Amped Wireless ALLY User Manual page 129

Application. This Binding Arbitration and Class Action Waiver Provision applies to any Dispute arising from or
related to this "LIMITED WARRANTY, TERMS & CONDITIONS, LICENSES, DISCLAIMERS, COPYRIGHT &
REGULATORY INFORMATION," including the License Agreement (collectively, the "Warranty and Agreement")
or your use of our Products, Software or services and involving you and Amped Wireless. "Dispute," for purposes
of this provision, means any dispute, action, or other controversy regardless of the particular cause of action(s)
asserted (i.e., it encompasses, among any other potential cause of action or legal basis, claims for breach of
contract, fraud, and violation of statute or regulation).
Notice. In the event of a Dispute, you must provide Amped Wireless with a notice of Dispute, which is a written
statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute,
and the relief requested. You must send any Notice of Dispute by email to Amped Wireless at
legal@ampedwireless.com (stating Subject: Notice of Dispute Under Warranty and Agreement).
CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE
CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS
ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS
OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED
WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR
PROCEEDINGS.
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