18
19
TA500
TA500
ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING
THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE “PRODUCTS”) FOR MORE THAN
THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY
RETURN THE PRODUCT TO COMPANY WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY
PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR SELLER
OF THIS PRODUCT (COLLECTIVELY, “COMPANY”), MUST BE RESOLVED THROUGH BINDING ARBITRATION
AND NOT IN COURT. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED IN A CLASS ACTION
OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER PERSONS OR OTHER PERSONS REPRESENT YOU,
AND THAT NO CLASS OR REPRESENTATIVE ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL
TERMS IN THIS AGREEMENT.
1. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising out of or
relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This
arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether
the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute,
or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right
to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an
arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement
specifically prohibits you and the Company from commencing arbitration proceedings as a representative of
others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or
representative actions of any type are permitted.
3. ARBITRATION PROCEDURES.
a
.
Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company
to try to resolve the matter by calling 800.875.8577, although you are not required to do so.
b
.
The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the
expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those
Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and
procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of
any claim or dispute under this Agreement shall be conducted by an arbitrator who has at least five years of
experience conducting arbitrations.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or
the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the
arbitration proceeds in person, by telephone, or based only on submissions.
d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all
professional fees for the arbitrator’s services. The Company shall pay the fees and costs of its own counsel,
experts and witnesses and shall not be able to recoup them from you even if you do not prevail in the
arbitration. Unless otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs
of your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this
Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties
acknowledge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this
Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the
laws of the State of California, exclusive of conflict or choice of law rules.
5. SEVERABILITY.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision
will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the
provision and all other provisions shall remain fully enforceable.
