Coway AIRMEGA Icon User Manual page 35

Arbitration Rules and Procedures. To begin
arbitration of a claim, either you or Coway must
make a written demand for arbitration. The
arbitration will be administered by the American
Arbitration Association ("AAA") and will be
conducted before a single arbitrator under the
AAA's Consumer Arbitration Rules that are in effect
at the time the arbitration is initiated (referred to
as the "AAA Rules") and under the procedures set
forth in this section. The AAA Rules are available
online at www.adr.org/consumer. Send a copy of
your written demand for arbitration, as well as a
copy of this provision, to the AAA in the manner
described in the AAA Rules. You must also send a
copy of your written demand to Coway at Coway
USA, Inc., Attn: Legal Department- Arbitration,
4221 Wilshire Blvd., STE 210, Los Angeles, CA
90010. If there is a conflict between the AAA Rules
and the rules set forth in this section, the rules set
forth in this section will govern. This arbitration
provision is governed by the Federal Arbitration
Act. Judgment may be entered on the arbitrator's
award in any court of competent jurisdiction. All
issues are for the arbitrator to decide, except that
issues relating to the scope and enforceability of
the arbitration provision and to the arbitrability
of the dispute are for the court to decide. The
arbitrator is bound by the terms of this provision.
Governing Law. The law of the state of your
residence shall govern this Limited Warranty and
any disputes between us except to the extent that
such law is preempted by or inconsistent with
applicable federal law.
Fees/Costs. If you prevail in the arbitration, Coway
will pay your attorneys' fees and expenses as long
as they are reasonable, by considering factors
including, but not limited to, the purchase amount
and claim amount. Notwithstanding the foregoing,
if applicable law allows for an award of reasonable
attorneys' fees and expenses, an arbitrator can
award them to the same extent that a court
would. If the arbitrator finds either the substance
of your claim or the relief sought in the demand is
frivolous or brought for an improper purpose (as
measured by the standards set forth in Federal
Rule of Civil Procedure 11(b)), then the payment
of all arbitration fees will be governed by the AAA
Rules. In such a situation, you agree to reimburse
Coway for all monies previously disbursed by it
which are otherwise your obligation to pay under
the AAA Rules.
Hearings and Location. If your claim is for
$25,000 or less, you may choose to have the
arbitration conducted solely on the basis of
(1) documents submitted to the arbitrator, (2)
through a telephonic hearing, or (3) by an in-
person hearing as established by the AAA Rules. If
your claim exceeds $25,000, the right to a hearing
will be determined by the AAA Rules. Any in-person
arbitration hearings will be held at a location
within the federal judicial district in which you
reside unless we both agree to another location or
we agree to a telephonic arbitration.
Opt Out. You may opt out of this dispute resolution
procedure. If you opt out, neither you nor
Coway can require the other to participate in an
arbitration proceeding. To opt out, you must send
notice to Coway no later than 30 calendar days
from the date of the first consumer purchaser's
purchase of the product by either: (i) sending an
e-mail to info@cowaymega.com with the subject
line: "Arbitration Opt Out" or (ii) calling 1-800-285-
0982. You must include in the opt out e-mail or
provide by telephone: (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 serial number (the serial number can
be found on the product.
You may only opt out of the dispute resolution
procedure in the manner described above (that
is, by e-mail or telephone); no other form of
notice will be effective to opt out of this dispute
resolution procedure. Opting out of this dispute
resolution procedure will not affect the coverage
of the Limited Warranty in any way, and you will
continue to enjoy the full benefits of the Limited
Warranty. If you keep this product and do not opt
out, then you accept all terms and conditions of the
arbitration provision described above.
34