Britax Poplar Car Seat User Manual page 53

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 the arbitration,
each party shall bear his, her or its own attorneys' fees and
expenses, including any witness and expert witness fees. The
arbitrator shall apply applicable substantive law consistent
with the FAA, shall apply statutes of limitation, and shall
honor claims of privilege recognized at law. The arbitrator
shall decide, with or without a hearing, any motion that is
substantially similar to a motion to dismiss for failure to state
a claim or a motion for summary judgment. In conducting
the arbitration proceeding, the arbitrator shall not apply any
federal or state rules of civil procedure or evidence. The
arbitrator shall not consolidate the claims of multiple parties
unless you and Britax agree to do so. At the timely request of
any party, the arbitrator shall provide a written explanation for
the award. The arbitrator's award may be filed with any court
having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS
OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA RULES OR
PROCEDURES WOULD. IN OTHER WORDS, YOU AND BRITAX
EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN
INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PROCEED IN A
CLASS, CONSOLIDATED, OR REPRESENTATIVE FASHION. THE
ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY
IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY
TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY
THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE
OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE
RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE
MAINTAINED IN ANY ARBITRATION CONDUCTED PURSUANT TO
THIS ARBITRATION AGREEMENT.
If the foregoing class action waiver and prohibition
against class arbitration is determined to be invalid or
unenforceable for any reason, then this entire Arbitration
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