Closed Loop by Micro-Pak®

Closed Loop by Micro-Pak®

Closed Loop by Micro-Pak®

Terms of Service

Last Updated: 11/08/2025

These Terms of Service (“Terms”) apply to your access to and use of the website located at www.micropakclosedloop.com and all associated web pages, websites, and social media pages (the “Site”) provided by Micro-Pak USA (“Micro-Pak”, “we”, “our” or “us”),  and online services accessible via the Site, including Closed Loop services (together with the Site, the “Services”). When you use the Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include, and these Terms will be binding on, that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you violate these Terms, that person or entity agrees to be responsible to us.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 20, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND MICRO-PAK WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.  If you do not agree to these Terms, do not use our Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. 

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services. 

  1. Closed Loop Services

Closed Loop offers an online platform designed to help our retail customers with certain aspects of their plastics recycling programs.  While Micro-Pak can help facilitate your own recycling programs (e.g., by weighing the Approved Materials (defined below), informing you of such weights, and sending your materials to a recycling provider), the Closed Loop services do not include any reporting or recordkeeping services.  

You are solely responsible for your own regulatory, legal, contractual or other obligations that may arise in connection with the recycling of the Approved Materials, including but not limited to recordkeeping and reporting obligations.  

To use the Closed Loop platform, you must provide us with Approved Materials inside the pre-labeled Closed Loop collection boxes that we will send you (“Collection Boxes”). You will not use the Collection Boxes for any purpose other than to send us Approved Materials.  You represent and warrant that only the identified Approved Materials will be included in the Collection Boxes.

Micro-Pak does not guarantee that any Approved Materials will be considered recyclable material in any jurisdiction and determining whether materials are recyclable is your sole responsibility. 

Micro-Pak is not responsible or liable for transportation or shipping-related issues. 

As used in this Agreement, “Approved Materials” means certain materials approved by Micro-Pak, which may include used polybags and other #4 LDPE plastics.

  1. Eligibility and Use Restrictions

(a) Age.  You must be at least 18 years old to use the Services. If you are not at least 18 years old, do not use the Services.

(b) Jurisdiction. You may only use our Services in jurisdictions authorized by Micro-Pak. Use of our Services is currently authorized only in the United States and Canada.

(c) Use and Sharing. Our Services are provided to you only for your internal business use and not for the benefit or use of any third party. Micro-Pak may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only Authorized Users may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services.

(a) Age.  You must be at least 18 years old to use the Services. If you are not at least 18 years old, do not use the Services.

(b) Jurisdiction. You may only use our Services in jurisdictions authorized by Micro-Pak. Use of our Services is currently authorized only in the United States and Canada.

(c) Use and Sharing. Our Services are provided to you only for your internal business use and not for the benefit or use of any third party. Micro-Pak may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only Authorized Users may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services.

(a) Age.  You must be at least 18 years old to use the Services. If you are not at least 18 years old, do not use the Services.

(b) Jurisdiction. You may only use our Services in jurisdictions authorized by Micro-Pak. Use of our Services is currently authorized only in the United States and Canada.

(c) Use and Sharing. Our Services are provided to you only for your internal business use and not for the benefit or use of any third party. Micro-Pak may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only Authorized Users may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services.

  1. Your Information

You may provide certain information to Micro-Pak in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, and other types of communication from Micro-Pak via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Micro-Pak in connection with the Services is accurate. 

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. 

  1. Accounts

Authorized Users must create accounts in order to use some or all of our Services. You will ensure that your Authorized Users (a) do not share their account credentials, (b) provide accurate account information and promptly update this information if it changes, and (c) use a strong password for their account that is unique to our Services and not used by that Authorized User in any other website or online service. You will maintain the security of any accounts created by your Authorized Users. If you discover or suspect that someone has accessed the account of one of your Authorized Users without permission, you will promptly notify Micro-Pak. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

  1. Prohibited Conduct

(a) Use of our Services is subject to your compliance with this Section 5. You will not use our Services if you are not eligible to use our Services in accordance with Section 2 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services: 

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;

  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

  • Use or attempt to use another user’s account or information without authorization from that user and Micro-Pak;

  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • Sell or resell our Services;

  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 

  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 

  • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

  • Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Micro-Pak grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Micro-Pak reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; 

  • Develop or use any applications or software that interact with our Services without our prior written consent;

  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

  • Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Micro-Pak; or

  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) Enforcement of this Section 5 is solely at Micro-Pak’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. 

