BlindShell Classic 2, Manual, Page: 58 / 59

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Limits of the manufacturer's liability
The warranty described herein sets out the full extent of Matapo’s responsibilities,
and the exclusive remedy regarding the product. In no event will Matapo be liable
for damages in excess of the purchase price of the product or for, without limitation,
commercial loss of any sort; loss of use, time, data, reputation, opportunity, good­
will, profits or savings; inconvenience; or incidental, special, consequential or punitive
damages.
Matapo’s authorized distributors bear no responsibility or liability associated with the
use or misuse of the device.
Dispute resolution - U.S. and its territories only
This document herein constitutes a binding legal agreement (“agreement”) between
you (either an individual or an entity) and Matapo. Opening the product packaging,
use of the product or retention of the product constitutes acceptance of this agreement,
regardless of whether you are the original purchaser, user, or other recipient of the
product.
You and Matapo each agree that all disputes arising in any way from this limited war­
ranty, or the sale condition, or performance of the product shall be resolved exclusively
through final and binding arbitration, and not by a court or a jury. Any such dispute
shall not be combined or consolidated with a dispute involving any other person’s or
entity’s product or claim, and specifically, without limitation of the foregoing, shall not
under any circumstances proceed as part of a class action. The arbitration shall be
conducted before a single arbitrator, whose award may not exceed, in form or amount,
the relief allowed by the applicable law.
The arbitration shall be conducted according to the American Arbitration Association
(AAA) Commercial Arbitration Rules applicable to consumer disputes. The AAA
Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. This
arbitration provision is entered pursuant to the Federal Arbitration Act. The laws
of the State of New York, without reference to its choice of laws principles, shall
govern the interpretation of the Limited Warranty and all disputes that are subject to
this arbitration provision. The arbitrator shall decide all issues of interpretation and
application of this arbitration provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive of attorney fees and
expert witness fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you
prevail, award your reasonable attorney fees, expert witness fees and costs as part of
any award, but may not grant Matapo its attorney fees, expert witness fees or costs
unless it is determined that the claim was brought in bad faith. In a Small Claim case,
you shall be required to pay no more than half of the total administrative, facility and
arbitrator fees, or $50.00 of such fees, whichever is less, and Matapo shall pay the
remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in
which your total damage claims, exclusive of attorney fees and expert witness fees,
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