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the best information available in a wearable fitness tracker.
Any controversy or claim arising out of or relating to this product, shall be settled by
arbitration administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof, with the arbitration to be held in New
York County, New York.
Additionally, and, except to the extent prohibited by applicable law, the parties agree that (i)
no arbitration proceeding hereunder - regardless of the nature of the dispute, whether a
consumer dispute, a business dispute or a claim involving injury - shall be certified as a class
action or proceed as a class action, or on a basis involving claims brought in a purported
representative capacity on behalf of the general public, other customers or potential
customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be
consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES
AGREE TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO
PARTICIPATE IN A CLASS ACTION.
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