30
T
O THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND
DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING TOLT TECHNOLOGIES’ NEGLIGENCE, ALLEGED DAMAGE, OR
DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), TOLT MAY, AT ITS SOLE OPTION AND IN
ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES (INCLUDING, NEW
JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All Other Warranties or Guarantees Disclaimed and Excluded
T
O THE GREATEST EXTENT PERMITTED BY
A
PPLICABLE LAW
, T
HIS WARRANTY CONSTITUTES
T
OLT
T
ECHNOLOGIES
’
SOLE
WARRANTY WITH RESPECT TO ANY PRODUCT OR COMPONENT OF THE PRODUCT
. T
O THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW
, T
OLT
T
ECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES
,
WHETHER EXPRESS OR IMPLIED BY LAW
,
INCLUDING
,
BUT NOT LIMITED TO
,
ANY WARRANTY OF MERCHANTABILITY
,
NON
-
INFRINGEMENT
,
TITLE
,
OR FITNESS FOR A
PARTICULAR PURPOSE
. I
F AN IMPLIED WARRANTY DOES APPLY TO ANY PRODUCT
,
THE TERM OF SUCH IMPLIED WARRANTY WILL
NOT EXCEED TWO YEARS
. S
OME STATES
(
INCLUDING
W
ASHINGTON AND NEW
J
ERSEY
)
DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES
,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
. S
OME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER
If you and Tolt Technologies have a dispute, you and Tolt Technologies agree to try for 60 days to resolve it informally.
I
F YOU AND
T
OLT
T
ECHNOLOGIES CANNOT RESOLVE ANY SUCH DISPUTE
,
YOU AND
T
OLT
T
ECHNOLOGIES AGREE TO BINDING INDIVIDUAL ARBITRATION BEFORE
THE
A
MERICAN
A
RBITRATION
A
SSOCIATION UNDER THE
F
EDERAL
A
RBITRATION
A
CT
(FAA),
AND NOT TO SUE IN COURT IN FRONT OF A JUDGE
OR JURY
. I
NSTEAD
,
A NEUTRAL ARBITRATOR WILL DECIDE
.
T
O THE GREATEST EXTENT PERMITTED BY
A
PPLICABLE LAW
,
C
LASS
ACTION LAWSUITS
,
CLASS
-
WIDE ARBITRATIONS
,
PRIVATE ATTORNEY GENERAL ACTIONS
,
AND ANY OTHER PROCEEDING WHERE SOMEONE
ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED
;
NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL
PARTIES
.
Y
OU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY
,
OR TO PARTICIPATE IN A CLASS
ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM
.
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO
BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION
.
Disputes Covered. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and Tolt Technologies concerning the
product, its price, or these Terms and Conditions, under any legal theory including contract, warranty, tort, statute, or regulation.
Mail a Notice of Dispute First. If you have a dispute and our customer service representatives cannot resolve it, send a Notice of Dispute by U.S. Mail
to Tolt Technologies, Attn: Arbitration, 14023 284th Circle NE, Duvall WA, 98019. Include your name, address, how to contact you, a description of
the problem, and your desired outcome. After 60 days, you or Tolt Technologies may start an arbitration if the dispute
remains
unresolved.
Arbitration Procedure. The AAA will conduct any arbitration under its Consumer Arbitration Rules. For more information, see
or call
1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person
hearing instead. Any in-person hearing will take place in King County, Washington. 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 to satisfy your individual claim.
Arbitration Fees and Payments.
The costs of the arbitrator shall be paid by the losing party. In the event the arbitrator modifies the discipline imposed, the costs shall be shared equally
by the parties. Costs of the court reporter, if any, shall be paid by the party who requested the presence of the reporter; however, nothing shall preclude
the parties from agreeing to share equally in the costs of the reporter. If one party chooses to record the hearing, it shall provide the other and the
arbitrator with a copy of that recording. If a cancellation fee is imposed on the parties by the arbitrator, it shall be paid by the party whose actions
were responsible for the imposition of said fee.
Summary of Contents for Ability Drive ADT
Page 1: ...Ability DriveTM Manual ...
Page 2: ......
Page 18: ...18 Evaluation Notes ...
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