ASP Sterrad Velocity Reader, Руководство пользователя

Страница: 81 / 82

Appendix
F
STERRAD VELOCITY Reader User’s Guide 75
JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved
pursuant to this Arbitration provision and the selected organization’s rules in effect
when the claim is filed, except where those rules conflict with this Agreement. Either
ASP or you may delay enforcing or not exercise rights under this Arbitration provision,
including the right to arbitrate a claim, without waiving the right to exercise or enforce
those rights. There will be no right or authority for any claims to be arbitrated on a class
action basis or on bases involving claims brought in a purported representative capacity
on behalf of the general public, other members, or other persons similarly situated. The
arbitrator’s authority is limited to claims solely between ASP and you. Claims may not
be joined or consolidated unless ASP and you agree in writing. An arbitration award and
any judgment confirming it will apply only to the specific case and cannot be used in
any other case except to enforce the award. Notwithstanding any other provision and
without waiving the right to appeal such decision, if any portion of this section is deemed
invalid or unenforceable, then this entire section (other than this sentence) will not apply.
Subject to this section, the arbitrator may otherwise award any relief available in court.
The arbitration will be confidential, but you may notify any government authority of your
claim. At any party’s request, the arbitrator will provide a brief written explanation of
the award. The arbitrator’s award will be final and binding, except for any right of appeal
provided by the Federal Arbitration Act; however, any party will have 30 days to appeal the
award by notifying the arbitration organization and all parties in writing. The originally
selected arbitration organization will appoint a three (3) arbitrator panel to decide anew,
by majority vote based on written submissions, any aspect of the decision objected to.
Judgment upon any award may be entered in any court having jurisdiction. All arbitration
hearings will take place in either King or Snohomish County, Washington. ASP and you
shall equally bear all arbitration fees, and you will be responsible for paying your share of
any arbitration fees (including filing, administrative, hearing or other fees), but only up to
the amount of the filing fees you would have incurred if you had brought a claim in court.
ASP will be responsible for any additional arbitration fees. You may reject this Arbitration
provision by sending a written rejection notice to ASP at the address stated at the end
of this Agreement. You must mail your rejection notice within forty-five (45) days after
the date of this Agreement. Your rejection notice must state that you reject this Claim
Resolution section and must also include your name, address, individual Product number,
Product name and model, and personal signature. No one else may sign the rejection
notice on your behalf. If your rejection notice complies with these requirements, this
Claim Resolution section will not apply to you, except for any claims subject to pending
litigation or arbitration at the time you send your rejection notice. Rejection of this
Arbitration provision will not affect your other rights or responsibilities under this section
or the License. Rejecting this Arbitration provision will not affect your ability to use the
Product. This section will survive termination of this License, any legal proceeding to
collect a debt, and any bankruptcy.