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Arbitration Agreement
MANDATORY ARBITRATION
& CLASS ACTION
WAIVER ("ARBITRATION
AGREEMENT")
PLEASE
READ
CAREFULLY BECAUSE IT AFFECTS
YOUR LEGAL RIGHTS, REQUIRES
YOU TO ARBITRATE DISPUTES, AND
LIMITS THE MANNER IN WHICH YOU
CAN SEEK RELIEF.
Arbitration is a process in which
persons with a dispute waive their
rights to file a lawsuit and proceed
in court and to have a jury trial to
resolve their disputes and, instead,
agree to submit their disputes to a
neutral third person (an "arbitrator")
for a decision.
dispute has an opportunity to present
some evidence to the arbitrator.
Pre-arbitration discovery may be
limited. Arbitration proceedings are
private and less formal than court
trials.
The 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
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
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
12
THIS
SECTION
Each party to the
CONTRACT,
TORT,
controversies
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 proceeding, to resolve
your dispute with Britax.
The arbitration will be conducted
confidentially by a single arbitrator
and administered by the American
Arbitration
Association
under its Consumer Arbitration Rules
most recently in effect to the extent
such rules and procedures do not
contradict the express terms of this
Arbitration Agreement.
("AAA")
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