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to the marketing or sale of Romer 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 Romer. The
Federal Arbitration Act ("FAA") and federal arbitration law apply to this Arbitration
Agreement. Notwithstanding the foregoing, you and Romer each agree that you
and Romer 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
ROMER PRODUCT. If you do not wish to be bound by this Arbitration Agreement,
you must notify Romer by mailing or e-mailing a written opt-out notice, postmarked
or electronically delivered within thirty (30) days of your purchase of a Romer
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 Romer.
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