunction to stay an arbitration that has been commenced in violation of this p | | injunction to stay an arbitration that has been commenced in violation of this p |
| aragraph. Each party also agrees that state courts in the City of Oakland and Co | | aragraph. Each party also agrees that state courts in the City of Oakland and Co |
| unty of Alameda, California, or federal court for the Northern District of Calif | | unty of Alameda, California, or federal court for the Northern District of Calif |
| ornia may address whether a claim filed in small claims court or in arbitration | | ornia may address whether a claim filed in small claims court or in arbitration |
| has been previously released. | | has been previously released. |
| Scope of Arbitration. If we and you are not able to resolve the Dispute by infor | | Scope of Arbitration. If we and you are not able to resolve the Dispute by infor |
| mal negotiation or, as provided below, in a small claims court, all Disputes wil | | mal negotiation or, as provided below, in a small claims court, all Disputes wil |
| l be resolved finally and exclusively by binding individual arbitration with a s | | l be resolved finally and exclusively by binding individual arbitration with a s |
| ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med | | ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med |
| iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules | | iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules |
| and Procedures (the “NAM Rules”), and this Section. In the event NAM is unavail | | and Procedures (the “NAM Rules”), and this Section. In the event NAM is unavail |
| able to administer the arbitration, either party may invoke 9 U.S.C. § 5 to requ | | able to administer the arbitration, either party may invoke 9 U.S.C. § 5 to requ |
| est that a court appoint the Arbitrator. Except as set forth above, and for Disp | | est that a court appoint the Arbitrator. Except as set forth above, and for Disp |
| utes subject to jurisdiction in small claims court, the Arbitrator shall be resp | | utes subject to jurisdiction in small claims court, the Arbitrator shall be resp |
| onsible for determining all threshold arbitrability issues, including issues rel | | onsible for determining all threshold arbitrability issues, including issues rel |
| ating to whether the Terms (or any aspect thereof) are enforceable, unconscionab | | ating to whether the Terms (or any aspect thereof) are enforceable, unconscionab |
| le or illusory and any defense to arbitration, including waiver, delay, laches, | | le or illusory and any defense to arbitration, including waiver, delay, laches, |
| or estoppel. | | or estoppel. |
| Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including | | Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including |
| its procedural provisions, fully applies. So long as it is consistent with the | | its procedural provisions, fully applies. So long as it is consistent with the |
| NAM Rules, the arbitration shall occur through the submission of documents to on | | NAM Rules, the arbitration shall occur through the submission of documents to on |
| e Arbitrator. To the extent the Arbitrator determines that a hearing is required | | e Arbitrator. To the extent the Arbitrator determines that a hearing is required |
| , the arbitration shall be conducted remotely by telephone or video conference. | | , the arbitration shall be conducted remotely by telephone or video conference. |
| To the extent that the Arbitrator determines that an in-person hearing is requir | | To the extent that the Arbitrator determines that an in-person hearing is requir |
| ed, the arbitration hearing will take place as close to your hometown as practic | | ed, the arbitration hearing will take place as close to your hometown as practic |
| able. You and the Company will have the right to file early or summary dispositi | | able. You and the Company will have the right to file early or summary dispositi |
| ve motions. The Arbitrator’s award will be binding on the parties and may be ent | | ve motions. The Arbitrator’s award will be binding on the parties and may be ent |
| ered as a judgment in any court of competent jurisdiction. The Company values yo | | ered as a judgment in any court of competent jurisdiction. The Company values yo |
| ur privacy, particularly with respect to your financial transactions and data. E | | ur privacy, particularly with respect to your financial transactions and data. E |
| ach of the parties shall maintain the confidential nature of the arbitration and | | ach of the parties shall maintain the confidential nature of the arbitration and |
| shall not (without the prior written consent of the other party) disclose to an | | shall not (without the prior written consent of the other party) disclose to an |
| y third party the fact, existence, content, award, or other result of the arbitr | | y third party the fact, existence, content, award, or other result of the arbitr |
| ation, except as may be necessary to enforce, enter, or challenge such award in | | ation, except as may be necessary to enforce, enter, or challenge such award in |
