20 Safety and regulatory guide
of attorney’s fees and expert witness fees, are $5,000 or less, the
arbitrator may, if You prevail, award Your reasonable attorney’s fees
and expert witness fees as part of any award, but may not grant
HTC its attorney’s fees, expert witness fees, or costs unless the
arbitrator finds that You brought the claim in bad faith or that Your
claim is frivolous under applicable legal standards. For claims of
$5,000 or less, You may decide whether You would prefer to have
the arbitration decided based only on documents submitted to the
arbitrator, or by a hearing in person or by phone. In a case where
Your total monetary claims, exclusive of attorney’s fees and expert
witness fees, are greater than $5,000, the arbitrator may grant to
the prevailing party, or apportion among the parties, reasonable
attorney’s fees, expert witness fees, and costs, insofar as it is
permitted by governing law.
This agreement to arbitrate is subject to the following additional
conditions:
1.
Decisions Concerning Arbitrability or Enforceability:
Notwithstanding the AAA Rules, any decisions
concerning arbitrability of a particular dispute, including
but not limited to whether a class arbitration is
permitted by this Limited Warranty, shall be resolved by
a proper court, rather than an arbitrator. Any dispute
concerning the enforceability of this agreement to
arbitrate, or any part thereof, shall also be resolved by a
proper court, rather than an arbitrator.
2.
Waiver of Class Arbitration: NO DISPUTE WITHIN THE
SCOPE OF THE DISPUTE RESOLUTION CLAUSE MAY
BE COMBINED OR CONSOLIDATED WITH A DISPUTE
INVOLVING ANY OTHER PERSON’S OR ENTITY’S
PRODUCT OR CLAIM. NO CLASS OR COLLECTIVE
NO CLASS OR COLLECTIVE
NO CLASS OR COLLECTIVE
NO CLASS OR COLLECTIVE
ARBITRATION IS PERMITTED, EVEN IF THE AA
ARBITRATION IS PERMITTED, EVEN IF THE AA
ARBITRATION IS PERMITTED, EVEN IF THE AA
ARBITRATION IS PERMITTED, EVEN IF THE AAA
A
A
A
RULES OR OTHER RULES GOVERNING THE
RULES OR OTHER RULES GOVERNING THE
RULES OR OTHER RULES GOVERNING THE
RULES OR OTHER RULES GOVERNING THE
ARBITRATION WOULD OTHERWISE PERMIT IT.
ARBITRATION WOULD OTHERWISE PERMIT IT.
ARBITRATION WOULD OTHERWISE PERMIT IT.
ARBITRATION WOULD OTHERWISE PERMIT IT. THE
ARBITRATOR IS AUTHORIZED TO AWARD RELIEF
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