Williams-Sonoma Signature Capsule Coffee Maker, User Manual

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tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other
intentional tort), or any other legal or equitable theory. The term “Dispute” also includes, but is not limited to, any
and all claims between you and the Company in any way related to or concerning this agreement and includes
the applicability, enforceability, scope, or interpretation of this agreement to arbitrate. The term “Dispute” is to
be given the broadest possible meaning that will be enforced.
DISPUTE NOTICE: Before initiating an arbitration, you and the Company each agree to first provide the other a
written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant
documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute
can be (1) mailed to Williams-Sonoma, Inc. Legal Department, 3250 Van Ness Ave, San Francisco, CA 94109, (2)
emailed to legal@wsgc.com, or (3) brought to the attention of the Company’s Customer Service department at
1-877-504-8004. The Company will provide a Notice of Dispute to you via the mailing address or email address
associated with your Account and/or billing information (the “Notice Address”).
You and the Company agree to make attempts to resolve the Dispute prior to commencing an arbitration and not
to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement
cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or the Company may
commence an arbitration proceeding.
ARBITRATION PROCESS AND PROCEDURE:
All controversies, claims, counterclaims, or other disputes arising
between you and Williams-Sonoma, Inc. relating to this Limited Warranty (“Claim”) shall be submitted for binding
arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration
will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final
and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that
the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including,
without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other
oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully
be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of
securities regulatory authorities or other governmental agencies.
CLASS ACTION WAIVER: NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE
CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.
Further, unless both you and the Company
expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition
of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this
arbitration provision shall be null and void. If, for any reason, a claim proceeds in court rather than in arbitration,
we each waive our right to a jury trial.
FEES:
In the event you commence arbitration, after Williams-Sonoma receives notice that you have initiated
arbitration, the Company will promptly reimburse you for your payment of the filing fee and the Company will pay
any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
CHOICE OF LAW & JURISDICTION: This Limited Warranty shall be interpreted, construed, enforced, and governed
in all aspects in accordance with the exclusive jurisdiction and laws of California, without regard to conflict of
law principles. Any suit, cause of action, or legal proceeding arising under or relating to this Limited Warranty
that is not addressed through arbitration or in small claims court as provided above, shall be in the exclusive
jurisdiction and venue of the state courts of California, situated in San Francisco County, California or the
federal courts situated in the Northern District of California. You and Williams-Sonoma agree to submit to the
personal jurisdiction of a state court located in San Francisco County, California or a United States District Court,
Northern District of California for any actions which the parties retain the right to seek relief.
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