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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
con ict 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 nds 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
rst 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 bene ts 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.
ENGLISH / 24
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