Littleton Coin Company’s Terms of Use

Welcome to LittletonCoin.com ("Website"). Please review these Terms carefully as they serve as an enforceable contract between you and Littleton Coin Company, Inc., and contain important information about your legal rights, remedies, and obligations. By using the Site, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf.

We reserve the right to update or modify these Terms at any time without prior notice. The date that these Terms were last modified can be found at the end of these Terms. The modified Terms will become effective on the date and time they are posted to the Site. For this reason, we encourage you to review these Terms of Use regularly. By continuing to use the Site after any revised Terms come into effect means you agree to be bound to the changes.

We appreciate your interest in Littleton Coin Company, and if you have any questions on these Terms of Use or if we can help with your collecting needs, please don't hesitate to give us a call at 1-800-645-3122.

Advertisements

Our advertisements may be found in a variety of outlets including: newspapers, magazines and online. These advertisements are intended for New Customers to introduce them to the hobby of coin collecting and the many services Littleton has to offer. The wording "for new customers only" is typically located near the order form or ordering device of each offer. These advertisements offer specific items at reduced prices and typically include a fascinating selection from our Risk-Free Examination Coins-on-Approval Service. We reserve the right to cancel any advertisement orders that do not meet the new customer criteria at any time without prior notice.

Coins on Approval Programs

These programs may include a trial shipment requiring no payment up front or offering product at a discount. As such, we reserve the right to limit the number of enrollments per customer, and enrollment is subject to credit approval.

Links to Other Sites

On our website, we provide links to other sites that we think you will enjoy. These other sites operate independently of Littleton Coin Company and have established their own privacy and security policies. We encourage you to review the privacy and security policies of any sites you visit.

Orders and Pricing

Once you have placed an order on the website, we will send you an email indicating your order has been received. This is not an order confirmation or acceptance from us.

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order). Such errors shall not be binding on you or Littleton Coin Company, Inc., and you agree to our right to correct such errors without liability of any kind to you. Littleton Coin Company, Inc. may refuse or cancel orders placed with incorrect pricing. We do not guarantee prices for our products listed on other websites or price search engines. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition for a refund.

Product Availability We work hard to meet the anticipated demand for the products we sell. We reserve the right to cancel any orders for products which are no longer available, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us.

You must be completely satisfied with every purchase you make from Littleton. If for any reason you're not fully satisfied with your purchase, simply return it within 45 days in unaltered condition for a prompt exchange, credit or refund. Refunds less than $5.00 will be credited to your account, and only refunded upon request. Personalized items cannot be cancelled or returned except when due to defect.

Tax Collection:  We are now required by law to collect and remit your sales tax for any orders received after January 1, 2019. Some states also require us to collect sales tax on the shipping and handling charges. Gift Card purchases are excluded from the taxable total. Please visit this Sales Tax Information page for a list of states and taxable categories.

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer." This can include a gift with purchase, free shipping, manufacturer offers or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Submissions

Littleton Coin Company is pleased to hear from our loyal customers; however, it is our long-standing company policy not to accept or consider unsolicited product and creative ideas, suggestions, materials or business proposals from individuals or entities outside our company. If you send unsolicited product ideas, suggestions and/or materials despite our request that you not send these, they will be and shall remain property of Littleton Coin Company, Inc. Littleton Coin Company, Inc. is and shall be under no obligation to maintain in confidence, pay any compensation for or respond to unsolicited product ideas, suggestions, concepts, prototypes, etc.

Content

Copyright in the documents and material on the website is owned by or licensed to Littleton Coin Company, Inc. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. The images on the website are the property of, or used with permission of, Littleton Coin Company, Inc. The uses of these images by you, or anyone else authorized by you, is prohibited, without prior written permission from Littleton Coin Company, Inc. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Product images are representative. Actual item received may vary based on selected grade.

"Littleton Coin Company," "LittletonCoin.com," "Showpak," and other marks (including logos, graphics and page headers) are trademarks of Littleton Coin Company, Inc.

Littleton Rewards Points

Littleton Rewards have no cash value, are non-transferable and may only be redeemed by the person who accrued them.

Littleton Custom Coins

By placing a custom order on the  Site you agree to the following guidelines:

1. Littleton Coin Company reserves the right to reject or deny any content submitted to the Site that does not follow these guidelines
2. The user agrees to not upload any content that is unlawful, defamatory, racist, obscene, illegal, harmful, vulgar, hateful, abusive, or pornographic or otherwise offensive.
3. The user agrees to not upload any content that is protected by copyright, or infringe on any patent, trademark, or intellectual property.
4. The user agrees to not upload any content that violates a person's right to privacy.

