THIS ARBITRATION AGREEMENT (THE "AGREEMENT") AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE SELLER OF THIS PRODUCT ("COMPANY"), MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE "PRODUCT") FOR MORE THAN SIXTY (60) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN SIXTY (60) DAYS OF RECEIPT AT NO COST TO YOU.
1. RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Company (or any of Company's subsidiaries or affiliates) arising out of relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statue, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or a jury.
2. LIMITATION OF LEGAL REMEDIES. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
3. ARBITRATION PROCEDURES.
- a. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to Company by calling (877-833-7685) and asking for the Legal Department and allowing Company the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
- b. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association's ("AAA") United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org.
- c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or the location in which you received this Agreement.
- d. All administrative expenses of arbitration proceedings commenced under this Agreement shall be divided equally between you and Company, except that: (a) if the claim or dispute that is the subject of the arbitration proceedings is less than ten thousand dollars (US $10,000), you will be responsible for no more than one hundred twenty-five dollars (US $125) in administrative expenses; (b) if the claim or dispute that is the subject of the arbitration proceedings is more than ten thousand dollars (US $10,000) but less than seventy-five thousand dollars (US $75,000), you will be responsible for no more than three hundred seventy-five dollars (US $375) in administrative expenses; and (c) if the claim or dispute that is the subject of the arbitration proceedings is more than seventy-five thousand dollars (US $75,000), then you will be responsible for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses
4. CHOICE OF LAW. This agreement shall be governed by the United States Federal Arbitration Act and the laws of the state of New Jersey.
5. SEVERABILITY. If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that is found unlawful, unenforceable, or void, and the remainder of the provision and all other provisions shall remain full enforceable.