Any appeal of a judgment from a small claims tribunal shall be resolved by biding arbitration under the terms of this Agreement.Ħ. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement. All parties shall retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal’s jurisdiction. Each party shall pay the fees and costs of its own counsel, experts and witnesses.ĥ. If the claim or dispute that is the subject of the arbitration proceedings exceeds $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA. If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed Three Hundred Dollars ($300) and If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed One Hundred Dollars ($100) All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows: The arbitration of any claim or dispute under this Agreement shall be conducted in the New York County, New York State.Ĥ. The arbitrator shall not conduct class arbitration that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration. These rules and procedures are available by calling the AAA or by visiting its web site at The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolution Period”). You may be required to provide us with a written statement setting forth the nature of your claim or dispute.
#Nut chopper free
Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to us by calling our Legal Representative toll free at 80 and providing all requested information. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.Ģ. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Any claim or dispute between you and us, or any of our subsidiaries or affiliates, arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST RETURN THE PRODUCT WITHIN FIFTEEN (15) DAYS OF YOUR RECEIPT OF THE PRODUCT.ġ. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES. PLEASE READ THIS AGREEMENT CARE4.FULLY.īY ORDERING A PRODUCT FROM US, YOU UNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN US CONCERNING SUCH PRODUCT SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AS SUCH, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
THIS AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. THIS ARBITRATION AGREEMENT (“AGREEMENT”) SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS REGARDING THE PRODUCT(S) YOU PURCHASE FROM US SHALL BE RESOLVED. IMPORTANT NOTICE ABOUT YOUR RIGHTS – PLEASE READ
0 kommentar(er)