Mobile

Littleton Coin Company offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 85919. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Littleton Coin Company reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

1. Authorize Littleton Coin Company to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at (800) 645-3122. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt in to the Service on short code 85919, your message frequency may vary. You may receive alerts about:

1. Sales
2. Promotions
3. Offers
4. Shopping cart reminders
5. Product alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Littleton Coin Company may add or remove any wireless carrier from the Service at any time without notice. Littleton Coin Company and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Littleton Coin Company, text the word STOP to 85919 at any time or reply STOP to any of the text messages you have received from Littleton Coin Company. After texting STOP to 85919, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 85919. You can contact us by phone at (800) 645-3122 or email us at [email protected].

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

LIMITATIONS ON LIABILITY

YOU AGREE THAT Littleton Coin Company, Inc. AND ALL RELATED COMPANIES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, COMMUNICATIONS RECEIVED FROM US OR SENT TO THIRD PARTIES BY US, THE PURCHASE (AND USE) OF ANY PRODUCTS AND SERVICES FROM US (COLLECTIVELY, THE “RELEASED MATTERS”), OR THESE TERMS.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF SOME TYPES OF DAMAGES FOR THE RELEASED MATTERS. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS OF WARRANTIES

THIS SITE, ALL CONTENTS, AND ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. Littleton Coin Company, Inc. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Littleton Coin Company, Inc. DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH Littleton Coin Company, Inc. ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. 

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE LIMITATION OF WARRANTIES. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TIME LIMITATION FOR CLAIMS

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM BY YOU IN ANY WAY RELATING TO OR ARISING IN ANY WAY FROM (1) YOUR VISITS TO AND USE OF THE SITE; (2) PROMOTIONS YOU RECEIVE FROM US; OR (3) THE PURCHASE OR ATTEMPTED PURCHASE (AND USE) OF ANY PRODUCTS OR SERVICES FROM US MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE TIME LIMITATIONS FOR CLAIMS THAT ARE INCONSISTENT WITH ORDINARY STATUTES OF LIMITATION. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

HYPERLINKS TO AND FROM THIRD PARTY SITES

The Site may link you to other sites on the Internet including, without limitation, social media sites or sites owned or controlled by us or by third parties. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of these sites. You should review the applicable terms of use and privacy policy for any such third-party site to understand your rights.

GOVERNING LAW AND VENUE

Except with regarding the Arbitration Agreement, which is governed exclusively by the FAA, the Terms shall be governed by the laws of New Hampshire, without regard to conflict of law principles. Any Dispute or other matter, whether or not related to a Dispute that is not subject to a requirement to arbitrate, shall be brought in the appropriate state or federal court located in New Hampshire, and you and Littleton Coin Company, Inc. each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New Hampshire for the adjudication of such matters.

FORCE MAJEURE

Littleton Coin Company, Inc. shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by a force majeure event, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action or other causes beyond our control.

DISPUTE RESOLUTION

YOU AND LITTLETON COIN COMPANY, INC. AGREE THAT ALL DISPUTES BETWEEN YOU AND US THAT CANNOT BE RESOLVED INFORMALLY CAN ONLY BE RESOLVED ON AN INDIVIDUAL BASIS IN EITHER ARBITRATION OR SMALL CLAIMS COURT. AND YOU AND LITTLETON COIN COMPANY, INC. AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PURSUE RELIEF AS PART OF A CLASS.

1.1 Scope and Opt-Out Rights

This section (the “Arbitration Agreement”), including all subsections, shall be construed broadly to cover all complaints, demands, and claims of any kind arising between you and Littleton Coin Company, Inc. (each a “Dispute,” and, collectively, “Disputes”). The term “Disputes” shall be interpreted in the broadest possible sense and includes, but is not limited to, all statutory, regulatory, constitutional, contractual, common law, and tax-related claims, including claims alleging negligence, fraud, and misrepresentation, irrespective the relief being sought.

The Arbitration Agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction or control of you and Littleton Coin Company, Inc., including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations) of Littleton Coin Company, Inc. This Arbitration Agreement is binding on you and Littleton Coin Company, Inc., as well as our respective heirs, successors, and assigns.

This Arbitration Agreement, including as to all matters concerning its terms, substantive and procedural requirements, applicability, legality, enforceability, performance, and scope is governed solely and exclusively by the Federal Arbitration Act (“FAA”), and not by any state, local, or foreign laws. You and Littleton Coin Company, Inc. agree that this Arbitration Agreement involves interstate commerce for purposes of the FAA.

