YOU HEREBY AGREE THAT ALL OTHER CLAIMS, NOT OTHERWISE BROUGHT IN A
SMALL CLAIMS COURT AS PROVIDED HEREIN, REGARDING ANY DISPUTE, CLAIM
OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN
ANY WAY TO THIS LIMITED WARRANTY, REGARDLESS OF THE NATURE OF THE
CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLAR-
ATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION
IN ACCORDANCE WITH THE COMPREHENSIVE ARBITRATION RULES ADMINIS-
TERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL
ARBITRATION RULES AN SUPPLEMENTARY PROCEDURES FOR CONSUMER RE-
LATED DISPUTES. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT
ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD-PARTY CLAIMS, INTER-
PLEADERS, OR OTHERWISE. THE ARBITRATION SHALL TAKE PLACE IN THE
COUNTY OF LOS ANGELES, CALIFORNIA, USA, IN THE ENGLISH LANGUAGE.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE
AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO
A JURY TRIAL OR THE OPPORTUNITY TO
LITIGATE ANY CLAIMS IN COURT (OTHER THAN SMALL CLAIMS COURT) BEFORE
EITHER A JUDGE OR JURY. THE ARBITRATION WILL HAVE NO AUTHORITY TO
AWARD ANY JUDGEMENT THAT CONFLICTS WITH THE TERMS OF THIS LIMITED
WARRANTY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A
CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN
THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN
COURT BEFORE EITHER A JUDGE OR JURY AGAINST APOLLO DESIGN & TECH AND
INDEMNIFIED PARTIES; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS
MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE
ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY.
12. Waiver and Severability.
No waiver by Apollo of any term or condition in this Limited Warranty will be
deemed a further or continuing waiver of such term or condition, or a waiver of any
other term. If any provision of this Limited Warranty is unlawful, void or unenforce-
able, that provision shall be
deemed severable and shall not affect any remaining provisions.
NOTE! Your Product is a sophisticated device. AirVape strongly encourages you to
familiarize yourself with the user guide and instructions provided with and for the
Product.
NOTE! AirVape cannot and will not withhold any consumer information from any
local, national or International law enforcement agencies with regards to use of
any Product manufactured or services provided by Apollo Design & Tech.
