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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
("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
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would like the arbitration carried out
based only on documents submitted
to the arbitrator or by a hearing
in person or by telephone.
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,
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
DOES
NOT
ALLOW
COLLECTIVE ARBITRATIONS EVEN IF
The
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.
ARBITRATOR MAY AWARD MONEY
OR INJUNCTIVE RELIEF ONLY IN
FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO
THE
EXTENT
NECESSARY
PROVIDE RELIEF WARRANTED BY
THAT PARTY'S INDIVIDUAL CLAIM.
NO CLASS, REPRESENTATIVE OR
PRIVATE
ATTORNEY
OR GENERAL INJUNCTIVE RELIEF
THEORIES OF LIABILITY OR PRAYERS
FOR RELIEF MAY BE MAINTAINED
the
IN ANY ARBITRATION CONDUCTED
PURSUANT TO THIS ARBITRATION
AGREEMENT.
If the foregoing class action waiver
and
prohibition
arbitration is determined to be invalid
or unenforceable for any reason, then
this entire Arbitration Agreement
shall be void. If any portion of this
Arbitration Agreement other than the
class action waiver and prohibition
against class arbitration is deemed
to be invalid or unenforceable for
any reason, it shall not invalidate the
remaining portions of this Arbitration
Agreement.
If for any reason a
dispute proceeds in court rather
than in arbitration, you and Britax
each waive any right to a jury trial.
AGREEMENT
CLASS
OR
THE
TO
GENERAL
against
class
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