Arbitration Agreement - Britax Poplar Canadian User Manual

Arbitration Agreement

MANDATORY ARBITRATION & CLASS ACTION WAIVER
("ARBITRATION AGREEMENT")
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR
LEGAL RIGHTS, REQUIRES YOU TO ARBITRATE DISPUTES, AND LIMITS
THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Arbitration is a process in which persons with a dispute waive
their rights to file a lawsuit and proceed in court and to have
a jury trial to resolve their disputes and, instead, agree to
submit their disputes to a neutral third person (an "arbitrator")
for a decision. Each party to the dispute has an opportunity
to present some evidence to the arbitrator. Pre-arbitration
discovery may be limited. Arbitration proceedings are private
and less formal than court trials. The arbitrator will issue a
final and binding decision resolving the dispute, which may
be enforced as a court judgment. A court rarely overturns an
arbitrator's decision.
YOU AND BRITAX AGREE THAT ANY DISPUTE BETWEEN US, WHETHER
BASED IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL BE
RESOLVED IN BINDING INDIVIDUAL ARBITRATION. For purposes of
this Arbitration Agreement, the word "dispute" and "disputes"
are given the broadest possible meaning and include, without
limitation, all claims, disputes, and/or controversies arising
out of or relating in any way to the relationship between you
and Britax (including disputes related to the marketing or
sale of Britax products), any provisions in this User Guide or
this Arbitration Agreement (including the interpretation and
scope of this Arbitration Agreement and the arbitrability of
any dispute), and/or your purchase or use of any products
designed, manufactured, distributed, marketed, or sold by
Britax. The Federal Arbitration Act ("FAA") and federal arbitration
law apply to this Arbitration Agreement. Notwithstanding the
foregoing, you and Britax each agree that you and Britax 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 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
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