Arbitration Agreement

Last Updated: 05/04/2026

Archies hopes that there will never be a need for either you (“You” or “Customer”) or Archies to resort to formal legal action to resolve a Dispute, as defined below.  We are committed to customer satisfaction and believe that, in most instances, Disputes can be resolved, informally, between Customer and us.  This is why we have implemented the Pre-Arbitration Notification process explained in Section II(A) below. 

However, in the unlikely event that a Dispute between Customer and Archies cannot be resolved informally and Customer has not timely opted-out of this agreement (“Arbitration Agreement”), both Customer and Archies agree to resolve the Dispute exclusively through individual arbitration.

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.

I. DEFINITIONS

In this document, capitalized words not otherwise defined have the meanings given to them in this Definitions section or otherwise defined throughout. The Definitions section also includes explanations for certain lowercase words.

“Arbitration Agreement” means this agreement and the terms included within it. 

“Company,” “we,” “our,” and “us” means and refers to Archies Footwear LLC and its predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, freelancers, directors, officers, and shareholders. 

“Dispute” means any dispute, claim, or controversy between you and us, including but not limited to disputes, claims, or controversies related to or arising from the Services, our Products, or these Terms or Other Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and/or the Other Terms.

“Laws” means all laws, rules, codes, statutes, ordinances, regulations, treaties, directives, and legal or regulatory requirements or guidance and agreements that apply to the Services or Content.

“Notice of Dispute” or “Notice” means a notice of Dispute from you to us. 

“Notice Address” means legals@archiesfootwear.com.au, to which a Notice of Dispute from you to us must be emailed. 

“Other Terms” means individually or collectively any other agreements, addenda, or terms entered into by you and Us including, but not limited to, the Terms of Service, Privacy Policy, Your Privacy Choices, Shipping Policy, Returns and Refunds Policy, Accessibility Statement, and Intellectual Property Statement. 

“Products” means all items made available for purchase through our Services.  

“Services” means the Site, and other websites, mobile applications and any other programming, tools, applications, technical products, features, software, games, experiences, advertising, marketing, or documentation provided by us and to which these Terms apply

“Site” means https://archiesfootwear.com/ and all subdomains thereof.

“Review” means a review about us or our products or services. 

“Terms” means these Terms of Service, as updated from time to time.

“You” or “you” means the person entering into this Arbitration Agreement with us.

II. MANDATORY DISPUTE-RESOLUTION PROCESS 

A. Mandatory Pre-Arbitration Notification Procedure 

We value your business and want to ensure your satisfaction. Therefore, you and we agree to attempt, in good faith, to resolve any Dispute arising out of or in any way related to this Arbitration Agreement, the Other Terms, the Services, the Productions, or any aspect of your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory prior to initiating the arbitration process (as outlined below).

To comply with this provision, you and we must:

  • Send written Notice to the other party at the addresses listed below 

    • Address for Archies: legals@archiesfootwear.com.au or, if you would prefer to mail your Notice, Archies Footwear, LLC, 8 Hutchins Way, Westford, MA 01886, ATTN: Legal 

    • Address for you: your email address or, if we are not in possession of a working email address for you, the physical address we have on file for you 

  • Include with the Notice the following information:

    • Full name

    • Contact Information

      • If sent by you, “contact information” means a way in which we can contact you (i.e., mailing address, email address, telephone number, etc.)

      • If sent bv us, “contact information” means a person at Archies that you can contact to discuss the Dispute

    • A description of the Dispute

    • Any documentation that supports the Dispute

  • Wait thirty (30 days from the date the Notice was sent to the other party before initiating the arbitration process (as outlined below)

  • Engage in meaningful resolution discussions with the other party during the at least thirty (30) days between when the Notice is sent and when the arbitration process is initiated

    • For the avoidance of doubt, “meaningful resolution discussions” means at least one telephone call between you and an Archies representative.  

Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection

YOU AND WE AGREE THAT COMPLIANCE WITH THIS PROVISION IS A CONDITION PRECEDENT TO EITHER YOU OR US INITIATING THE ARBITRATION PROCESS.  IF EITHER YOU OR WE DO NOT COMPLY WITH THIS PROVISION, YOU AND WE AGREE THAT THE ARBITRATION PROCESS IS PREMATURE, INVALID, AND SHOULD BE TERMINATED UNTIL THIS PROVISION IS COMPLIED WITH IN FULL. 

B. Mandatory Individual Arbitration

Any Dispute, whether such Dispute arose before, on, or subsequent to you entering in this Arbitration Agreement and if not resolved through the informal dispute resolution procedure set forth in subsection II(A) above, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. 

To the fullest extent permissible by applicable law, all Disputes must be filed within one year after such Disputes or cause of action arose or it will be forever barred.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and we each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the State of Delaware to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by us against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If you or we file or cause to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.

  1. Rules and Governing Law for Arbitration

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and we each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator. 

All Disputes shall be submitted to NAM, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed.

A form for initiating arbitration proceedings is available on NAM’s website at www.namadr.com/resources/rules-fees-forms/. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.  

If NAM notifies the parties in writing that it is not available to arbitrate any Dispute, or if NAM is otherwise unable to arbitrate any Dispute, that Dispute shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services rules and procedures then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement.

Notwithstanding any choice of law or other provision in this Arbitration Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA governs the interpretation and enforcement of this Arbitration Agreement and any proceedings under it. The FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. To the extent neither the FAA nor the NAM Rules or ADR Services Rules (as applicable) govern a particular issue, that issue will be governed by the Laws of the State of Delaware, without regard to choice or conflict of law principles, except that, for residents of California, the laws of the State of California will so govern.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 demands for arbitration of a substantially similar nature, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single set of admin and panel prep fees per batch in accordance with NAM’s fee schedule. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. 

If there are 20 or more substantially similar Disputes that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall administer those Disputes concurrently in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement, and in accordance with the Mass Filing Procedures set forth above (except that batches may be of at least 20 demands for arbitration). ADR Services shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.

We reserve all rights and defenses as to each and any Dispute, Demand for Arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.

Arbitration Fees: If you do not timely pay any required fees to NAM, any refusal by us to pay such fees on your behalf shall not void or otherwise invalidate this Arbitration Agreement, which shall remain in full force and effect. Any disputes over arbitration fees shall be resolved by NAM or ADR Services (as applicable).

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.

  1. Severability & Survival

If any provision or portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then it shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

Except as provided above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with us.

C. Arbitration Opt-Out Procedures

You may opt out of this Arbitration Agreement. To do so, you must email legals@archiesfootwear.com.au a notice (“Opt-Out Notice”) no later than 30 days after you first agreed to this Arbitration Agreement (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement. 

If you opt out of this Arbitration Agreement, you still must comply with the Dispute Resolution provisions in the Terms of Service. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement or other arbitration agreements by reason of your separate agreement to them, including subsequent agreements to arbitrate. In other words, opting out of this Arbitration Agreement shall have no effect on any other arbitration agreements you entered into with us.

If we make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), we will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to us at legals@archiesfootwear.com.au within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, and (iv) the change(s) you are rejecting. This is not an opt out of arbitration altogether; it is only a rejection of the changes proposed by us. Your continued use of the Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

D. Class Action / Jury Trial Waiver

You and we agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and we may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and we may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). You and we may participate in a class-wide settlement.