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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.
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 Romer 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
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