You have the right to opt out of this Arbitration Agreement by sending a written notice to Littleton Coin Company, Inc. expressly stating “I opt out of the Arbitration Agreement” or words to that effect to [email protected] or by certified mail, return receipt requested, to Yvonne Burlock, Director of Fulfillment, 1309 MT Eustis Road Littleton, NH 03561 within thirty (30) days after you first agree to these Terms. Your communication must include your full name, mailing address, and email address. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have or may enter in the future with Littleton Coin Company, Inc., nor does it eliminate or change any other rights or requirements of the Terms.

1.2 Mandatory Informal Dispute Resolution Process

Before either you or Littleton Coin Company, Inc. can pursue a Dispute in arbitration or small claims court, this mandatory, informal sixty (60) day dispute resolution process (“DRP”) must be completed.

To initiate the DRP, the party pursuing a Dispute (“Claimant”) must send to the other party (“Respondent”) a signed, written statement (“Statement”) explaining the Dispute in sufficient detail for the Respondent to understand and investigate it. In order to commence the DRP, the Statement must include the Claimant’s full name, mailing address, email address, and date or dates on which the Dispute arose, as well as a proposal for resolving it (which, if applicable, must describe the basis for any dollar amount claimed). If you are a purchaser or licensor of any products or services from Littleton Coin Company, Inc., you must describe your purchase/licensing history and, if not otherwise provided, include the email address used in connection with such activity. You agree to send the Statement by certified mail, return receipt requested to Yvonne Burlock, Director of Fulfillment, 1309 MT Eustis Road Littleton, NH 03561 or by email to [email protected]. If the Claimant is represented by an attorney, the Statement must authorize Littleton Coin Company, Inc. to disclose information relating to the Dispute to a named attorney. That attorney shall also sign the Statement under oath, or under penalty of perjury in a manner consistent with 28 U.S.C. § 1746 or analogous state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”), which statement shall be admissible in any arbitration that may follow. The arbitrator in any such arbitration shall have the authority to impose sanctions as provided for by Rule 11.

Once a Statement fully satisfying the above requirements is received, Claimant and Respondent shall work in good faith to resolve the Dispute for a period of sixty (60) days. If the Dispute has not been resolved within sixty (60) days, the Claimant may thereafter pursue the Dispute either in an individual arbitration or, if the Dispute qualifies, in small claims court. To the extent necessary to preserve any Dispute presented in the Statement, all applicable statutes of limitation shall be suspended for the duration of the sixty (60) day period.

A party initiating an arbitration under this Arbitration Agreement must submit a certification that they have complied with and completed the DRP and that they are a party to the Arbitration Agreement enclosed with or attached to their demand for arbitration. This certification must be personally signed by the party initiating arbitration (and their lawyer, if represented).

1.3 Arbitration Generally

All arbitrations shall be conducted before a single arbitrator. While there is no judge or jury in an arbitration, the arbitrator has the power to award the same relief as a court and must construe and apply the Terms in the same way a court would. To the fullest extent permitted by law, the arbitrator shall have sole authority to and shall address all claims or arguments by both you and Littleton Coin Company, Inc. concerning the formation, legality, and enforceability of this Arbitration Agreement and the Terms, the scope of this Arbitration Agreement, and the arbitrability of any claims between you and Littleton Coin Company, Inc.. The results of any arbitration between you and Littleton Coin Company, Inc. shall be binding only as to the specific Dispute resolved in that arbitration, and factual findings and legal conclusions shall not be binding on you or Littleton Coin Company, Inc. in any other arbitration or in any court proceeding. You and Littleton Coin Company, Inc. agree that arbitration should be cost-effective for all parties and that any party may engage with the arbitrator to address the reduction or deferral of fees or costs.

Upon either party’s request, the arbitrator will 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.

Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11).

In any arbitration between you and Littleton Coin Company, Inc., the defending party may, but is not obligated to, make a written settlement offer at any time. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award issued is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorneys’ fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled.

Any court of competent jurisdiction will have the authority to enforce all aspects of this Arbitration Agreement (including the requirement to complete the DRP before filing any claim in arbitration or small claims court) and, if necessary, to enjoin the filing or prosecution of an arbitration and the assessment of fees or costs by any arbitrator or arbitration organization.

The rules applicable to an arbitration commenced between you and Littleton Coin Company, Inc. shall depend on whether the arbitration is an Individual Arbitration or a Mass Arbitration as defined below.

