TERMS AND CONDITIONS
THE COURT IN CHARGE OF THE CASE IS THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA SOUTHERN DIVISION. THE LAWSUIT IS KNOWN AS KRUGER ET AL V. LELY NORTH AMERICA, INC., CASE NO. 0:20-CV-00629-KMM/DTS. BY SUBMITTING THE FORM USING WWW.LELYCLAIM.COM AND BY CHECKING THE BOX “(WE) HAVE, READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS,” ________ OR “YOU”, LOCATED AT Street, City, State, Zip, IN FACT ARE AGREEING TO AND VERIFYING THAT YOU EITHER AS AN INDIVIDUAL OR AS A REPRESENTATIVE OF ANOTHER HAVE AUTHORITY TO ENTER INTO CONTRACTUAL AGREEMENTS ON BEHALF YOUR COMPANY OR GOVERNMENT ENTITY: 1) YOU HAVE DOCUMENTATION TO SUPPORT YOUR CLAIM AND AGREE TO PROVIDE ADDITIONAL INFORMATION TO SUPPORT YOUR CLAIM IF NECESSARY. FAILURE TO PROVIDE SUCH REQUESTED INFORMATION OR DOCUMENTATION MIGHT ADVERSELY AFFECT, OR RESULT IN DENIAL OF, YOUR CLAIM. 2) YOU HAVE NOT ASSIGNED OR TRANSFERRED (OR PURPORTED TO ASSIGN OR TRANSFER) OR REQUESTED TO BE EXCLUDED OR SETTLED FOR THE SAME PURCHASES OR SUBMITTED ANY OTHER CLAIM FOR THE SAME PURCHASES OF RELEVANT PRODUCTS OR SERVICES AND HAVE NOT AUTHORIZED ANY OTHER PERSON OR ENTITY TO DO SO, AND KNOW OF NO OTHER PERSON OR ENTITY HAVING DONE SO ON YOUR BEHALF. 3) THE INFORMATION AND DOCUMENTATION YOU PROVIDED IS ACCURATE AND COMPLETE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF. 4) YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, WHERE THIS ACTION IS PENDING. YOU ARE NEITHER A DEFENDANT, NOR A PARENT, EMPLOYEE, SUBSIDIARY, AFFILIATE OR CO-CONSPIRATOR OF THE DEFENDANTS. 5) YOU ACKNOWLEDGE THAT YOU HAVE CONSIDERED ALL AVAILABLE OPTIONS INCLUDING YOUR OPTION TO OBJECT AND/OR OPT-OUT, TO FILE A CLAIM AT NO COST TO YOU DIRECTLY WITH THE COURT APPOINTED CLAIM ADMINISTRATOR VIA WWW.LELYA4ROBOTSETTLEMENT.COM, TO TAKE NO ACTION WHATSOEVER, AND YOU HAVE CONSULTED WITH PROFESSIONAL ADVISORS SUCH AS ATTORNEYS OR CONSULTANTS OR TAX PROFESSIONALS OR SPECIALIZED COMPANIES OR IF YOU HAVE NOT CONSULTED WITH SUCH PROFESSIONALS YOU HAVE HAD AN OPPORTUNITY TO DO SO BUT INSTEAD DECIDED TO RELY ON YOUR OWN JUDGMENT AND THAT EITHER THROUGH PROFESSIONAL ADVICE OR YOUR OWN FREE WILL AND DESPITE YOUR ABILITY AND OPPORTUNITY TO FILE A CLAIM ON YOUR OWN YOU CHOSE TO BE REPRESENTED BY BUDYONNY LAW GROUP (“BLG”) OR (“WE”) WITH AN ADDRESS AT 180 EAST PROSPECT AVENUE, SUITE 135, MAMARONECK, NEW YORK, 10543 FOR A FEE, A CONTINGENCY PERCENTAGE TO BE DEDUCTED FROM THE PROCEEDS COLLECTED ON YOUR BEHALF FROM ANY SETTLEMENTS STEMMING FROM THE CASE AFOREMENTIONED ABOVE. 