  1. Purchases and Subscriptions

(a) Purchase. If you make a purchase through the Services, you may be asked to supply certain payment information to us or our third-party payment processors, such as your payment card number, its expiration date, and your billing address. You represent and warrant that you have the right to use any payment information you provide. You authorize us (via our third-party payment processors) to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

(b) Recurring Subscriptions. You may be permitted to enroll in a subscription with Micro-Pak on a monthly, yearly or other basis (“Subscription Period”) for the recurring fee indicated at the time you enroll in the Recurring Subscriptions (“Subscription Fee”). Such subscriptions (“Recurring Subscriptions”) are continuous until you cancel them, and you authorize Micro-Pak to charge your payment method the then-current Subscription Fee both (i) when you initially enroll in a Recurring Subscription and (ii) at the beginning of each subsequent Subscription Period until you cancel. If your Recurring Subscription begins with a trial period or a discounted initial price (each a “Promotional Offer”), the Recurring Subscriptions will renew at the then-current Subscription Fee at the end of the Promotional Offer period. You must cancel your Recurring Subscription at least 48 hours before the end of the current Subscription Period to avoid being charged the Subscription Fee for the next Subscription Period.

(c) Eligibility. To make a purchase or enroll in a Recurring Subscription, you must have a valid billing address within a country that can be selected as part of the checkout or enrollment process.

  1. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

  1. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein and all intellectual property rights therein and thereto, are owned by Micro-Pak or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal or internal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

  1. Trademarks

The Micro-Pak names and our logos, our other product or service names, slogans, and the look and feel of the Services are trademarks of Micro-Pak and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us. 

  1. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Micro-Pak or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Services, or to improve or develop new products or services, in Micro-Pak’s sole discretion. Micro-Pak will exclusively own all improvements to, or new, Micro-Pak products, services, or Services based on any Feedback. You understand that Micro-Pak may treat Feedback as nonconfidential. 

  1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Micro-Pak and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Micro-Pak Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Micro-Pak Parties of any third-party Claims, cooperate with Micro-Pak Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Micro-Pak Parties will have control of the defense or settlement, at Micro-Pak's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Micro-Pak or the other Micro-Pak Parties.

  1. Disclaimers

(a) General Disclaimer

Your use of our Services and any content or materials provided therein or therewith is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith are provided “as is” and “as available” without warranties of any kind, either express or implied. 

Micro-Pak disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 

In addition, Micro-Pak does not represent or warrant that our Services or any content provided therein or therewith are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith will be uninterrupted. While Micro-Pak attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Micro-Pak and the other Micro-Pak Parties. 

(b) EPR and Recycling Law Disclaimer

Closed Loop services are limited to the weighing, aggregation, and transfer of recyclable materials to third‑party recycling partners. You understand that we do not provide regulatory, compliance, reporting, verification, certification, or similar services. 

Without limiting the foregoing general disclaimers, the following applies with respect to Extended Producer Responsibility (“EPR”) laws and similar recycling, stewardship, take‑back, recycled‑content, labeling, registration, or reporting regimes in any jurisdiction (collectively, “Recycling Laws”):

You are solely responsible for determining the applicability of, and complying with, all Recycling Laws, including any producer, importer, brand owner, distributor, or retailer obligations; registration and fee payments; reporting, audit, attestation, certification, labeling, recycled‑content claims, chain‑of‑custody documentation, and any other regulatory or stewardship requirements. 

Closed Loop does not confirm, warrant, or represent that any Approved Materials are recyclable, meet any jurisdiction‑specific specifications or definitions of recyclability, qualify for any credits, exemptions, or incentives, or satisfy any recycled‑content or destination requirements. Any weights, measurements, or other operational data generated by Closed Loop are provided solely for internal operational purposes and are not intended to, and do not, constitute compliance documentation, regulatory reporting, or a basis for legal or environmental claims.

To the maximum extent permitted by law, as between the parties, sole responsibility for the classification, characterization, and regulatory status of Approved Materials under applicable law remains with You. Closed Loop is not responsible for the actions, omissions, certifications, or compliance of You or of any downstream recycling partners. 

You are responsible for verifying the suitability, regulatory status, and performance of any downstream providers for Your intended compliance purposes.