1.4 Individual Arbitration Rules

All individual arbitrations shall be before a single neutral arbitrator. Arbitrations brought by consumers shall be governed by this Arbitration Agreement and the AAA Consumer Arbitration Rules (the “Consumer Rules”). You can find additional information about the arbitration process at this link. The Consumer Rules shall apply if the dispute involves or is related to goods or services offered or purchased for personal or household use only, and not goods or services offered or purchased to support the conduct of any business or profession or for any other purpose other than personal or household use.

All other arbitrations shall be governed by this Arbitration Agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. To the extent there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, the provisions of this Arbitration Agreement shall control to the fullest extent which still preserves the mutual obligation to arbitrate all Disputes.

Consistent with and pursuant to Rule D-1 (a) of the Consumer Rules, you and Littleton Coin Company, Inc. agree that all consumer arbitrations under this Arbitration Agreement shall be resolved through binding, non-appearance-based arbitration rendered solely on documents submitted by the parties, including sworn statements (collectively, “Documents”), and without a hearing. Upon request of the other party, you and Littleton Coin Company, Inc. will reaffirm their commitment to proceed in this fashion in writing as provided for in Rule D-1 (a). The parties shall be given an opportunity to respond with additional Documents after initial Documents are submitted. If the parties agree to a hearing in a particular arbitration or one is ordered by the arbitrator for good cause shown, it shall be limited to argument only and conducted telephonically or by video conference, and not in-person. If a hearing is held, the parties will afterwards have the opportunity to submit additional Documents.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to Yvonne Burlock, Director of Fulfillment, 1309 MT Eustis Road Littleton, NH 03561 or [email protected]. The AAA’s address is American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org .

If the AAA is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this subsection of the Arbitration Agreement, you and Littleton Coin Company, Inc. shall negotiate in good faith for the substitution of an alternative arbitrator or arbitration organization to conduct the arbitration in conformity with the requirements of this Arbitration Agreement. If you or Littleton Coin Company, Inc. are unable to agree on such an alternative, you and Littleton Coin Company, Inc. shall jointly petition a court of competent jurisdiction to appoint an arbitrator or arbitration organization pursuant to 9 U.S.C. § 5 to conduct the arbitration consistent with the requirements of this Arbitration Agreement.

1.5 Mass Arbitration Rules

If twenty-five (25) or more consumers file or indicate collectively or through counsel an intention to file demands for arbitration against Littleton Coin Company, Inc. raising similar Disputes, and counsel for the Claimants are the same or coordinated across such demands (a “Mass Arbitration”), the Mass Arbitration rules set out in this paragraph apply. To the extent there is a conflict between these Mass Arbitration Rules and any other provision of the Arbitration Agreement, these Mass Arbitration Rules shall control.

Each individual Claimant in a Mass Arbitration (each a “Mass Arbitration Claimant”) must complete individually the DRP process set forth in Subsection 1.2 as a condition precedent to proceeding to arbitration. Each Statement must affirm that counsel for the Mass Arbitration Claimants has been retained as legal counsel to act on the Claimant’s behalf. The attorney or attorneys representing each such Claimant shall sign under oath, or under penalty of perjury in a manner consistent with 28 U.S.C. § 1746 or analogous state laws, a certification of compliance with Rule 11 applicable to each and every Mass Arbitration Claimant, which statement shall be admissible in all arbitrations that may follow. The arbitrator in such arbitrations shall have the authority to impose sanctions as provided for by Rule 11.

If the DRP is unsuccessful for any of the Mass Arbitration Claimants, counsel for the Mass Arbitration Claimants and Littleton Coin Company, Inc. shall each select up to five (5) Mass Arbitration Claimants to proceed to individual arbitration (the “bellwether arbitrations”), each with a different arbitrator. No other arbitrations shall be commenced, and any non-bellwether arbitrations that may be pending shall promptly be dismissed voluntarily and without prejudice. The bellwether arbitrations shall commence immediately upon the dismissal of all non-bellwether arbitrations.  All bellwether arbitrations shall be conducted pursuant to the provisions of Subsection 1.3, above, shall require a reasoned decision from the arbitrator, and must be completed within one hundred twenty (120) days from commencement unless otherwise ordered by the arbitrator or agreed to by the parties.

Upon the resolution of the bellwether arbitrations, counsel for Littleton Coin Company, Inc. and counsel for the Mass Arbitration Claimants shall participate promptly and in good faith in a non-binding confidential mediation for a period of sixty (60) days in a good faith effort to resolve all Disputes of the non-bellwether Mass Arbitration Claimants with the assistance of a mediator from JAMS or the AAA acceptable to both sides. All fees and costs assessed by the mediator and mediation organization shall be split equally by the Mass Arbitration Claimants and Littleton Coin Company, Inc.