6) BLG IS YOUR EXCLUSIVE REPRESENTATIVE IN THIS MATTER. EXCLUSIVITY OF REPRESENTATION MEANS THAT ANY OTHER CLAIMS SUBMITTED BY YOU OR ANYONE ELSE ON YOUR BEHALF AT ANY TIME IN THIS OR SIMILAR MATTER WILL BE CONSIDERED VOID AND THE ONLY CLAIM SUBMITTED BY BLG ON YOUR BEHALF SHALL BE CONSIDERED VALID AND ENFORCEABLE. YOU UNDERSTAND THAT BLG IS AN INDEPENDENT CLAIMANT REPRESENTATIVE AND IS NOT A COURT APPOINTED CLAIMS ADMINISTRATOR OR CLASS COUNSEL. 7) THAT BY SUBMITTING YOUR COMPANY’S INFORMATION VIA WWW.LELYCLAIM.COM A SITE OWNED AND OPERATED BY BLG YOU ACKNOWLEDGE THAT YOU REQUESTED, AND BLG AGREED, TO REPRESENT YOU IN THE ABOVE MATTER AND ANY SETTLEMENTS THERETO FOR THE PAYMENT OF FEES. 8) FOR SERVICE RENDERED AND TO BE RENDERED, BLG IS TO BE COMPENSATED BY A FLAT CONTINGENCY FEE OF THIRTY-FIVE PERCENT (35%) TO BE DEDUCTED FROM ANY PROCEEDS RECEIVED FROM THE ABOVE-REFERENCED MATTER. SHOULD YOUR CLAIM BE DENIED FOR WHATEVER REASON, BLG SHALL NOT BE ENTITLED TO ANY FEES FROM YOU. THIS FEE WILL COVER TIME SPENT ON PREPARING YOUR CLAIM, EXAMINING THE EVIDENCE SUBMITTED IN SUPPORT OF THE CLAIM, IF ANY, CORRESPONDENCE BETWEEN THE FIRM, THE CLERK, THE COURT, AND THE CLAIMS ADMINISTRATOR OR THEIR COUNSEL, BETWEEN YOU AND BLG, AND ANY OTHER TASK WHICH MAY REQUIRE OUR TIME AND EXPERTISE IN PURSUIT OF THIS MATTER ON YOUR BEHALF. DISBURSEMENTS AND EXPENSES, SUCH AS FILING FEES, REPORTERS, TRANSCRIPT COSTS, TOLL TELEPHONE CHARGES, TRAVEL, PHOTOCOPIES, POSTAGE ETC., IF ANY, ARE INCLUDED IN THE FLAT FEE DESCRIBED ABOVE. 9) YOU AUTHORIZE BLG TO RECEIVE THE CLAIMANT ID AND CONTROL NUMBER, IF ANY, FOR YOUR ENTITY NAMED WITH RESPECT TO YOUR CLAIMS, IF ANY, TO SUBMIT A CLAIM ON YOUR BEHALF, TO SIGN A CLAIM FORM AND RELATED DOCUMENTS ON YOUR BEHALF, TO SEND AND RECEIVE CORRESPONDENCE ON YOUR BEHALF, AND RECEIVE AND DISTRIBUTE SETTLEMENT FUNDS ON YOUR BEHALF. IN ADDITION, YOU ACKNOWLEDGE THE FOLLOWING: A) YOU RECEIVED LEGAL NOTICE DETAILING THE AFOREMENTIONED SETTLEMENT AND ARE AWARE OF YOUR RIGHTS AND OPTIONS; B) YOU ARE NOT REPRESENTED BY ANY OTHER INTERMEDIARY IN THIS MATTER. 10) YOU UNDERSTAND THAT IT IS YOUR OBLIGATION TO KEEP BLG INFORMED OF ANY AND ALL DEVELOPMENTS WHICH MAY AFFECT REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE RECEIPT OF ANY PAPERS, PAYMENTS OR INFORMATION BY FORWARDING ALL CORRESPONDENCES AND NOTICES AS SOON AS THEY ARE RECEIVED TO CONTACT@LELYCLAIM.COM OR BY FACSIMILE TO (914) 269-2005. 