This policy was published on June 15, 2023 and will take effect on July 24, 2023.The previous version of this policy can be viewed here.
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Please note that Section 11 of the Terms below contains a binding arbitration agreement and class action waiver for users in North and South America. By agreeing to the Terms, you and Etsy agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.
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11. Arbitration Agreement and Class Action Waiver
If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and Etsy (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.
This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law.
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G. Opt out. You have a limited right to opt out of this Arbitration Agreement (excluding Section 11.I). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to arbitrationoptout@etsy.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither Etsy nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
In case anyone is bad at writing emails like me and needs it, here’s an email template made according to the instructions in Section 11-G.
I am requesting to opt out of the Arbitration Agreement and Class Action Waiver outlined in Section 11 of Etsy’s Terms Of Use (Published June 15, 2023, Effective July 24, 2023).
Name: [Legal name associated with account] Email address: [Email address associated with your account] Etsy username: [the string of random numbers and letters in your Etsy profile url, i.e. www.etsy.com/people/1a2b3c4d?ref…] Shop name: [ShopName (if applicable)]
You can switch some words around or just copy and paste it, either way it doesn’t need to be anything super fancy. As long as your intentions to opt out, as well as the exact thing you’re opting out of, are made super clear. Do not add any complaints in this email, as this could complicate things down the line.
Both sellers and customers can opt out of this agreement, so make sure to schedule send it now so they recieve it within 30 days after the effective date (July 24th, 2023).