ArBiTrATiON AGrEEMENT
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 FOURTEEN (14) DAYS AFTER RECEIPT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY
WITHIN FOURTEEN (14) 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 or 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 statute, 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 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 818-217-2500 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 California.
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 it is found unlawful, unenforceable or void, and the
remainder of the provision and all other provisions shall remain fully enforceable.
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