To the maximum extent permitted by law, Closed Loop disclaims any responsibility or liability for fines, penalties, fees, assessments, enforcement actions, loss of credits or incentives, reputational harm, claims relating to greenwashing or deceptive environmental marketing, or any other losses arising out of or related to obligations under Recycling Laws or Your use of Closed Loop services for regulatory or compliance purposes. 

  1. Limitation of Liability

(a) To the fullest extent permitted by applicable law, Micro-Pak and the other Micro-Pak Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Micro-Pak or the other Micro-Pak Parties have been advised of the possibility of such damages.

(b) The total liability of Micro-Pak and the other Micro-Pak Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to use our Services in the six months preceding the date on which the first claim giving rise to the liability arose.

(c) The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Micro-Pak or the other Micro-Pak Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Release

To the fullest extent permitted by applicable law, you release Micro-Pak and the other Micro-Pak Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  1. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MICRO-PAK TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND MICRO-PAK CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MICRO-PAK FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MICRO-PAK AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MICRO-PAK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

YOU AND MICRO-PAK EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 15 (j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. 

(a) Claims This Section Applies To. This Section 15 applies to all Claims between you and Micro-Pak. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 15(c), below) between you and Micro-Pak, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, or the Services, including any claims related to the use or operation of the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.

(b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Micro-Pak or if Micro-Pak believes it has a Claim against you, you and Micro-Pak will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Micro-Pak will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 15 (b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.

You must send any Claimant Notice to Micro-Pak by certified mail, addressed to Micro-Pak USA, Attn: Legal Department, 7421 SW Bridgeport Rd, STE 204, Tigard, OR, 97224, or by email to Legal@Micropakltd.com. Micro-Pak will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Micro-Pak. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Micro-Pak files an Arbitration Demand without complying with the requirements in this Section 15, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.

(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Micro-Pak, including any disputes in which you or Micro-Pak seek injunctive or other equitable relief for the alleged unlawful use of your or Micro-Pak’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 15 (b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.

(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 15, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Micro-Pak. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Micro-Pak.

These Terms affect interstate commerce, and the enforceability of this Section 15 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Micro-Pak to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

(e) Arbitration Procedure and Location. You or Micro-Pak may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.

Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Micro-Pak by email to Legal@Micropakltd.com. Micro-Pak will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Micro-Pak.

The arbitration will be conducted by a single arbitrator in the English language. You and Micro-Pak both agree that the arbitrator will be bound by these Terms.

For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Micro-Pak agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) Confidentiality. If you or Micro-Pak files a Claim in arbitration, you and Micro-Pak agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Micro-Pak agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 15 (i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.


15.1.1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.


15.1.2. Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.


15.1.3. Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.


15.1.4. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 21.

If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 5 (b) to proceed in arbitration in the same manner as described in Section 15 (i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing Legal@Micropakltd.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

(k) Rejection of Modifications to this Section. You may reject any change we make to this Section 15 (except changes to notice addresses) as to you, by emailing Legal@Micropakltd.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 15. You may reject changes to Section 15 only as a whole. You may not reject only certain changes to Section 15. If you reject changes made to Section 15, the most recent version of Section 15 that you have not rejected will continue to apply.

(l) Two Years to Assert Claims. To the extent permitted by law, any Claim by you or This provision allows any party to opt everyone out of arbitration if there are more than 100 claims remaining. If no such opt out occurs, arbitration would proceed in batches. Companies are experimenting with different approaches if mediation fails to resolve all remaining claims. Another option is to drop the arbitration requirement for all remaining claims (either following the mediation or after a second bellwether stage) and go back to court with a class action limited to the unresolved mass arbitrations. against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or This provision allows any party to opt everyone out of arbitration if there are more than 100 claims remaining. If no such opt out occurs, arbitration would proceed in batches. Companies are experimenting with different approaches if mediation fails to resolve all remaining claims. Another option is to drop the arbitration requirement for all remaining claims (either following the mediation or after a second bellwether stage) and go back to court with a class action limited to the unresolved mass arbitrations. will no longer have the right to assert that Claim.

(m) Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MICRO-PAK TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND MICRO-PAK CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MICRO-PAK FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MICRO-PAK AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MICRO-PAK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.


YOU AND MICRO-PAK EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.


FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 15 (j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. 


(a) Claims This Section Applies To. This Section 15 applies to all Claims between you and Micro-Pak. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 15(c), below) between you and Micro-Pak, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, or the Services, including any claims related to the use or operation of the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.