11) YOU ARE NOT SUBJECT TO BACKUP WITHHOLDING UNDER THE PROVISIONS OF SECTION 3406(A)(1)(C) OF THE INTERNAL REVENUE CODE. 12) YOU ARE AWARE OF AND HAVE BEEN ADVISED OF THE RISKS OF LITIGATION AND OF THE SETTLEMENT PROCESS, INCLUDING FORFEITURE OF YOUR RIGHTS TO SUE ANY OF THE DEFENDANTS IN THIS OR SIMILAR LITIGATION, AND THAT DESPITE OUR EFFORTS ON YOUR BEHALF, WE CAN MAKE NO GUARANTEE OF A SUCCESSFUL CONCLUSION OR OTHER OUTCOME TO YOUR CLAIM. 13) YOU SHALL INDEMNIFY AND HOLD HARMLESS BLG AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS, AFFILIATES, SUBCONTRACTORS AND CUSTOMERS FROM AND AGAINST ALL ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) WHICH ARISE OUT OF, RELATE TO OR RESULT FROM ANY ACT OR OMISSION OF THE CLAIMS ADMINISTRATOR, CLASS COUNSEL, YOU OR ANY OTHER PARTY. 14) BLG MAY REFUSE TO PROCESS YOUR CLAIM ON THE REASONABLE SUSPICION OF FRAUD OR IF THE INFORMATION SUBMITTED BY YOU IS FALSE, INACCURATE, MISLEADING OR INCOMPLETE. 15) IF ANY PROVISION OF THIS AGREEMENT IS HELD ILLEGAL OR UNENFORCEABLE IN A JUDICIAL PROCEEDING, SUCH PROVISION SHALL BE SEVERED AND SHALL BE INOPERATIVE, AND THE REMAINDER OF THIS AGREEMENT SHALL REMAIN OPERATIVE AND BINDING ON THE PARTIES. 16) IN THE EVENT THAT ANY SUIT, ARBITRATION OR OTHER ACTION IS INSTITUTED TO ENFORCE ANY PROVISION IN THESE TERMS AND CONDITIONS, BLG SHALL BE ENTITLED TO RECOVER ALL FEES, COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION, SUCH REASONABLE FEES AND EXPENSES OF ATTORNEYS AND ACCOUNTANTS, WHICH SHALL INCLUDE, WITHOUT LIMITATION, ALL FEES, COSTS AND EXPENSES OF APPEALS. 17) YOU UNDERSTAND THAT BY SIGNING THIS DOCUMENT ELECTRONICALLY BY ENTERING YOUR NAME IN THE DESIGNATED SPACE YOUR SIGNATURE HAS THE SAME LEGAL EFFECT AS A HARD COPY WITH INK SIGNATURE. 18) FINAL DETERMINATIONS OF CLAIM AMOUNTS WILL NOT BE MADE UNTIL AFTER PROCESSING BY THE CLAIMS ADMINISTRATOR IS COMPLETE. CLAIMS WILL NOT BE PAID IF THE VALUE IS EQUAL TO OR LESS THAN $5.00. 19) YOU DECLINE TO PARTICIPATE IN THE TRADE-IN PROGRAM FOR THE NEW A5 SYSTEM, ALSO KNOWN AS OPTION 2. YOU ALSO DECLINE THE OPTION OF EXTENDED WARRANTY. SHOULD YOU WISH TO USE ANY OF THESE OPTIONS, YOU AGREE TO FILE A CLAIM ON THE COURT-APPROVED CLAIMS ADMINISTATOR’S WWW.LELYA4ROBOTSETTLEMENT.COM SITE.
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