Arbitration Agreement - Britax Brook User Manual

permitted by applicable law. THE REMEDIES CONTAINED IN THE LIMITED WARRANTY
SET FORTH ABOVE ARE THE EXCLUSIVE REMEDIES PROVIDED BY BRITAX. IN NO
EVENT SHALL BRITAX BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES 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, AND/OR YOUR PURCHASE OR USE OF ANY PRODUCTS DESIGNED,
MANUFACTURED, DISTRIBUTED, MARKETED, OR SOLD BY BRITAX.
PLEASE COMPLETE AND MAIL THE OWNER REGISTRATION CARD WITHIN (30) DAYS
OF PURCHASE
You may also register online at us.britax.com/registration.

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/
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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
proceeding, to resolve your dispute with Britax.
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 Britax 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 Britax
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
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