SixThreeZero EVRYJOURNEY, Assembly Manual

Page: 74 / 80

W E ST R I V E F O R P E R F E CT, A LT H O U G H I T ’ S N OT A LWAYS P O S S I B L E , W E N E V E R L E AV E A R I D E R B E H I N D.
What is the procedure for resolving disputes?
ALL DISPUTES WITH SIXTHREEZERO ARISING IN ANY WAY
FROM THIS LIMITED WARRANTY OR THE SALE, VALUE,
CONDITION OR PERFORMANCE OF THE PRODUCTS
MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND
BINDING ARBITRATION, AND NOT BY A COURT OR JURY,
WITH THE SOLE EXCEPTION THAT NOTHING IN THIS
PROVISION WILL PROHIBIT ANY SUCH DISPUTE FROM
BEING RESOLVED AS AN INDIVIDUAL CLAIM IN A SMALL
CLAIMS COURT. Any such dispute, whether arbitrated or
brought in small claims court, will not be combined or
consolidated with a dispute involving any other person’s
or entity’s product or claim, and specifically, without
limitation of the foregoing, must not under any
circumstances proceed as part of a class action or
collective action. It is the express intent of the parties that
any and all disputes will be resolved on an individual basis
only, and that the arbitrator will not have the power to
award class or collective relief or to determine or order
that the dispute should proceed as a class or collective
action, whether in arbitration or in any other forum or
venue. The arbitration will be conducted before a single
arbitrator, whose award must not exceed, in form or
amount, the relief allowed by the applicable law. The
arbitration will be conducted according to the American
Arbitration Association (“AAA”) rules and procedures
applicable to consumer disputes (which currently may
be found at www.adr.org) or, if AAA consumer dispute
rules and procedures cannot, for whatever reason, be
applied, then according to JAMS consumer arbitration
rules and procedures or other arbitration rules and
procedures appropriate for use in consumer disputes.
This arbitration provision is entered pursuant to the
Federal Arbitration Act, and the substantive laws of the
State of California, without reference to its choice of laws
principles, will otherwise govern the interpretation of the
Limited Warranty and all disputes that are subject to this
arbitration provision. The arbitrator will decide all issues of
interpretation and application of this arbitration provision
and the Limited Warranty. Judgment may be entered on
the arbitrator’s final award in any court of competent
jurisdiction.