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only, and that the arbitrator will not have the power to award class or collective relief or to
determine or order that the dispute should proceed as a class or collective action, whether
in arbitration or in any other forum or venue. The arbitration will be conducted before a
single arbitrator, whose award must not exceed, in form or amount, the relief allowed by
the applicable law. The arbitration will be conducted according to the American Arbitration
Association (“AAA”) rules and procedures applicable to consumer disputes (which currently
may be found at www.adr.org) or, if AAA consumer dispute rules and procedures cannot,
for whatever reason, be applied, then according to JAMS consumer arbitration rules and
procedures or other arbitration rules and procedures appropriate for use in consumer
disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act, and the
substantive laws of the State of California, without reference to its choice of laws principles,
will otherwise govern the interpretation of the Limited Warranty and all disputes that are
subject to this arbitration provision. The arbitrator will decide all issues of interpretation
and application of this arbitration provision and the Limited Warranty. Judgment may
be entered on the arbitrator’s final award in any court of competent jurisdiction.
This arbitration provision also applies to claims against PEDEGO’S employees,
representatives and affiliates if any such claim arises from a Product’s sale, value, condition
or performance.
The original retail purchaser may opt out of this dispute resolution procedure by, no later
than thirty (30) calendar days from the date of the original retail purchaser’s purchase of
the Product, (1) sending notice by e-mail to [email protected], with the subject line:
“Arbitration Opt Out.” The opt-out email must include (a) the original retail purchaser’s name
and address; (b) the date on which the Product was purchased; (c) the Product model name
or model number; and (d) the Product serial number (the Product serial number can be found
(i) on the Product box; (ii) for Bikes, on the Bike stamped into the bottom of the frame below
the bottom bracket; (iii) for Batteries, on a label on the Battery imprinted below a barcode
on a metallic sticker; and/or (iv) for Batteries, engraved onto the metal Battery case); or (2)
calling 800-646-8604 and providing the same information. These are the only two forms of
notice that will be effective to opt out of this dispute resolution procedure. Opting out of this
dispute resolution procedure will not affect the coverage of the Limited Warranty in any way.
Severability.
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial
illegality or unenforceability shall not affect the enforceability of the remainder of the
Limited Warranty.
PEDEGO INC.
11310 Slater Ave.
Fountain Valley, California 92708
Phone: 800-646-8604
Warranty
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