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shall be resolved exclusively through
binding arbitration. YOU
UNDERSTAND AND ACKNOWLEDGE
THAT BY AGREEING TO ARBITRATION,
YOU ARE GIVING UP THE RIGHT TO
LITIGATE (OR PARTICIPATE IN AS A
PARTY OR CLASS MEMBER) IN ANY
DISPUTES IN COURT. You also agree
that ANY DISPUTE RESOLUTION
PROCEEDING WILL ONLY CONSIDER
YOUR INDIVIDUAL CLAIMS, AND
BOTH PARTIES AGREE NOT TO HAVE
ANY DISPUTE HEARD AS A CLASS
ACTION, REPRESENTATIVE ACTION,
CONSOLIDATED ACTION, OR PRIVATE
ATTORNEY GENERAL ACTION.
Despite
the above, You have the right to
litigate any Dispute on an individual
basis in small claims court or other
similar court of limited jurisdiction, to
the extent the amount at issue does
not exceed $15,000, and as long as
such court has proper jurisdiction and
all other requirements (including the
amount in controversy) are satisfied.
Arbitration Instructions.
To begin
Arbitration, either You or Nextorage
must make a written demand to the
other for arbitration. The Arbitration
will take place before a single
arbitrator. The arbitration will be
administered in keeping with the
Expedited Procedures of the
Commercial Arbitration Rules and the
Supplementary Proceedings for
Consumer-Related disputes (“Rules”)
of the American Arbitration
Association (“AAA”), when applicable
and in effect when the claim is filed.
You may get a copy of AAA’s Rules by
contacting AAA at (800) 778-7879 or
visiting www.adr.org. The filing fees to
begin and carry out arbitration will be
shared between You and Nextorage,
but in no event shall Your fees ever
exceed the amount allowable by the
special rules for Consumers Disputes
provided for by AAA, at which point
Nextorage will cover all additional
administrative fees and expenses. This
does not prohibit the Arbitrator from
giving the winning party their fees and
expenses of the arbitration when
appropriate pursuant to the Rules.
Unless You and Nextorage agree
differently, the arbitration will take
place in the county and state where
You live, and applicable federal or
state law shall govern the substance of
any Dispute during the arbitration.
However, the Federal Arbitration Act, 9
U.S.C. § 1, et seq., will govern the
arbitration itself and not any state law
on arbitration. The Arbitrator’s
decision will be binding and final,
except for a limited right of appeal
under the Federal Arbitration Act.
Opt-Out Instructions. IF YOU DO NOT
WISH TO BE BOUND BY THE BINDING
ARBITRATION PROVISION, THEN:
(1)
You must notify Nextorage in writing
within 30 days of the date that You
purchased the product; (2) Your
written notification must be mailed to
Nextorage Corporation, Kawasaki-eki-
mae Tower Riverk 9F 12-1
Ekimaehoncho, Kawasaki-ku Kawasaki
city Kanagawa 210-0007 Japan. AND
(3) Your written notification must
include (a) Your NAME, (b) Your
ADDRESS, (c) the DATE You purchased
the product, and (d) a clear statement
that “YOU DO NOT WISH TO RESOLVE
DISPUTES WITH Nextorage THROUGH
ARBITRATION AND/OR BE BOUND BY
THE CLASS ACTION WAIVER”
Opting out of this dispute resolution
procedure will not affect the coverage
of the Limited Warranty in any way,
and You will continue to enjoy the
benefits of the limited warranty.