contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to
any claims for death, injury or property damages, shall be submitted to binding arbitration upon the request of
either party upon the service of that request on the other party. This arbitration clause shall apply all the
persons in privity with you, including your family members, beneficiaries, and assigns.
The arbitration shall be conducted by the American Arbitration Association (AAA) according to its Commercial
Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “AAA
Rules”). The AAA Rules are available online at adr.org, or by calling the AAA at 1-800-778-7879. The arbitration
shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief
allowed by the “Liability Disclaimer and Limitation” clause herein subject to the applicable law. The arbitration
tribunal shall have the power to rule on any challenge to its jurisdiction or to the validity or enforceability of any
portion of the agreement to arbitrate. Any decision of the arbitrator shall be final and may be entered into any
judgment in any court of competent jurisdiction. You waive the right to have your claim heard in a court of law
and by jury.
You waive the right to participate in class actions arising from or relating to all claims and disputes with Segway
Parties. You agree to arbitrate solely on an individual basis, and that this agreement does not permit class
arbitration or any claims brought as a plainti
ff
or class member in any class or representative arbitration
proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise
preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is
deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
Section 6 “Claims and Dispute Resolution” clause shall survive upon termination or expiration of this
agreement and/or limited warranty or in an event that this agreement and/or the limited warranty is held as
void, avoidable, invalid, or unenforceable, either in whole or part, by a competent adjudication institution with
actual authority and jurisdiction over this matter.
Segway Parties require and you hereby agree that you shall arbitrate your claims against Segway Parties
according to the arbitration described above before you exercise your rights according to the title of the
Magnuson-Moss Warranty Act. Title Iof the Magnuson-Moss Warranty Act does not require you to pursue rights
and remedies available to you that are not provided by Title I of the Magnuson-Moss Warranty Act.
6.2 Small Claim
For any arbitration in which your total claims, exclusive of attorney fees and expert witness fees, is $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 on the condition of the arbitrator’s actual and a
ffi
rmative finding that the
claim is non-frivolous. In a Small Claim case, you are required to pay no more than half of the total administra-
tive, facility, and arbitrator fees, or $50.00 of such fees, whichever is less, and Segway Parties shall pay the
remainder of such fees. In a Small Claim case, Segway Parties shall not recover any attorney fees provided that
your claim is non-frivolous. Administrative, facility, and arbitrator fees for arbitrations in which your total
claimed damages, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”), shall
be determined according to AAA Rules. In a Large Claim case, the arbitrator may grant to the prevailing party,
or apportion among the parties, reasonable attorney fees, expert witness fees, and costs. The arbitrator shall be
entitled to award declaratory or injunctive relief upon request by any party.
6.3 Opt Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY AND
OTHER SEGWAY PARTIES NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST
CONSUMER PURCHASER’S PURCHASE OF THE PRODUCT. TO OPT-OUT YOU MUST SEND NOTICE BY E-MAIL
TO SEGWAY AT [email protected], WITH THE SUBJECT LINE: “ARBITRATION OPT-OUT.” THE
OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND
PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL
NAME OR MODEL NUMBER; AND (D) THE SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT OUT BY
SENDING AN ELECTION TO OPT-OUT LETTER TO SEGWAY AT SEGWAY INC., 14 TECHNOLOGY DRIVE,
BEDFORD, NH 03110 VIA CERTIFIED MAIL WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE
FIRST END USER’S PURCHASE OF THE PRODUCT FROM SEGWAY DEALER. THE OPT-OUT LETTER SHALL
CONTAIN THE FOLLOWING INFORMATION: (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND
PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL
NAME OR MODEL NUMBER; (D) THE SERIAL NUMBER; AND (E) AN STATEMENT AS FOLLOWS: THE ABOVE
CONSUMER ELECTS TO OPT-OUT THE DISPUTE RESOLUTION PROCEDURE AS PROVIDED BY THIS LIMITED
WARRANTY, THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS DISPUTE RESOLUTION
PROCEDURE. ELECTION TO OPT-OUT 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.
6.4 Federal Arbitration Act
13
