Claims and Dispute Resolution
RUSSELL DISTRIBUTION COMPANY, LLC AND YOU AGREE THAT ALL CLAIMS OR DISPUTES ARISING IN
ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETH- ER BASED IN CONTRACT, TORT, STATUTORY, FRAUD, MISREPRESENTATION OR
ANY OTHER LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA PURPORTED CLASS ACTION
LITIGATION THAT YOU ARE NOT A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN SMALL CLAIMS COURT, AND NOT BY A
TRIAL BY JURY. YOU WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE
IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH
Russell Distribution. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS AGAINST Russell Distribution ONLY
IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, A CLASS REPRE- SENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT EVIDENCES A
TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS
THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OF THIS LIMITED WARRANTY.
RUSSELL DISTRIBUTION REQUIRES THAT YOU ARBITRATE YOUR CLAIMS AGAINST RUSSELL
DISTRIBUTION PURSUANT TO THE ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE OF
YOUR RIGHTS PURSUANT TO TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSONMOSS WARRANTY ACT DOES NOT REQUIRE YOU TO PURSUE RIGHTS AND REMEDIES
AVAILABLE TO YOU THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON- MOSS WARRANTY ACT.
Any such arbitration shall not be combined or consolidated with a claim or dispute involving any other person's or
entity's product or claim or dispute, and specifically, without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action or class arbitration. If you intend to seek arbitration you must first
email Russell Distribution at [email protected] a notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If Russell Distribution and you do not reach an agreement to
resolve the claim within thirty (30) days after Russell Distribution receives your notice, you or Russell Distribution
may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the
applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any
rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court
or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's
award shall be written. and binding on the parties and may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit; Russell Distribution
will pay the additional cost. The arbitration rules also permit you to recover attorney's fees in certain cases. The
parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury
trial. They further understand that, in some instances. the costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in arbitration than in court.
This arbitration provision also applies to claims and disputes by you, the purchaser of the Product. and all those
in privity with you, including your family members, beneficiaries and assigns against Russell Distribution
subsidiaries and affiliates and any person or entity that licensed, supplied, sold or distributed the Product and
each of their officers, employee, representatives, licensors/licensees, Agents, beneficiaries, predecessors in
interest, successors, and/or assigns. You may opt out of this dispute resolution procedure by providing notice to
Russell Distribution no later than thirty (30) calendar days after the date of the first consumer purchaser's
purchase of the Product. To opt out you must send notice by e-mail to [email protected]. The opt-out notice
must include (a) your name, email address. mailing address and phone number; (b) the date on which the
product was purchased; (c) the product model name or model number; and (d) the Serial Number. Opting out of
this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will
continue to enjoy the benefits of the Limited Warranty. If you opt-out of these arbitration provisions, Russell
Distribution also will not be bound by them.
