English - 29
UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE
OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY
TO YOUR VIZIO PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR
RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE VIZIO PRODUCT’S
SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY
A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY
PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the
American Arbitration Association and its rules for arbitration by visiting www.adr.org
or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or
international commerce, the Federal Arbitration Act will apply.
The filing fees to begin and carry out arbitration will be shared between you and VIZIO, but
in no event will your fees ever exceed the amount allowable by the American Arbitration
Association, at which point VIZIO will cover all additional administrative fees and expenses.
VIZIO waives its right to recover attorneys’ fees in connection with any arbitration under
this warranty. If you are the prevailing party in an arbitration to which the Supplementary
Procedures for Consumer-Related Disputes applies, then you are entitled to recover
attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at
the time of your purchase (if in the United States). The place of arbitration will be Irvine,
California, or your county of residence (if in the United States). The arbitrator will have no
authority to award punitive or other damages not measured by the prevailing party’s actual
damages, except as may be required by statute. The arbitrator will not award consequential
damages, and any award will be limited to monetary damages and will include no equitable
relief, injunction, or direction to any party other than the direction to pay a monetary
amount. Judgment on the award rendered by the arbitrator will be binding and final,
except for any right of appeal provided by the Federal Arbitration Act, and may be entered
in any court having jurisdiction. Except as may be required by law, neither you nor VIZIO nor
an arbitrator may disclose the existence, content, or results of any arbitration under this
warranty without the prior written consent of you and VIZIO.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED
SOLELY ON AN INDIVIDUAL BASIS. VIZIO AND YOU AGREE THAT NO PARTY WILL HAVE THE
RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A 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 JOINED, CONSOLIDATED, OR COMBINED WITH
ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND
CLASS ACTION WAIVER, THEN: (1) you must notify VIZIO in writing within sixty (60) days of
the date that you purchased the product; (2) your written notification must be mailed to
VIZIO at 39 Tesla, Irvine, CA 92618, Attn: Legal Department; and (3) your written notification
must include (a) your name, (b) your address, (c) the date you purchased the product, and
(d) a clear statement that you wish to opt out of the binding arbitration agreement and
class action waiver.
In addition, you may pursue a claim in small claims court in your county of residence (if in
the United States) or in Orange County, California. In such case the provisions of the section
titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents)” will not apply.
Exclusions and Limitations
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS
WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE. ANY IMPLIED WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET
FORTH ABOVE. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VIZIO WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA,
COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF VIZIO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. SOME STATES 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.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING
FROM ANY CAUSE WHATSOEVER (INCLUDING VIZIO’S NEGLIGENCE, ALLEGED DAMAGE,
OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR
LATENT), VIZIO MAY, AT ITS SOLE AND EXCLUSIVE OPTION AND IN ITS DISCRETION, REPAIR
OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES
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.
How the Law Applies
This warranty gives you specific legal rights, and you may also have other rights, which vary
from state to state and province to province. This warranty applies to the greatest extent
permitted by applicable law.
General
No employee or agent of VIZIO may modify this warranty. If any term of this warranty, other
than the class action waiver, is found to be unenforceable, that term will be severed from
this warranty and all other terms will remain in effect. If the class action waiver is found
to be unenforceable, then the entire section titled “Binding Arbitration Agreement; Class
Action Waiver (U.S. Residents Only)” will not apply. This warranty applies to the maximum
extent not prohibited by law.
Changes to Warranty
This warranty may change without notice, but any change will not affect your original
warranty. Check www.vizio.com for the most current version.
