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Model: MNSOLX-BLK
ALL DISPUTES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY
OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCT
SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY.
Any such dispute shall not be combined or consolidated with a dispute
involving any other person's or entity's Product or claim, and specifically,
without limitation of the foregoing, shall not under any circumstances
proceed as part of a class action.
The arbitration shall be conducted before a single arbitrator, whose
award may not exceed, in form or amount, the relief allowed by the
applicable law. The arbitration shall be conducted by the American
Arbitration Association (AAA) pursuant to its Consumer Arbitration
Rules (AAA Rules). The Federal Arbitration Act governs this provision.
The arbitrator shall decide all issues of interpretation and application of
this arbitration provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive of
attorney fees and expert witness fees, are $5,000.00 or less ("Small
Claim"), the arbitrator may, if you prevail, award your reasonable
attorney fees, expert witness fees and costs as part of any award, but
may not grant its attorney fees, expert witness fees or costs unless it is
determined that the claim was brought in bad faith. In a Small Claim
case, you shall be required to pay no more than half of the total
administrative, facility and arbitrator fees, or $50.00 of such fees,
whichever is less, and Russell Distribution Company, LLC shall pay the
remainder of such fees. Administrative, facility and arbitrator fees for
arbitrations in which your total damage claims, exclusive of attorney
fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall
be determined according to AAA Rules. In a Large Claim case, the
arbitrator may grant to the prevailing party, or apportion among the
parties, reasonable attorney fees, expert witness fees and costs.
Judgment may be entered on the arbitrator's award in any court of
competent jurisdiction.
DISPUTES
This arbitration provision also applies to claims by you, the purchaser of
the Product, and all those in privity with you, including your family
members, beneficiaries and assigns, against Russell Distribution
Company, LLC's parent(s), subsidiaries and a liates, any person or
entity that licensed, supplied, sold or distributed the Product, and each
of their o cers, employees, representatives,
licensors/licensees, agents, beneficiaries, predecessors in interest,
successors, and/or assigns.
You may opt out of this dispute resolution procedure by providing notice
to Russell Distribution Company, LLC no later than 30 calendar days
from the date of the first consumer purchaser's purchase of the Product.
To opt out, you must send notice by e-mail to Russell Distribution
Company, LLC at support@mymonsteraudio.com, with the subject line:
"Arbitration Opt Out." You must include in the opt out e-mail (a) your
name and address; (b) the date on which the Product was purchased;
(c) the Product model name or model number; and (d) the IMEI or MEID
or Serial Number if applicable, if you have it. Alternatively, you may opt
out by calling 1-800-976-0677 no later than 30 calendar days from the
date of the first consumer purchaser's purchase of the Product and
providing the same information. These are the only two forms of notice
that will be e ective to opt out of this dispute resolution procedure.
Opting out of this dispute resolution procedure will not a ect the
coverage of the Limited Warranty in any way, and you will continue to
enjoy the benefits of the Limited Warranty.
please contact technical support with questions
Phone: 1-800-976-0877
Do not return this product to the store.
To obtain warranty service,
Email: support@mymonsteraudio.com
Visit: MyMonsterAudio.con
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