Coway AP-1518R Manual Del Usuario página 67

Agreement to Binding Arbitration and Class
Action Waiver. Upon failure to resolve the
dispute during the 30 day period after sending
written notice to Coway, you and Coway agree to
resolve any claims between us only by binding
arbitration on an individual basis, unless you opt
out as provided below. Any dispute between you
and Coway shall not be combined or consolidated
with a dispute involving any other person's or
entity's product or claim. More specifically, without
limitation of the foregoing, any dispute between
you and Coway shall not under any circumstances
proceed as part of a class or representative action.
Instead of arbitration, either party may bring an
individual action in small claims court, but that
small claims court action may not be brought on a
class or representative basis.
Arbitration Rules and Procedures. To begin
arbitration of a claim, either you or Coway must
make a written demand for arbitration. The
arbitration will be administered by the American
Arbitration Association ("AAA") and will be
conducted before a single arbitrator under the
AAA's Consumer Arbitration Rules that are in effect
at the time the arbitration is initiated (referred to
as the "AAA Rules") and under the procedures set
forth in this section. The AAA Rules are available
online at www.adr.org/consumer. Send a copy of
your written demand for arbitration, as well as a
copy of this provision, to the AAA in the manner
described in the AAA Rules. You must also send a
copy of your written demand to Coway at Coway
USA, Inc., Attn: Legal Department- Arbitration, 4221
Wilshire Blvd., STE 210, Los Angeles, CA 90010. If
there is a conflict between the AAA Rules and the
rules set forth in this section, the rules set forth in
this section will govern. This arbitration provision is
governed by the Federal Arbitration Act. Judgment
may be entered on the arbitrator's award in any
court of competent jurisdiction. All issues are for
the arbitrator to decide, except that issues relating
to the scope and enforceability of the arbitration
provision and to the arbitrability of the dispute are
for the court to decide. The arbitrator is bound by
the terms of this provision.
Governing Law. The law of the state of your
residence shall govern this Limited Warranty and any
disputes between us except to the extent that such
law is preempted by or inconsistent with applicable
federal law.
Fees/Costs. If you prevail in the arbitration, Coway
will pay your attorneys' fees and expenses as long as
they are reasonable, by considering factors including,
but not limited to, the purchase amount and claim
amount. Notwithstanding the foregoing, if applicable
law allows for an award of reasonable attorneys' fees
and expenses, an arbitrator can award them to the
same extent that a court would. If the arbitrator
finds either the substance of your claim or the relief
sought in the demand is frivolous or brought for an
improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), then
the payment of all arbitration fees will be governed
by the AAA Rules. In such a situation, you agree to
reimburse Coway for all monies previously disbursed
by it which are otherwise your obligation to pay
under the AAA Rules.
Hearings and Location. If your claim is for $25,000
or less, you may choose to have the arbitration
conducted solely on the basis of (1) documents
submitted to the arbitrator, (2) through a telephonic
hearing, or (3) by an in-person hearing as established
by the AAA Rules. If your claim exceeds $25,000, the
right to a hearing will be determined by the AAA
Rules. Any in-person arbitration hearings will be
held at a location within the federal judicial district
in which you reside unless we both agree to another
location or we agree to a telephonic arbitration.
Opt Out. You may opt out of this dispute resolution
procedure. If you opt out, neither you nor Coway
can require the other to participate in an arbitration
proceeding. To opt out, you must send notice to
Coway no later than 30 calendar days from the
date of the first consumer purchaser's purchase
of the product by either: (i) sending an e-mail to
support@coway-usa.com with the subject line:
"Arbitration Opt Out" or (ii) calling 1-800-285-0982.
You must include in the opt out e-mail or provide
by telephone: (a) your name and address; (b) the
date on which the product was purchased; (c) the
product model name or model number; and (d) the
serial number (the serial number can be found on
the product.
You may only opt out of the dispute resolution
procedure in the manner described above (that
is, by e-mail or telephone); no other form of notice
will be effective to opt out of this dispute resolution
procedure. Opting out of this dispute resolution
procedure will not affect the coverage of the Limited
Warranty in any way, and you will continue to enjoy
the full benefits of the Limited Warranty. If you keep
this product and do not opt out, then you accept all
terms and conditions of the arbitration provision
described above.
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