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APPLY TO SOME PURCHASERS.
NINEBOT'S AND SEGWAY'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS, JOINT AND
SEVERALLY, ARISING HEREUNDER AND ANY AND ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED
TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS DETERMINED IN NINEBOT'S OR
SEGWAY'S DISCRETION, AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY
EXCLUDED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW.
SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Applicable Law and Disputes
SEGWAY (FOR PURPOSES OF THIS SECTION 6 OF THIS LIMITED WARRANTY, "NINEBOT" AND "SEGWAY"
ARE COLLECTIVELY REFERRED TO AS "SEGWAY") AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF
THE PRODUCT, WHETHER BASED IN CONTRACT, TORT, STATUTORY, FRAUD, MISREPRESENTATION OR
ANY OTHER LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OF A PURPORTED CLASS ACTION
LITIGATION THAT YOU ARE NOT A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED THROUGH
ARBITRATION AS PROVIDED FOR HEREIN, OR IN SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY.
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS
ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH SEGWAY. YOU AGREE THAT
YOU MAY ARBITRATE CLAIMS AGAINST SEGWAY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS
THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS
PROVISION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS LIMITED WARRANTY.
SEGWAY REQUIRES THAT YOU ARBITRATE YOUR CLAIMS AGAINST SEGWAY PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE OF YOUR RIGHTS PURSUANT TO TITLE I OF
THE MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT DOES NOT
REQUIRE YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU THAT ARE NOT PROVIDED BY
TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT.
Any such arbitration shall not be combined or consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and specifically, without limitation of the foregoing, shall not
under any circumstances proceed as part of a class action or class arbitration.
If you intend to seek arbitration, you must first send to Segway, by certified mail, a written notice of dispute at
least thirty (30) days in advance of initiating the arbitration. The notice to Segway should be addressed to:
Attention: Disputes, Segway Inc., 14 Technology Drive, Bedford, NH 03110. The notice must include: (i) a
description of your claim and the basis of the dispute; and (ii) a description of the relief you are seeking. If
Segway and you do not reach an agreement to resolve the claim within thirty (30) days after Segway receives
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your notice, you or Segway may commence an arbitration proceeding. You are encouraged to seek redress
directly from Segway, provided, however, Segway does not require you to seek your redress solely from
Segway.
During the arbitration, the amount of any settlement offer made by Segway or you will not be disclosed to the
arbitrator until after the arbitrator determines the amount, if any, to which you or Segway is entitled to receive
from the other party.
The arbitration shall be conducted by the American Arbitration Association (AAA) pursuant to its Commercial
Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively "AAA
Rules"). The AAA Rules are available online at adr.org, or by calling the AAA at 1-800-778-7879. The Federal
Arbitration Act governs this provision. Even after the termination of the Limited Warranty, the arbitrator shall
decide all issues of interpretation and application of the Limited Warranty, and a court may determine the
scope and enforceability of this arbitration provision. The arbitration shall be conducted before a single
arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.
Segway shall pay for your cost of the arbitration. For any arbitration in which your total damage claims,
exclusive of attorney fees and expert witness fees, is $5,000.00 or less ("Small Claim"), the arbitrator may, if
you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may
not grant its attorney fees, expert witness fees or costs unless it is determined that any of the claims was
brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total
administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Segway shall pay the
remainder of such fees.
Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of
attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim"), shall be determined according to
AAA Rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the
parties, reasonable attorney fees, expert witness fees and costs. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide
relief warranted by that party's individual claim.
Judgment may be entered on the arbitrator's award in a Small Claim or Large Claim case in any court of
competent jurisdiction.
This arbitration provision also applies to claims and disputes by you, the purchaser of the product, and all
those in privity with you, including your family members, beneficiaries and assigns, against Segway's parent
(s), subsidiaries and affiliates, and any person or entity that licensed, supplied, sold or distributed the product,
and each of their officers, employees, representatives, licensors/licensees, agents, beneficiaries,
predecessors in interest, successors, and/or assigns.
You may opt out of this dispute resolution procedure by providing notice to Segway no later than thirty (30)
calendar days after the date of the first consumer purchaser's purchase of the product. To opt out you must
send notice by e-mail to Segway at optout@segway.com, with the subject line: "Arbitration Opt Out." The opt
out notice by e-mail must include (a) your name, email address, mailing address and phone number; (b) the
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