| a court of competent jurisdiction or as otherwise required by applicable law. Wh | | a court of competent jurisdiction or as otherwise required by applicable law. Wh |
| ile an Arbitrator may award declaratory or injunctive relief, the Arbitrator may | | ile an Arbitrator may award declaratory or injunctive relief, the Arbitrator may |
| do so only with respect to the individual party seeking relief and only to the | | do so only with respect to the individual party seeking relief and only to the |
| extent necessary to provide relief warranted by the individual party’s claim. Th | | extent necessary to provide relief warranted by the individual party’s claim. Th |
| e Arbitrator’s decision and judgment thereon will not have a precedential or col | | e Arbitrator’s decision and judgment thereon will not have a precedential or col |
| lateral estoppel effect with respect to disputes involving other parties. | | lateral estoppel effect with respect to disputes involving other parties. |
| Bellwether Arbitration Procedures. You and the Company agree that if twenty-five | | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five |
| (25) or more similar individual arbitration demands are brought against you or | | (25) or more similar individual arbitration demands are brought against you or |
| us by or with the assistance of the same or coordinated counsel or entities (“Ma | | us by or with the assistance of the same or coordinated counsel or entities (“Ma |
| ss Proceeding”), the parties shall select twelve (12) individual arbitration dem | | ss Proceeding”), the parties shall select twelve (12) individual arbitration dem |
| ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | | ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). |
| The determination of whether or not a demand/demands is/are part of a “Mass Proc | | The determination of whether or not a demand/demands is/are part of a “Mass Proc |
| eeding” is in the arbitration provider’s sole discretion; however, either party | | eeding” is in the arbitration provider’s sole discretion; however, either party |
| can request the appointment of a Procedural Arbitrator (as described below) if t | | can request the appointment of a Procedural Arbitrator (as described below) if t |
| hey do not agree with the arbitration provider’s determination. | | hey do not agree with the arbitration provider’s determination. |
| While the Bellwether Arbitrations are adjudicated, all other demands for arbitra | | While the Bellwether Arbitrations are adjudicated, all other demands for arbitra |
| tion that are part of the Mass Proceeding shall be held in abeyance and stayed, | | tion that are part of the Mass Proceeding shall be held in abeyance and stayed, |
| and no party shall be responsible for paying any administrator or arbitrator fee | | and no party shall be responsible for paying any administrator or arbitrator fee |
| s (other than the arbitration provider’s initial filing/administrative fees, and | | s (other than the arbitration provider’s initial filing/administrative fees, and |
| Procedural Arbitrator fees, if applicable) with respect to such stayed demands | | Procedural Arbitrator fees, if applicable) with respect to such stayed demands |
| while the Bellwether Arbitrations are adjudicated. Any applicable statute of lim | | while the Bellwether Arbitrations are adjudicated. Any applicable statute of lim |
| itations shall be tolled as to non-Bellwether Arbitrations demands when such non | | itations shall be tolled as to non-Bellwether Arbitrations demands when such non |
| -Bellwether Arbitrations are held in abeyance. The tolling period will begin whe | | -Bellwether Arbitrations are held in abeyance. The tolling period will begin whe |
| n the claimant first provided the Notice of its intent to initiate an informal r | | n the claimant first provided the Notice of its intent to initiate an informal r |
| esolution conference as described above. | | esolution conference as described above. |
| n | Any party may request, within five (5) Business Days of being notified by the ar | n | Any party may request, within five (5) Business Days of being notified by the ar |
| bitration provider that a Mass Proceeding exists, that the arbitration provider | | bitration provider that a Mass Proceeding exists, that the arbitration provider |
| appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine init | | appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine init |
| ial questions that arise in the Bellwether Arbitrations, including whether the B | | ial questions that arise in the Bellwether Arbitrations, including whether the B |
| ellwether Arbitration procedures are applicable or enforceable, whether any part | | ellwether Arbitration procedures are applicable or enforceable, whether any part |
| icular demand is part of a Mass Proceeding, and whether any particular demand wi | | icular demand is part of a Mass Proceeding, and whether any particular demand wi |
| thin a Mass Proceeding was filed in accordance with this Section XXII.20. To exp | | thin a Mass Proceeding was filed in accordance with this Section XXIII.20. To ex |
