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arbitrator will issue a final and binding decision resolving the
dispute, which may be enforced as a court judgment. A court rarely
overturns an arbitrator's decision.
YOU AND BRITAX AGREE THAT ANY DISPUTE BETWEEN US, WHETHER
BASED IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL BE
RESOLVED IN BINDING INDIVIDUAL ARBITRATION. For purposes of this
Arbitration Agreement, the word "dispute" and "disputes" are given
the broadest possible meaning and include, without limitation,
all claims, disputes, and/or controversies arising out of or relating
in any way to the relationship between you and Britax (including
disputes related to the marketing or sale of Britax products), any
provisions in this User Guide or this Arbitration Agreement (including
the interpretation and scope of this Arbitration Agreement and the
arbitrability of any dispute), and/or your purchase or use of any
products designed, manufactured, distributed, marketed, or sold by
Britax. The Federal Arbitration Act ("FAA") and federal arbitration law
apply to this Arbitration Agreement. Notwithstanding the foregoing,
you and Britax each agree that you and Britax shall retain the rights
to bring an individual suit in small claims court for disputes within
the scope of such court's jurisdiction and/or to bring an individual
suit in court to enjoin infringement or other misuse of intellectual
property rights. In no way shall the foregoing sentence allow for an
action to be brought on a class or collective basis.
YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT,
BUT YOU MUST EXERCISE THIS RIGHT WITHIN THIRTY (30) DAYS OF YOUR
PURCHASE OF A BRITAX PRODUCT. If you do not wish to be bound
by this Arbitration Agreement, you must notify Britax by mailing or
e-mailing a written opt-out notice, postmarked or electronically
delivered within thirty (30) days of your purchase of a Britax product,
to: ATTN: Legal Department, 4140 Pleasant Road, Fort Mill, South
Carolina 29708. Your opt-out notice must include your full name,
address and/or e-mail address, the model and serial numbers of
the purchased product, a copy of your proof of purchase, and a
statement that you intend to opt out of this Arbitration Agreement.
If you do not opt out within thirty (30) days of your purchase, then
this Arbitration Agreement will apply and you understand and
agree that you are waiving your right to maintain other available
resolution processes, such as a court action or administrative
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