(b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Micro-Pak or if Micro-Pak believes it has a Claim against you, you and Micro-Pak will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Micro-Pak will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 15 (b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.


You must send any Claimant Notice to Micro-Pak by certified mail, addressed to Micro-Pak USA, Attn: Legal Department, 7421 SW Bridgeport Rd, STE 204, Tigard, OR, 97224, or by email to Legal@Micropakltd.com. Micro-Pak will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Micro-Pak. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.


No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Micro-Pak files an Arbitration Demand without complying with the requirements in this Section 15, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.


To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.


(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Micro-Pak, including any disputes in which you or Micro-Pak seek injunctive or other equitable relief for the alleged unlawful use of your or Micro-Pak’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 15 (b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.


(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 15, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Micro-Pak. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Micro-Pak.


These Terms affect interstate commerce, and the enforceability of this Section 15 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Micro-Pak to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).


(e) Arbitration Procedure and Location. You or Micro-Pak may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.


Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Micro-Pak by email to Legal@Micropakltd.com. Micro-Pak will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Micro-Pak.


The arbitration will be conducted by a single arbitrator in the English language. You and Micro-Pak both agree that the arbitrator will be bound by these Terms.


For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.


The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Micro-Pak agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.


Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.


(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.


(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.


(h) Confidentiality. If you or Micro-Pak files a Claim in arbitration, you and Micro-Pak agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Micro-Pak agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.


(i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 15 (i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.


15.1.1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.


15.1.2. Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.


15.1.3. Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.


15.1.4. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 21.


If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.


If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 5 (b) to proceed in arbitration in the same manner as described in Section 15 (i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.


(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing Legal@Micropakltd.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.


(k) Rejection of Modifications to this Section. You may reject any change we make to this Section 15 (except changes to notice addresses) as to you, by emailing Legal@Micropakltd.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 15. You may reject changes to Section 15 only as a whole. You may not reject only certain changes to Section 15. If you reject changes made to Section 15, the most recent version of Section 15 that you have not rejected will continue to apply.


(l)Two Years to Assert Claims. To the extent permitted by law, any Claim by you or This provision allows any party to opt everyone out of arbitration if there are more than 100 claims remaining. If no such opt out occurs, arbitration would proceed in batches. Companies are experimenting with different approaches if mediation fails to resolve all remaining claims. Another option is to drop the arbitration requirement for all remaining claims (either following the mediation or after a second bellwether stage) and go back to court with a class action limited to the unresolved mass arbitrations. against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or This provision allows any party to opt everyone out of arbitration if there are more than 100 claims remaining. If no such opt out occurs, arbitration would proceed in batches. Companies are experimenting with different approaches if mediation fails to resolve all remaining claims. Another option is to drop the arbitration requirement for all remaining claims (either following the mediation or after a second bellwether stage) and go back to court with a class action limited to the unresolved mass arbitrations. will no longer have the right to assert that Claim.


(m) Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MICRO-PAK TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND MICRO-PAK CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MICRO-PAK FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MICRO-PAK AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MICRO-PAK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

YOU AND MICRO-PAK EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 15 (j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. 


(a) Claims This Section Applies To. This Section 15 applies to all Claims between you and Micro-Pak. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 15(c), below) between you and Micro-Pak, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, or the Services, including any claims related to the use or operation of the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.


(b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Micro-Pak or if Micro-Pak believes it has a Claim against you, you and Micro-Pak will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Micro-Pak will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 15 (b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.


You must send any Claimant Notice to Micro-Pak by certified mail, addressed to Micro-Pak USA, Attn: Legal Department, 7421 SW Bridgeport Rd, STE 204, Tigard, OR, 97224, or by email to Legal@Micropakltd.com. Micro-Pak will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Micro-Pak. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.


No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Micro-Pak files an Arbitration Demand without complying with the requirements in this Section 15, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.


(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Micro-Pak, including any disputes in which you or Micro-Pak seek injunctive or other equitable relief for the alleged unlawful use of your or Micro-Pak’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 15 (b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.


(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 15, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Micro-Pak. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Micro-Pak.


These Terms affect interstate commerce, and the enforceability of this Section 15 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Micro-Pak to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).


(e) Arbitration Procedure and Location. You or Micro-Pak may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.


Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Micro-Pak by email to Legal@Micropakltd.com. Micro-Pak will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Micro-Pak.


