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 PROCEED-
ING. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND
THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCE-
MENT 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 descrip-
tion 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 arbitra-
tion proceeding.
The arbitration will take place in Los Angeles, California or a mutually agreed upon location. Arbitra-
tion 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 Warran-
ty 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 compe-
tent 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.
