IMPORTANTNOTICE ABOUT YOUR RIGHTS – PLEASE READ
THIS ARBITRATION AGREEMENT(“AGREEMENT”) SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS REGARDING THEPRODUCT(S) YOU PURCHASE FROM US SHALL BE RESOLVED. THIS AGREEMENT SETS FORTH IMPORTANTLEGAL RIGHTS. PLEASE READ THIS AGREEMENT CARE4.FULLY.
BY ORDERING A PRODUCT FROM US, YOUUNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN US CONCERNING SUCH PRODUCT SHALLBE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THISAGREEMENT, AND AS SUCH, YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU ALSO WAIVEYOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCHDISPUTES. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST RETURN THE PRODUCTWITHIN FIFTEEN (15) DAYS OF YOUR RECEIPT OF THE PRODUCT.
1. RESOLUTION BY BINDINGARBITRATION. Any claim or dispute between you and us, or any of oursubsidiaries or affiliates, arising out of or relating in any way to theProduct or this Agreement shall be resolved through final, binding arbitration.This arbitration obligation applies regardless of whether the claim or disputeinvolves a tort, fraud, misrepresentation, product liability, negligence,violation of a statute, or any other legal theory. You specifically acknowledgeand agree that you waive your right to bring a lawsuit based on such claims ordisputes and to have such lawsuit resolved by a judge or jury.
2. WAIVER OF CLASSPARTICIPATION. All arbitrations under this Agreement shall beconducted on an individual (and not a class-wide) basis, and an arbitratorshall have no authority to award class-wide relief. You acknowledge and agreethat this Agreement specifically prohibits you from commencing arbitrationproceedings as a representative of others or joining in any arbitrationproceedings brought by any other person. You also acknowledge and agree thatyou are giving up your right to serve as a representative, as a privateattorney general, or in any other representative capacity, and/or toparticipate as a member of a class of claimants in any lawsuit filed against usand/or related third parties.
3. ARBITRATION PROCEDURES.
- A. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to us by calling our Legal Representative toll free at 800-423-4248 and providing all requested information. You may be required to provide us with a written statement setting forth the nature of your claim or dispute. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolution Period”). If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement.
- B. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site atwww.adr.org.
- C. The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration.
- D. The arbitration of any claim or dispute under this Agreement shall be conducted in the New York County, New York State.
4. COSTS. Alladministrative expenses of the arbitration proceedings commenced under thisAgreement shall be as follows:
- A. If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed One Hundred Dollars ($100);
- B. If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed Three Hundred Dollars ($300); and
- C. If the claim or dispute that is the subject of the arbitration proceedings exceeds $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA.
- D. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
5. SMALL CLAIMS. Allparties shall retain the right to seek adjudication in a small claims tribunalin the county of your residence for disputes within the scope of suchtribunal’s jurisdiction. Any dispute that cannot be adjudicated within thejurisdiction of a small claims tribunal shall be resolved by bindingarbitration as described in and in accordance with, the terms of this Agreement.Any appeal of a judgment from a small claims tribunal shall be resolved bybiding arbitration under the terms of this Agreement.
6. SEVERABILITY. Ifany provision of this Agreement is declared or found to be unlawful,unenforceable or void, such provision will be ineffective only to the extentthat it is found unlawful, unenforceable or void, and the remainder of theprovision and all other provisions shall remain fully enforceable.