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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.
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 Romer 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 Romer 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
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