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DRY VACUUM USER MANUAL
866-DTE-INFO
dentalez.com
PN: 7717-001C
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under
this agreement shall be held in the United States in Pennsylvania, under Pennsylvania law without regard to its
conflict of laws provisions. If traveling to Pennsylvania is a burden, you may participate in the arbitration by phone
or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of
arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we
will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). The arbitration may
award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on
the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Authority
of
Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and DentalEZ, and the dispute will not be
consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award
monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable
law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding upon you and Aeras.
E. Waiver of Class Actions.
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on
an individual basis and may not bring a claim against us as a plaintiff or a class member in a class, consolidated,
or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with
other arbitrations are not allowed.
F.
Waiver of Jury Trial.
EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE
TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND THEREFORE THE PARTIES
HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE (INCLUDING ANY
CONSTITUTIONAL AND STATUTORY RIGHTS) TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY, instead electing that all claims and disputes arising in connection with these Terms shall be
resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules
applicable in court. In the event any litigation should arise between you and DentalEZ in any state or federal court
in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DENTALEZ WAIVE ALL RIGHTS TO A
JURY TRIAL, instead electing that the dispute be resolved by a judge alone.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN
DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
G. Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these
Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its
conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a
court of competent jurisdiction located in Pennsylvania.
1. Disclaimer of Representations and Warranties.
YOUR USE OF THE SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICE
INCLUDING ANY OTHER SERVICES, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICE IS
PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NEITHER DENTALEZ NOR ANY OF ITS OFFICERS, DIRECTORS,
MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "DENTALEZ PARTIES") MAKE, AND THE
DENTALEZ PARTIES EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, CONDITIONS
OR ENDORSEMENTS OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE CONTENT
OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE
TERMS OF USE
