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e Any proceedings to resolve or litigate any
dispute in any forum will be conducted solely
on an individual basis. Neither You nor Sealy
will seek to have any dispute heard as a class
action, private attorney general action, or in
any other proceeding in which either party
acts or proposes to act in a representative
capacity. No arbitration or proceeding will
be combined with another without the prior
written consent of all parties to all affected
arbitrations or proceedings.
f Any arbitration will be conducted by the
American Arbitration Association (the “AAA”)
under its Commercial Arbitration Rules
applying U.S. Federal Rules of Procedure
and U.S. Federal Rules of Evidence. The AAA
Supplementary Procedures for Consumer-
Related Disputes will also apply. For more
information, see www.adr.org or call
1-800-778-7879. You agree to commence
arbitration only in your county of residence
or in Fayette County, Kentucky. Sealy agrees
to commence arbitration only in your county
of residence. You may request a telephonic or
in-person hearing by following the AAA rules.
In a dispute involving $10,000 or less, any
hearing will be telephonic unless the arbitrator
finds good cause to hold an in-person hearing
instead. The arbitrator may award the same
damages to you individually as a court could.
The arbitrator may award declaratory or
injunctive relief only to you individually, and
only to the extent required to satisfy your
individual claim.
g Sealy will promptly reimburse your filing fees
and pay the AAA’s and arbitrator’s fees and
expenses as provided below. If you reject
Sealy’s last written settlement offer made
before the arbitrator was appointed (“Sealy’s
last written offer”), your dispute goes all the
way to an arbitrator’s decision (called an
“award”), and the arbitrator awards you more
than Sealy’s last written offer, Sealy will give
you three incentives: (i) pay the greater of the
award or $5,000; (ii) pay twice your reasonable
attorney’s fees, if any; and (iii) reimburse any
expenses (including expert witness fees and
costs) that your attorney reasonably accrues
for investigating, preparing, and pursuing
your claim in arbitration. The arbitrator will
determine the amount of fees, costs, and
expenses unless you and Sealy agree on them.
For purposes of this limited warranty, an email
shall be considered a written communication.
h In any arbitration you commence, Sealy will
seek its AAA or arbitrator’s fees and expenses,
or your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous or
brought for an improper purpose. In any
arbitration Sealy commences, Sealy will pay all
filing, AAA, and arbitrator’s fees and expenses.
Sealy may also seek its attorney’s fees or
expenses from you in any arbitration. Fees and
expenses are not counted in determining how
much a dispute involves.
i This warranty governs to the extent it conflicts
with AAA’s Commercial Arbitration Rules and
Supplementary Procedures for Consumer-
Related Disputes.
j To the extent permitted by law, any claim or
dispute under this Limited Warranty must be
filed within one year in small claims court,
an arbitration proceeding, or in court, if so
permitted herein. The one-year period begins
when the claim or Notice of Dispute first could
be filed. If a claim or dispute is not filed within
one year, it is permanently barred.
k If the class action waiver is found to be illegal
or unenforceable as to all or some parts
of a dispute, then it will not apply to those
parts. Instead, those parts will be severed and
proceed in a court of law, with the remaining
parts proceeding in arbitration. If any other
provision of this section is found to be illegal or
unenforceable, that provision will be severed
with the remainder of this section remaining in
full force and effect.
All parts of this Limited Warranty apply to the
maximum extent permitted by law or unless
prohibited by law. This Limited Warranty gives the
purchaser specific legal rights, and the purchaser
may also have other rights, which may vary from
state to state.
If you experience any trouble with your
Reflexion
®
system during the warranty period,
please consult the troubleshooting section
of your Reference Guide. If problems persist
after following these instructions, please call:
1-800-499-1965.
Warranty (continued)