To the extent necessary to preserve any Dispute asserted in the Statements, all statutes of limitation shall be suspended for all Mass Arbitration Claimants for the duration of the informal settlement process, the bellwether arbitrations, and mediation.

Those Mass Arbitration Claimants whose claims have not been resolved upon the conclusion of mediation may only pursue their disputes in small claims court (if the claim so qualifies) or in a documents-only arbitration with FairClaims, Inc. (“FairClaims”) under its Small Claims or Fast Track arbitration rules depending on the amount of the claim, information about which is available here. The decisions obtained in the bellwether arbitration may be submitted in connection with FairClaims arbitrations for their persuasive value only, and shall not be binding in any arbitration with FairClaims or in any other arbitration or court proceeding.

If FairClaims is for any reason whatsoever unavailable, unable, or unwilling to handle any arbitration assigned to it under these Mass Arbitration Rules, counsel for the Mass Arbitration Claimants and Littleton Coin Company, Inc. shall negotiate in good faith for the substitution of an alternative arbitrator or arbitration organization to conduct documents-only arbitrations in conformity with the requirements of these Mass Arbitration Rules with a cost structure, fees, and procedure comparable to those of FairClaims. If the parties are unable to agree on an alternative to FairClaims, the Mass Arbitration Claimants and Littleton Coin Company, Inc. shall have the right to petition a court of competent jurisdiction to appoint an arbitrator or arbitration organization to conduct documents-only arbitrations under the Mass Arbitration Rules consistent with the requirements of this Arbitration Agreement, with a cost structure, fees, and procedure comparable to those of FairClaims. To the extent consistent with the assertion or defense of any claim asserted in a Mass Arbitration, all parties agree that they will prioritize the minimization of costs in each aspect of the arbitral process.

If these Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and Littleton Coin Company, Inc. agree that all unresolved Disputes between Mass Arbitration Claimants and Littleton Coin Company, Inc. must be filed in and resolved by a court of competent jurisdiction in New Hampshire on an individual basis only, and not as part of a class proceeding, with the defending parties reserving the right to remove the case to federal court if the case qualifies for removal. In such case, the Dispute shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration Claimants are still pending at the time of a Final Determination, those arbitrations shall be dismissed immediately without prejudice and no further arbitrations shall be initiated by or on behalf of any Mass Arbitration Claimants. A court finding that any part of these Mass Arbitration Rules is unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of these Terms.

1.6 Fees and Costs

You and Littleton Coin Company, Inc. agree that each party will bear its own costs and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.

1.7 Improperly Commenced Arbitration or Litigation

If either party believes that the other has initiated an arbitration or litigation in violation of this Arbitration Agreement, if such an arbitration or litigation is threatened, or if either party has reason to believe an improperly commenced arbitration is imminent, the party against whom the arbitration or litigation has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration or litigation from being filed or continued, and awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection with seeking such relief.

1.8 No Class Actions

Except as expressly provided in the Mass Arbitration Rules, we both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one Claimant’s case can only decide the disputes of that Claimant, not other Claimants. Nothing in this Arbitration Agreement limits the parties’ rights to resolve Disputes by mutual agreement through a class-wide settlement of claims.

1.9 Additional Terms

All provisions of this Arbitration Agreement shall survive the termination or expiration of any contract between you and Littleton Coin Company, Inc. Except as provided for in Subsection 1.5, if any provision of this Arbitration Agreement is held to be unenforceable or void for any reason, that provision shall be deemed severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. If the parties cannot agree on such a provision, the arbitrator (or court, if applicable) shall have the authority to fashion such a provision. The remainder of the Arbitration Agreement shall remain in full force. The validity and enforcement of this Arbitration Agreement shall be determined separately from and without reference to any other provision of the Terms.

1.10 Subsequent Changes to Arbitration Agreement

Notwithstanding any other provision of the Terms, if Littleton Coin Company, Inc. changes the terms of this Arbitration Agreement after the date you last agreed to these Terms, you may reject this change by sending a written notice to Littleton Coin Company, Inc. expressly stating “I reject this change to the Arbitration Agreement,” or words to that effect to [email protected] or by sending a letter by certified mail, return receipt requested, to Yvonne Burlock, Director of Fulfillment, 1309 MT Eustis Road Littleton, NH 03561 within thirty (30) days after you first agree to the version of the Terms which includes such changes. Your communication must include your full name, mailing address, and email address. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Littleton Coin Company, Inc. in accordance with the provisions of this "Dispute Resolution" section as of the date you previously indicated acceptance to these Terms.