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numbers; (k) products requiring routine maintenance; or (l) products sold “AS IS”,
“CLEARANCE”, “FACTORY RECERTIFIED”, or by a non-authorized reseller.
What to Do If You Are Not Satisfied With Service
If you feel VIZIO has not met its obligations under this warranty, you may attempt
to resolve the issue informally with VIZIO. If you are unable to resolve the issue
informally and wish to file a formal claim against VIZIO, and if you are a resident of
the United States, you must submit your claim to binding arbitration according to
the procedures described below, unless an exception applies. Submitting a claim to
binding arbitration means that you do not have the right to have your claim heard by
a judge or jury. Instead your claim will be heard by a neutral arbitrator.
Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)
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-RE-
LATED 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
