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One-Year Limited Warranty
PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT
BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE
“PRODUCTS”) FOR MORE THAN THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN
THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES
BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/
OR SELLER OF THIS PRODUCT (COLLECTIVELY, “COMPANY”), MUST BE RESOLVED THROUGH
BINDING ARBITRATION AND NOT IN COURT. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT
BE RESOLVED IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER
PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE
ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS IN THIS AGREEMENT.
1. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising
out of or relating in any way to the Product or this Agreement shall be resolved through final, binding
arbitration. This arbitration obligation is reciprocally binding on both you and the Company and
applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product
liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically
acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes
and to have such lawsuit resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis,
and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that
this Agreement specifically prohibits you and the Company from commencing arbitration proceedings
as a representative of others or joining in any arbitration proceedings brought by any other person.
The parties agree that no class or representative actions of any type are permitted.
3. ARBITRATION PROCEDURES.
a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to
contact the Company to try to resolve the matter by calling 800.218.3560, although you are
not required to do so.
b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with
the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures
as those Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules.
These rules and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.
com. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator
who has at least five years of experience conducting arbitrations.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of
California or the location in which you received this Agreement. For claims of $10,000 or less, you may
choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management
Fee and all professional fees for the arbitrator’s services. The Company shall pay the fees and costs
of its own counsel, experts and witnesses and shall not be able to recoup them from you even if you do
not prevail in the arbitration. Unless otherwise provided by law, you acknowledge and agree that you
shall pay the fees and costs of your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the
terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16).
In this respect, the parties acknowledge that this Agreement involves a transaction conducted in
interstate commerce. Otherwise, this Agreement and the rights of the parties hereunder shall be
governed by and construed in accordance with the laws of the State of California, exclusive of
conflict or choice of law rules.
5. SEVERABILITY.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such
provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the
remainder of the provision and all other provisions shall remain fully enforceable.
Arbitration Agreement