Diamond PD
Power Drive
: Instruction Manual
Shed Master Instruction Manual
GDO-8V3
27
© Copyright 2017
10. Customer Agreement & Warranty
2. INTELLECTUAL PROPERTY.
You must respect the intellectual property rights of ATA, our third-party content providers,
and any other owner of intellectual property whose protected property may appear on
any website and/or dialogue box controlled by ATA or accessed through the ATA’s
websites. Except for material in the public domain, all material displayed in association
with the Product is protected by copyright or trademarks. Except for personal, non-
commercial use, this material may not be copied, downloaded, redistributed, modified
or otherwise exploited, in whole or in part, without the permission of the owner. The
ATA trademarks and logos are the exclusive property of ATA.
3. SEVERABILITY
If any provision of this Agreement is found to be unenforceable by a court
or agency of competent jurisdiction, the remaining provisions will remain in
full force and effect. The foregoing does not apply to the prohibition against
class or representative actions that is part of the arbitration clause; if that
prohibition is found to be unenforceable, the arbitration clause (but only the
arbitration clause) shall be null and void.
4. GOVERNING LAW
In the event of a dispute between you and ATA, Texas law, whether in
litigation or arbitration, shall govern that dispute and the interpretation
of this Agreement, except to the extent that such law is preempted by or
inconsistent with applicable federal law.
5. LANGUAGE
The original version of this Agreement is in the English language. Any
discrepancy or conflicts between the English version and any other language
version will be resolved with reference to and by interpreting the English
version.
HOW DO I RESOLVE DISPUTES WITH ATA?
1. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s
satisfaction by calling our customer service department at (817)-873-5076.
In the unlikely event that ATA’s customer service department is unable to
resolve a complaint you may have to your satisfaction (or if ATA has not been
able to resolve a dispute it has with you after attempting to do so informally),
we each agree to resolve these disputes through binding arbitration or
small claims court instead of courts of general jurisdiction. Arbitration is
more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in court,
and is subject to very limited review by courts. Arbitrators can award the
same damages and relief that a court can award. Any arbitration under this
Agreement will take place on an individual basis; class arbitrations and class
actions are not permitted.
2. ARBITRATION AGREEMENT
1. You and ATA agree to arbitrate all disputes and claims between us. This
agreement to arbitrate is intended to be broadly interpreted. It includes, but
is not limited to:
• claims arising out of or relating to any aspect of the relationship between
us, whether based in contract, tort, statute, fraud, misrepresentation or any
other legal theory; and
• claims that may arise after the termination of this Agreement.
References to “ATA,” “you,” and “us” include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors and
assigns, as well as all authorized or unauthorized users or beneficiaries
of services or Products under this or prior Agreements between us. This
arbitration agreement does not preclude you from bringing issues to the
attention of federal, state, or local agencies. You agree that, by entering into
this Agreement, you and ATA are each waiving the right to a trial by jury or to
participate in a class action. Notwithstanding the foregoing, either party may
bring an individual action in small claims court.] This Agreement evidences
a transaction in interstate commerce, and the Federal Arbitration Act
governs the interpretation and enforcement of this provision. This arbitration
agreement shall survive termination of this Agreement.
2. A party who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). The Notice to ATA
should be addressed to: Office for Dispute Resolution, ATA,Vineyard Centre
II, 1452 Hughes Road, Grapevine, Texas 76051 (“Notice Address”). The
Notice must: (a) describe the nature and basis of the claim or dispute; and (b)
set forth the specific relief sought (“Demand”). If ATA and you do not reach
an agreement to resolve the claim within 30 days after the Notice is received,
you or ATA may commence an arbitration proceeding. During the arbitration,
the amount of any settlement offer made by ATA or you shall not be disclosed
to the arbitrator until after the arbitrator determines the amount, if any, to
which you or ATA is entitled. You may download or copy a form Notice and a
form to initiate arbitration at www.ata-america.com.
3. The arbitration will be governed by the Commercial Arbitration Rules and
the Supplementary Procedures for Consumer Related Disputes (collectively,
“AAA Rules”) of the American Arbitration Association (“AAA”), as modified
by this Agreement, and will be administered by the AAA. The AAA Rules
are available online at adr.org, by calling the AAA at 1-800-778-7879, or by
writing to the Notice Address. (You may obtain information that is designed
for non-lawyers about the arbitration process at att.com/arbitration-
information.) The arbitrator is bound by the terms of this Agreement. All
issues are for the arbitrator to decide, except that issues relating to the scope
and enforceability of the arbitration provision are for the court to decide.
Unless ATA and you agree otherwise, any arbitration hearings will take place
in Texas]. If your claim is for $10,000 or less, we agree that you may choose
whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person
hearing as established by the AAA Rules.
4. The arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim. YOU AND ATA AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and ATA agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision is found to
be unenforceable, then the entirety of this arbitration provision shall be null
and void.
