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7. Governing Law: The procedures and effect of the arbitration clause will be governed by the Federal
Arbitration Act (9 U.S.C. § 1
et seq
.) rather than by state law concerning arbitration. The law governing
your substantive warranty rights and other claims will be the law of the state in which you purchased your
Prizer-Painter Product. Any court having jurisdiction may enter judgment on the arbitration award.
8. Rules of the Arbitration: If the amount in controversy is less than $50,000, the arbitration will be
decided by a single arbitrator to be appointed according to the rules of the arbitration association that is
chosen. If the amount in controversy is greater than or equal to $50,000, the arbitration will be decided
by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering
arbitration organization. You may choose either of the following arbitration organizations, and its
applicable rules: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019
(www.adr.org), JAMS, 1920 Main Street, Ste. 300, Irvine, CA 92614 (www.jamsadr.com), or any other
organization that you may choose subject to our approval. These organizations’ rules can be obtained by
contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict
with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the
arbitrator(s) shall be final and binding on all parties.
9. Location of the Arbitration Hearing: Unless applicable law provides otherwise, the arbitration hearing
will be conducted in the federal judicial district in which you reside.
10. Costs of the Arbitration: Each party is responsible for its own attorney, expert and other fees, unless
awarded by the arbitrator(s) under applicable law. Prizer-Painter will pay your share of the fees charged
by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you
may be required to reimburse Prizer-Painter for the fees of the arbitration organization and arbitrator(s) in
whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).
11. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the
expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration
Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder
shall remain enforceable. If, in a case in which class-action allegations have been, a waiver of class-action
rights is found to be unenforceable with respect to all or some parts of a dispute, the remainder of this
Arbitration Clause shall be unenforceable as those parts. Instead, those parts will be severed and proceed
in court, with the remaining parts proceeding in arbitration.
12. Confidentiality. The arbitrator(s), Prizer-Painter and Owner will maintain confidentiality of the
proceedings including but not limited to all information gathered, prepared and presented for purposes of
the arbitration relate to the Dispute.
13. Informal Process to Resolve Disputes. Our goal is to resolve claims fairly and quickly. For any Dispute
that You have against Prizer-Painter, you agree to first contact Prizer-Painter and attempt to resolve the
claim informally by sending written notice of your claim by email to [email protected]. The
notice must include (a) your name, address, email address and mobile telephone number; (b) describe the
nature and basis of the Dispute; and (c) set forth the specific relief being sought. If You and Prizer-Painter
cannot reach an agreement within thirty (30) days after such notice is received, then either party may
submit this Dispute to binding arbitration as set forth above or where applicable to small claims court.