The arbitration will be conducted by a single arbitrator in the English language. You and Micro-Pak both agree that the arbitrator will be bound by these Terms.


For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.


The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Micro-Pak agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.


Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.


(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.


(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.


(h) Confidentiality. If you or Micro-Pak files a Claim in arbitration, you and Micro-Pak agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Micro-Pak agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.


(i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered “Mass Dispute” and the provisions of this Section 15 (i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.


15.1.1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.


15.1.2. Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.


15.1.3. Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.


15.1.4. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 21.


If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.


If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 5 (b) to proceed in arbitration in the same manner as described in Section 15 (i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.


(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing Legal@Micropakltd.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.


(k) Rejection of Modifications to this Section. You may reject any change we make to this Section 15 (except changes to notice addresses) as to you, by emailing Legal@Micropakltd.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 15. You may reject changes to Section 15 only as a whole. You may not reject only certain changes to Section 15. If you reject changes made to Section 15, the most recent version of Section 15 that you have not rejected will continue to apply.


(l) Two Years to Assert Claims. To the extent permitted by law, any Claim by you or This provision allows any party to opt everyone out of arbitration if there are more than 100 claims remaining. If no such opt out occurs, arbitration would proceed in batches. Companies are experimenting with different approaches if mediation fails to resolve all remaining claims. Another option is to drop the arbitration requirement for all remaining claims (either following the mediation or after a second bellwether stage) and go back to court with a class action limited to the unresolved mass arbitrations. against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or This provision allows any party to opt everyone out of arbitration if there are more than 100 claims remaining. If no such opt out occurs, arbitration would proceed in batches. Companies are experimenting with different approaches if mediation fails to resolve all remaining claims. Another option is to drop the arbitration requirement for all remaining claims (either following the mediation or after a second bellwether stage) and go back to court with a class action limited to the unresolved mass arbitrations. will no longer have the right to assert that Claim.


(m) Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.

  1. Governing Law

Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 15, then the state and federal courts located in the County of New Castle, Delaware, will have exclusive jurisdiction. You and Micro-Pak waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

  1. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Micro-Pak in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

  1. Severability

Except as set out in Section 15(m), if any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

  1. Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. 

  1. Miscellaneous

(a) Micro-Pak’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. 

(b) If you have a question or complaint regarding the Services, please send an email to Legal@Micropakltd.com. You may also contact us by writing to 7421 SW Bridgeport Rd, STE 204, Tigard, OR, 97224. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.  Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

closed loop Micro-Pak

Closed Loop by Micro-Pak® makes it easy to recycle used polybags and other #4 LDPE plastics, track impact, and meet sustainability goals without adding work for your team. Stores can be up and running in under a week.

Closed Loop, Micro-Pak® USA
info@micropakclosedloop.com
503 680-6400
7421 SW Bridgeport Rd, STE 204,
Tigard, OR 97224

Support

Privacy Policy

Terms of Service

About Micro-Pak Ltd.

© 2025 Micro-Pak Ltd. All rights reserved. Micro-Pak Closed Loop® is a trademark of Micro-Pak Ltd.

closed loop Micro-Pak

Closed Loop by Micro-Pak® makes it easy to recycle used polybags and other #4 LDPE plastics, track impact, and meet sustainability goals without adding work for your team. Stores can be up and running in under a week.

Closed Loop, Micro-Pak® USA
info@micropakclosedloop.com
503 680-6400
7421 SW Bridgeport Rd, STE 204,
Tigard, OR 97224

Support

Privacy Policy

Terms of Service

About Micro-Pak Ltd.

© 2025 Micro-Pak Ltd. All rights reserved. Micro-Pak Closed LoopⓇ is a trademark of Micro-Pak Ltd.

closed loop Micro-Pak

Closed Loop by Micro-Pak® makes it easy to recycle used polybags and other #4 LDPE plastics, track impact, and meet sustainability goals without adding work for your team. Stores can be up and running in under a week.

Closed Loop, Micro-Pak® USA
info@micropakclosedloop.com
503 680-6400
7421 SW Bridgeport Rd, STE 204,
Tigard, OR 97224

Support

Privacy Policy

Terms of Service

About Micro-Pak Ltd.

© 2025 Micro-Pak Ltd. All rights reserved. Micro-Pak Closed LoopⓇ is a trademark of Micro-Pak Ltd.