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and all other terms will remain in effect. If the class action waiver is found to be unenforceable,
then the entire section titled "Binding Arbitration Agreement; Class Action Waiver (U.S. Residents
Only)" will not apply. This warranty applies to the maximum extent not prohibited by law.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)
• TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT
AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS
DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR
SUUNTO PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR
RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE SUUNTO
• PRODUCT'S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND
CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION
ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS
SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more
about the American Arbitration Association and its rules for arbitration by visiting www. adr.
org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or
international commerce, the Federal Arbitration Act will apply.
• To the greatest extent permitted by applicable law, the filing fees to begin and carry out
arbitration will be shared between you and Suunto, but in no event will your fees ever exceed
the amount allowable by the American Arbitration Association, at which point Suunto will cover
all additional administrative fees and expenses. Suunto waives its right to recover attorneys'
fees in connection with any arbitration under this warranty. If you are the prevailing party in an
arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies,
then you are entitled to recover attorneys' fees as the arbitrator may determine.
• The dispute will be governed by the laws of the state or territory in which you resided at the
time of your purchase (if in the United States). The place of arbitration will be Weber County,
Utah, or your county of residence (if in the United States). The arbitrator will have no authority
to award punitive or other damages not measured by the prevailing party's actual damages,
except as may be required by statute. The arbitrator will not award consequential damages, and
any award will be limited to monetary damages and will include no equitable relief, injunction,
or direction to any party other than the direction to pay a monetary amount. Judgment on
the award rendered by the arbitrator will be binding and final, except for any right of appeal
provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction.
Except as may be required by law, neither you nor Suunto nor an arbitrator may disclose the
existence, content, or results of any arbitration under this warranty without the prior written
consent of you and Suunto.
• TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN
ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL
BASIS. SUUNTO AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY
FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL
ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES
TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE
JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING
WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR
PROCEEDING.
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