| edite the Procedural Arbitrator’s resolution of any such initial questions, the | | pedite the Procedural Arbitrator’s resolution of any such initial questions, the |
| parties agree that the Procedural Arbitrator may set forth such procedures as ar | | parties agree that the Procedural Arbitrator may set forth such procedures as a |
| e necessary to resolve any such initial questions promptly. The parties agree th | | re necessary to resolve any such initial questions promptly. The parties agree t |
| at procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution Ru | | hat procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution R |
| les and Procedures (available at https://www.namadr.com/resources/rules-fees-for | | ules and Procedures (available at https://www.namadr.com/resources/rules-fees-fo |
| ms/ shall apply to the appointment and conduct of the Procedural Arbitrator. The | | rms/ shall apply to the appointment and conduct of the Procedural Arbitrator. Th |
| Company shall pay the Procedural Arbitrator’s costs. | | e Company shall pay the Procedural Arbitrator’s costs. |
| All parties agree that the Bellwether Arbitration procedures are designed to be | | All parties agree that the Bellwether Arbitration procedures are designed to be |
| a generally faster, more efficient, and more affordable mechanism for resolving | | a generally faster, more efficient, and more affordable mechanism for resolving |
| a Mass Proceeding, including the claims of individual parties who are not select | | a Mass Proceeding, including the claims of individual parties who are not select |
| ed for a Bellwether Arbitration. All parties shall work in good faith with the A | | ed for a Bellwether Arbitration. All parties shall work in good faith with the A |
| rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi | | rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi |
| n one hundred and twenty (120) calendar days of its initial pre-hearing conferen | | n one hundred and twenty (120) calendar days of its initial pre-hearing conferen |
| ce. | | ce. |
| n | Following resolution of the Bellwether Arbitrations, all parties agree to engage | n | Following resolution of the Bellwether Arbitrations, all parties agree to engage |
| in a mediation of all remaining arbitration demands comprising the Mass Proceed | | in a mediation of all remaining arbitration demands comprising the Mass Proceed |
| ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered | | ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered |
| by the arbitration provider. If the parties are unable to resolve the remaining | | by the arbitration provider. If the parties are unable to resolve the remaining |
| demands for arbitration comprising the Mass Proceeding within thirty (30) calen | | demands for arbitration comprising the Mass Proceeding within thirty (30) calen |
| dar days following the Bellwether Mediation, the remaining demands for arbitrati | | dar days following the Bellwether Mediation, the remaining demands for arbitrati |
| on comprising the Mass Proceeding shall be administered by the arbitration provi | | on comprising the Mass Proceeding shall be administered by the arbitration provi |
| der on an individual basis pursuant to the arbitration provider’s rules and this | | der on an individual basis pursuant to the arbitration provider’s rules and this |
| Section XXII.20, unless the parties mutually agree otherwise in writing. | | Section XXIII.20, unless the parties mutually agree otherwise in writing. |
| All parties agree to cooperate in good faith with the arbitration provider to im | | All parties agree to cooperate in good faith with the arbitration provider to im |
| plement the Bellwether Arbitration procedures, including deferring any costs ass | | plement the Bellwether Arbitration procedures, including deferring any costs ass |
| ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe | | ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe |
| r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate | | r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate |
| on any steps to minimize the time and costs of arbitration, which may include t | | on any steps to minimize the time and costs of arbitration, which may include t |
| he appointment of a discovery special master to assist the Arbitrator in the res | | he appointment of a discovery special master to assist the Arbitrator in the res |
| olution of discovery disputes and the adoption of an expedited calendar of the a | | olution of discovery disputes and the adoption of an expedited calendar of the a |
| rbitration proceedings. | | rbitration proceedings. |
| t | These Bellwether Arbitration procedures shall in no way be interpreted as author | t | These Bellwether Arbitration procedures shall in no way be interpreted as author |
| izing a class, collective, or mass action of any kind, or an arbitration involvi | | izing a class, collective, or mass action of any kind, or an arbitration involvi |
| ng joint or consolidated claims under any circumstances, except as expressly set | | ng joint or consolidated claims under any circumstances, except as expressly set |
| forth in this Section XXII.20. | | forth in this Section XXIII.20. |
| Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb | | Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb |
| itration (either you or us) is responsible for paying the applicable filing fee. | | itration (either you or us) is responsible for paying the applicable filing fee. |
| You agree that you do not intend to use the Service for personal, family or hou | | You agree that you do not intend to use the Service for personal, family or hou |
| sehold use. Accordingly, for purposes of calculating any arbitration costs and f | | sehold use. Accordingly, for purposes of calculating any arbitration costs and f |
| ees, you and the Company agree that you are not a "consumer," and that the NAM C | | ees, you and the Company agree that you are not a "consumer," and that the NAM C |
| omprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referr | | omprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referr |
| ed to as Arbitrator Hearing Time) shall be split evenly between the parties. For | | ed to as Arbitrator Hearing Time) shall be split evenly between the parties. For |
| purposes of this arbitration agreement, references to you and the Company also | | purposes of this arbitration agreement, references to you and the Company also |
| include respective subsidiaries, affiliates, agents, employees, predecessors, su | | include respective subsidiaries, affiliates, agents, employees, predecessors, su |
| ccessors and assigns as well as authorized users or beneficiaries of the Service | | ccessors and assigns as well as authorized users or beneficiaries of the Service |
| s. | | s. |
| Opt Out. You may reject this arbitration agreement, in which case only a court m | | Opt Out. You may reject this arbitration agreement, in which case only a court m |
| ay be used to resolve any Dispute. To reject this agreement, you must send us an | | ay be used to resolve any Dispute. To reject this agreement, you must send us an |
| opt-out notice (the “Opt Out”) within thirty (30) days after you first create y | | opt-out notice (the “Opt Out”) within thirty (30) days after you first create y |
| our Account, or for existing customers who agree to this as a terms update, with | | our Account, or for existing customers who agree to this as a terms update, with |
| in thirty (30) days of agreeing to such updated terms. The Opt Out must be maile | | in thirty (30) days of agreeing to such updated terms. The Opt Out must be maile |
| d to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland | | d to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland |
| , 94612 (please note that any correspondence not related to opting out sent to t | | , 94612 (please note that any correspondence not related to opting out sent to t |
| his address will not receive a reply). For your convenience, we are providing an | | his address will not receive a reply). For your convenience, we are providing an |
| opt out notice form you must fill in to Opt Out. You must complete this form by | | opt out notice form you must fill in to Opt Out. You must complete this form by |
| providing your name, address, $Cashtag, phone number and the email address(es) | | providing your name, address, $Cashtag, phone number and the email address(es) |
| you used to sign up and use the Services. This is the only way of opting out of | | you used to sign up and use the Services. This is the only way of opting out of |
| this arbitration agreement. Opting out will not affect any other aspect of the T | | this arbitration agreement. Opting out will not affect any other aspect of the T |
| erms, Additional Terms, or the Services, and will have no effect on any future a | | erms, Additional Terms, or the Services, and will have no effect on any future a |
| greements you may reach to arbitrate with us. An Opt Out that purports to opt ou | | greements you may reach to arbitrate with us. An Opt Out that purports to opt ou |
| t multiple parties will be invalid as to all such parties. No individual party ( | | t multiple parties will be invalid as to all such parties. No individual party ( |
| or their agent, representative, or group of agents or representatives) may effec | | or their agent, representative, or group of agents or representatives) may effec |
| tuate an Opt Out on behalf of other individual parties. | | tuate an Opt Out on behalf of other individual parties. |
| Court Proceedings. Subject to and without waiver of the arbitration agreement ab | | Court Proceedings. Subject to and without waiver of the arbitration agreement ab |
| ove, you agree that any judicial proceedings (other than small claims actions as | | ove, you agree that any judicial proceedings (other than small claims actions as |
| discussed above) will be brought in and you hereby consent to the exclusive jur | | discussed above) will be brought in and you hereby consent to the exclusive jur |
| isdiction and venue in the state courts in the City of Oakland and County of Ala | | isdiction and venue in the state courts in the City of Oakland and County of Ala |
| meda, California, or federal court for the Northern District of California. | | meda, California, or federal court for the Northern District of California. |