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proceeding, to resolve your dispute with Britax.
The arbitration will be conducted confidentially by a single arbitrator
and administered by the American Arbitration Association ("AAA")
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. To learn more about the rules
and how to begin an arbitration, you may call any AAA office or go
to www.adr.org. If you demand arbitration, then at your request
Britax will advance your portion of the expenses associated with
the arbitration, including the filing, administrative, hearing and
arbitrator's fees ("Arbitration Fees") to the extent such Arbitration
Fees exceed $200.
If Britax demands arbitration, then at your
request Britax will advance your portion of the Arbitration Fees. For
claims of $10,000 or less, you can choose whether you would like the
arbitration carried out based only on documents submitted to the
arbitrator or by a hearing in person or by telephone. The arbitration
hearing will be conducted in the county of your residence, within
30 miles of such county, or in such place as shall be ordered by
the arbitrator. Throughout the arbitration, each party shall bear his,
her or its own attorneys' fees and expenses, including any witness
and expert witness fees.
The arbitrator shall apply applicable
substantive law consistent with the FAA, shall apply statutes of
limitation, and shall honor claims of privilege recognized at law.
The arbitrator shall decide, with or without a hearing, any motion
that is substantially similar to a motion to dismiss for failure to state
a claim or a motion for summary judgment. In conducting the
arbitration proceeding, the arbitrator shall not apply any federal
or state rules of civil procedure or evidence. The arbitrator shall
not consolidate the claims of multiple parties unless you and Britax
agree to do so. At the timely request of any party, the arbitrator
shall provide a written explanation for the award. The arbitrator's
award may be filed with any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE
ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD. IN
OTHER WORDS, YOU AND BRITAX EACH AGREE THAT ALL DISPUTES SHALL
BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO
PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE FASHION.
THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN
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