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Dominator EasyRoller Instruction Manual
and any other owner of intellectual property whose protected property may appear
on any website and/or dialogue box controlled by ATA or accessed through the ATA’s
websites. Except for material in the public domain, all material displayed in association
with the Product is protected by copyright or trademarks. Except for personal, non-
commercial use, this material may not be copied, downloaded, redistributed, modified
or otherwise exploited, in whole or in part, without the permission of the owner. The
ATA trademarks and logos are the exclusive property of ATA.
3. SEVERABILITY
If any provision of this Agreement is found to be unenforceable by a court or
agency of competent jurisdiction, the remaining provisions will remain in full
force and effect. The foregoing does not apply to the prohibition against class
or representative actions that is part of the arbitration clause; if that prohibition
is found to be unenforceable, the arbitration clause (but only the arbitration
clause) shall be null and void.
4. GOVERNING LAW
In the event of a dispute between you and ATA, Texas law, whether in
litigation or arbitration, shall govern that dispute and the interpretation of this
Agreement, except to the extent that such law is preempted by or inconsistent
with applicable federal law.
5. LANGUAGE
The original version of this Agreement is in the English language. Any
discrepancy or conflicts between the English version and any other language
version will be resolved with reference to and by interpreting the English
version.
HOW DO I RESOLVE DISPUTES WITH ATA?
1. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s
satisfaction by calling our customer service department at (817)-873-5076. In
the unlikely event that ATA’s customer service department is unable to resolve
a complaint you may have to your satisfaction (or if ATA has not been able to
resolve a dispute it has with you after attempting to do so informally), we each
agree to resolve these disputes through binding arbitration or small claims
court instead of courts of general jurisdiction. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge
or jury, allows for more limited discovery than in court, and is subject to very
limited review by courts. Arbitrators can award the same damages and relief
that a court can award. Any arbitration under this Agreement will take place
on an individual basis; class arbitrations and class actions are not permitted.
2. ARBITRATION AGREEMENT
1. You and ATA agree to arbitrate all disputes and claims between us. This
agreement to arbitrate is intended to be broadly interpreted. It includes,
but is not limited to:
•
claims arising out of or relating to any aspect of the relationship between
us, whether based in contract, tort, statute, fraud, misrepresentation or
any other legal theory; and
•
claims that may arise after the termination of this Agreement.
References to “ATA,” “you,” and “us” include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors and
assigns, as well as all authorized or unauthorized users or beneficiaries
of services or Products under this or prior Agreements between us. This
arbitration agreement does not preclude you from bringing issues to the
attention of federal, state, or local agencies. You agree that, by entering
into this Agreement, you and ATA are each waiving the right to a trial by
jury or to participate in a class action. Notwithstanding the foregoing,
either party may bring an individual action in small claims court.] This
Agreement evidences a transaction in interstate commerce, and the
Federal Arbitration Act governs the interpretation and enforcement of
this provision. This arbitration agreement shall survive termination of this
Agreement.
2. A party who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). The Notice to ATA
should be addressed to: Office for Dispute Resolution, ATA,Vineyard
Centre II, 1452 Hughes Road, Grapevine, Texas 76051 (“Notice Address”).
The Notice must: (a) describe the nature and basis of the claim or dispute;
and (b) set forth the specific relief sought (“Demand”). If ATA and you do
not reach an agreement to resolve the claim within 30 days after the Notice
is received, you or ATA may commence an arbitration proceeding. During
the arbitration, the amount of any settlement offer made by ATA or you
shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or ATA is entitled. You may download or
copy a form Notice and a form to initiate arbitration at www.ata-america.
com.
3. The arbitration will be governed by the Commercial Arbitration Rules
and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by this Agreement, and will be administered by the
AAA. The AAA Rules are available online at adr.org, by calling the AAA
at 1-800-778-7879, or by writing to the Notice Address. (You may obtain
information that is designed for non-lawyers about the arbitration process
at att.com/arbitration-information.) The arbitrator is bound by the terms of
this Agreement. All issues are for the arbitrator to decide, except that issues
relating to the scope and enforceability of the arbitration provision are for
the court to decide. Unless ATA and you agree otherwise, any arbitration
hearings will take place in Texas]. If your claim is for $10,000 or less, we agree
that you may choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, through a telephonic hearing,
or by an in-person hearing as established by the AAA Rules.
4. The arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim. YOU AND ATA AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and ATA agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision is found to
be unenforceable, then the entirety of this arbitration provision shall be null
and void.
TERMS AND CONDITIONS OF USE FOR CONTROL KIT BUNDLE
(OPTIONAL)
Your use of the Control Kit is conditional on your acceptance and compliance
with the terms, conditions, notices and disclaimers contained in, or referred to
in, this document (the Terms) and the User Manual. By using the Control Kit, you
agree to accept and be bound by the Terms. If you do not agree to the Terms,
you have a right to return the Control Kit, unused and in the same conditions as
which you bought it, within 14 days of purchase and seek a refund.
1. General
(a) Automatic Technology (Australia) Pty Ltd (Automatic Technology) is the
provider of the Smart Hub (Smart Hub), products that are supplied by
Automatic Technology and which are compatible with the Smart Hub
(Compatible Products) and smartphone apps that are compatible with the
Smart Hub (Compatible Apps), including the Control-A-Door App.
(b) The Terms govern the relationship between you and Automatic
Technology regarding your use of the Smart Hub, Compatible Products
and Compatible Apps (collectively, the Control Kit). A link or copy of the
Terms was provided to you at the time you purchased and/or downloaded
components of the Control Kit.
(c) In order to operate, the Smart Hub requires a connection with one or more
Compatible Products, which are available for purchase separately. The
Smart Hub and any Compatible Products must be installed in accordance
with the applicable installation instructions for those devices. The Smart
Hub may also be connected to the Compatible Apps, which are available
for download from the Apple iTunes or App Store and the Google Play
Store.
(d) The services provided by the Control Kit (Services) are the control,
monitoring and operation of Compatible Products. Automatic Technology
reserves the right to modify the Services at any time.
(e) In order to use the Services, you must create a user account using a
Compatible App and register your Compatible App with the Smart Hub
(together, your Account).
(f) You may only use the Control Kit, the Services and/or your Account
(collectively, the Control Kit Bundle) for the purposes permitted by the
Terms (Authorized Purpose).
(g) You are only authorized to use the Control Kit Bundle to register, install,
access or operate a Smart Hub in the United States and Canada.
2. Use of the Control Kit Bundle
(a) You must:
(i) comply with all applicable laws when using the Control Kit Bundle
and must not use the Control Kit Bundle to engage in any illegal
conduct or activity;
(ii) not rent, lease, sell, trade, gift, bequeath or otherwise transfer an
Account to anyone (unless you are the administration user for an
Account and are setting up another user on that Account);
(iii) not access or use an Account which has been rented, leased, sold,
traded, gifted, bequeathed, or otherwise transferred from the
Account creator (except where an Account administration user is
setting you up to be a user on that Account); and / or
(iv) comply with all warnings, cautions and instructions Automatic
Technology publishes relating to the Control Kit Bundle. You should
consult the Automatic Technology website regularly to access any
updated information that Automatic Technology may publish from
time to time.
(b) Automatic Technology, its related corporate entities and their respective
directors, officers and employees shall not be responsible for any
