23
User Manual
scope or applicability of this Arbitration Clause. The arbitration
requirement applies to claims in contract and tort, pursuant to
statute, or otherwise.
3.
CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED ON
AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND
WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU
MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE
ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY.
YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR
ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS
.
4. Discovery and Other Rights: Discovery and rights to appeal in arbitration
are generally more limited than in a lawsuit. This applies to both you and
us. Other rights that you or we would have in court may not be available
in arbitration. Please read this Arbitration Clause and consult the rules of
the arbitration organizations listed below for more information.
5. SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE TO LITIGATE
ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS
COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS ALL
REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT.
6. Governing Law: For residents of the United States, the procedures and
effect of the arbitration will be governed by the Federal Arbitration Act
(9 U.S.C. § 1 et seq.) rather than by state law concerning arbitration. For
residents of Canada, the procedures and effect of the arbitration will be
governed by the applicable arbitration law of the province in which you
purchased your control. The law governing your substantive warranty
rights and other claims will be the law of the state or province in which
you purchased your control. Any court having jurisdiction may enter
judgment on the arbitration award.
7. Rules of the Arbitration: If the amount in controversy is less than
$250,000, the arbitration will be decided by a single arbitrator. If
the amount in controversy is greater than or equal to $250,000,
the arbitration will be decided by a panel of three arbitrators. The
arbitrator(s) will be chosen pursuant to the rules of the administering
arbitration organization. United States residents may choose the
American Arbitration Association (1633 Broadway, 10th Floor, New York,
NY 10019, www.adr.org), JAMS (1920 Main Street, Ste. 300, Irvine,
CA 92614, www.jamsadr. com), or, subject to our approval, any other
arbitration organization. In addition, Canadian residents may choose
the ADR Institute of Canada (234 Eglinton Ave. East, Suite 405, Toronto,
Ontario, M4P 1K5, www.amic.org). These organizations’ rules can be
obtained by contacting the organization or visiting its website. If the
chosen arbitration organization’s rules conflict with this Arbitration
Clause, the provisions of this Arbitration Clause control. The award of the
arbitrator(s) shall be final and binding on all parties.
8. Location of the Arbitration Hearing: Unless applicable law provides
otherwise, the arbitration hearing for United States residents will be
conducted in the federal judicial district in which you reside or, for
Canadian residents, in the province in which you reside.
9. Costs of the Arbitration: Each party is responsible for its own attorney,
expert, and other fees unless applicable law requires otherwise.
Goodman will pay your share of the fees charged by the arbitration
organization and arbitrator(s) beyond the first $200. Where permissible
by law, you may be required to reimburse Goodman for the fees of the
arbitration organization and arbitrator(s) in whole or in part by decision
of the arbitrator(s) at the discretion of the arbitrator(s).
10. Survival and Enforceability of this Arbitration Clause: This Arbitration
Clause shall survive the expiration or termination, or any transfer, of the
warranty on your control. If any part of this Arbitration Clause, except
waivers of class-action rights, is found to be unenforceable for any
reason, the remainder of this clause and the warranty shall remain
enforceable. If, in a case in which class-action allegations have been
made, the waiver of class-action rights under this warranty is found
to be unenforceable with respect to any part of the dispute, the parts
of the dispute as to which the waiver of class-action rights have been
found unenforceable will be severed and will proceed in court without
reference or application of this Arbitration Clause. Any remaining parts
will proceed in arbitration.
Part No. PWCSTATPLUS