WARRANTY BOOKLET
46
www.gateway.com
7. Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES
EXPRESSED IN THIS AGREEMENT, GATEWAY DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES
THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT.
GATEWAY S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE
PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS
ALLOWED BY LAW. NEITHER YOU NOR GATEWAY IS LIABLE TO THE OTHER IF YOU OR
IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL,
SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF
USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER
FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF
LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Dispute Resolution. You and Gateway agree that any Dispute between You and Gateway will
be resolved exclusively and finally by arbitration administered by the National Arbitration Forum
(NAF) and conducted under its rules, except as otherwise provided below. You and Gateway will
agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted
before a single arbitrator, and will be limited solely to the Dispute between You and Gateway.
The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not
be conducted on a class-wide or class action basis. The arbitration shall be held at any
reasonable location near your residence by submission of documents, by telephone, online or in
person whichever method of presentation You choose. If You prevail in the arbitration of any
Dispute with Gateway, Gateway will reimburse You for any fees you paid to NAF in connection
with the arbitration. Any decision rendered in such arbitration proceedings will be final and
binding on the parties, and judgment may be entered thereon in any court of competent
jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may
award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in
staying or dismissing such other proceedings or in otherwise enforcing compliance with this
dispute resolution provision. You understand that, in the absence of this provision, You
would have had a right to litigate disputes through a court, including the right to litigate
claims on a class-wide or class-action basis, and that You have expressly and knowingly
waived those rights and agreed to resolve any Disputes through binding arbitration in
accordance with the provisions of this paragraph. This arbitration provision shall be
governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this
provision, the term Dispute means any dispute, controversy, or claim arising out of or relating
to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof,
(ii) the related order for, purchase, delivery, receipt or use of any product or service from
Gateway, or iii) any other dispute arising out of or relating to the relationship between You and
Gateway; the term Gateway” means Gateway, Inc, its parents, subsidiaries, affiliates, directors,
officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and
software), and/or any third party who provides products or services purchased from or distributed
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