D
the Supplementary Procedures for Consumer-Related Disputes applies,
then you are entitled to recover attorneys’ fees as the arbitrator may
determine.
The dispute will be governed by the laws of the state or territory in which
you resided at the time of your purchase (if in the United States). The
place of arbitration will be Irvine, California, or your county of residence
(if in the United States). The arbitrator will have no authority to award
punitive or other damages not measured by the prevailing party’s actual
damages, except as may be required by statute. The arbitrator will not
award consequential damages, and any award will be limited to monetary
damages and will include no equitable relief, injunction, or direction to
any party other than the direction to pay a monetary amount. Judgment
on the award rendered by the arbitrator will be binding and final, except
for any right of appeal provided by the Federal Arbitration Act, and may
be entered in any court having jurisdiction. Except as may be required by
law, neither you nor VIZIO nor an arbitrator may disclose the existence,
content, or results of any arbitration under this warranty without the
prior written consent of you and VIZIO.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE,
WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. VIZIO AND YOU
AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY
GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER
PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED,
OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING
WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH
ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify
VIZIO in writing within sixty (60) days of the date that you purchased the
product; (2) your written notification must be mailed to VIZIO at 39 Tesla,
Irvine, CA 92618, Attn: Legal Department; and (3) your written notification
must include (a) your name, (b) your address, (c) the date you purchased
the product, and (d) a clear statement that you wish to opt out of the
binding arbitration agreement and class action waiver.
In addition, you may pursue a claim in small claims court in your county of
residence (if in the United States) or in Orange County, California. In such
case the provisions of the section titled “Binding Arbitration Agreement;
Class Action Waiver (U.S. Residents)” will not apply.
Exclusions and Limitations
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE
NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE.
ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE
LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE.
SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
VIZIO WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF
INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR
LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF VIZIO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. SOME STATES AND PROVINCES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING VIZIO’S
NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER
WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), VIZIO MAY,
AT ITS SOLE AND EXCLUSIVE OPTION AND IN ITS DISCRETION, REPAIR
OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS
NOTED, SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
How the Law Applies
This warranty gives you specific legal rights, and you may also have other
rights, which vary from state to state and province to province. This
warranty applies to the greatest extent permitted by applicable law.
General
No employee or agent of VIZIO may modify this warranty. If any term of this
warranty, other than the class action waiver, is found to be unenforceable,
that term will be severed from this warranty and all other terms will
remain in effect. If the class action waiver is found to be unenforceable,
then the entire section titled “Binding Arbitration Agreement; Class Action
Waiver (U.S. Residents Only)” will not apply. This warranty applies to the
maximum extent not prohibited by law.
Changes to Warranty
This warranty may change without notice, but any change will not affect
your original warranty. Check www.vizio.com for the most current version.
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