L I M I T E D W A R R A N T Y
the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to
you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from
State to State. This limited warranty is governed by the laws of the State of Missouri, U.S.A., without regard to
conflicts of law provisions.
Dispute Resolution
In the event of any dispute INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, CLAIMS BASED IN TORT, NEGLIGENCE, PRODUCT LIABILITY, FRAUD, MARKETING,
STATE OR FEDERAL REGULATIONS, ANY CLAIMS REGARDING THE ENFORCEABILITY OF THIS
LIMITED WARRANTY, AND THE WAIVER OF CLASS ACTION TRIALS between PROTEAM AND YOU,
either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court.
THIS MEANS IF EITHER PROTEAM OR YOU CHOOSE BINDING ARBITRATION, NEITHER PARTY
SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR HAVE A JURY TRIAL. DISCOVERY
AND APPEAL RIGHTS ARE LIMITED IN BINDING ARBITRATION. ProTeam and You agree that the proper
venue if Arbitration is not so chosen by ProTeam OR You of all actions arising in connection herewith shall be
only in the state of Missouri and the parties agree to such jurisdiction. No action, regardless of form, arising
out of transactions relating to the agreement, may be brought by either party more than two (2) years after the
cause of action has accrued. The U.N. Convention on Contracts for the International Sales of Goods shall not
apply to this agreement.
Class Action Waiver
BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER PROTEAM OR
YOU MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE
IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY.
Administration of Arbitration
The binding arbitration must be administered by the American Arbitration Association ("AAA") in accordance
with its Commercial Arbitration Rules and/or Supplementary Procedures for Consumer- Related Disputes
(including proceedings to mitigate costs of travel). This binding arbitration is governed by the Federal
Arbitration Act ("FAA") (9 USC §1, et. seq.) and will govern the interpretation and enforcement. The binding
arbitration shall be held at a location determined by AAA or at such other location as mutually agreed. In
addition to the terms stated above, the following will apply to the binding arbitration: (1) the arbitrator, and not
any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation of this agreement including any claim that all or any part
of this agreement is void or voidable; (2) the arbitrator shall apply Missouri law consistent with the FAA.
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I N T R O D U C T I O N
ProTeam Owner's Manual