If you do not want to receive any cash payment from this Settlement, and you want to preserve your legal rights, then you must take steps to end your participation in this lawsuit. This is called excluding yourself from the Class. To exclude yourself from the Class, you must mail a written request stating that you “request exclusion from the Class in the Backhaus v. AGP et al. lawsuit.” In addition, your request must include your name, current address, telephone number and your signature. The signature must be original; copies of signatures are not valid. You must mail your written request so that it is received by the Settlement Administrator no later than October 14, 2009. Send your written request to:
BTN+ Litigation Settlement Administrator
P.O. Box 2209
Faribault, MN 55021-1609
You cannot exclude yourself by telephone, facsimile or by e-mail.
If you ask to be excluded, you will not receive any cash payment and you cannot object to the Settlement. Also, you will not be legally bound by anything that happens in this lawsuit, and you would not be prevented by this Settlement from suing any of the Released Parties for the above described claims in the future. Released Parties is defined in Section VIII of the Notice. However, if you exclude yourself and bring your own lawsuit, you would be subject to all of the risks of litigation, including the risk that your lawsuit would be rejected because you filed it too late or would be unsuccessful for other reasons.
If you do not file your request for exclusion on time, you will be legally bound by all the proceedings in this lawsuit, including all court orders and judgments in the lawsuit, even if you have a lawsuit pending against the Released Parties that covers claims that have been released in this lawsuit, or if you subsequently start a lawsuit or an arbitration or any other proceedings against any of the Released Parties for any of the claims described above.
Once you exclude yourself, you will receive no cash payment unless you withdraw your notice of exclusion before the deadline.