Segway NAVIMOW i Series Important Information Manual page 7

You waive the right to participate in class actions arising from or relating to all claims and disputes with Navimow Parties
and/or Navimow Dealers. You agree to arbitrate solely on an individual basis and that this Agreement does not permit class
arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The
arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a
representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, then the
remaining portions of the arbitration Agreement will remain in force.
Section 6 "Claims and Dispute Resolution" clause shall survive upon termination or expiration of this Agreement and/or
limited warranty or in the event that this Agreement and/or the limited warranty is held as void, avoidable, invalid, or
unenforceable, either in whole or part, by a competent adjudication institution with actual authority and jurisdiction over
this matter.
Navimow Parties and Navimow Dealer require, and you hereby agree that you shall arbitrate your claims against Navimow
Parties and/or Navimow Dealers according to the arbitration described above before you exercise your rights according to the
title of the Magnuson-Moss Warranty Act. Title I of the Magnuson-Moss Warranty Act does not require you to pursue rights
and remedies available to you that are not provided by the Title I of Magnuson-Moss Warranty Act.
6.2 Small Claim
For any arbitration in which your total claims, exclusive of attorney fees and expert witness fees, is $5,000.00 or less ("Small
Claim"), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees, and costs as part of any
award on the condition of the arbitrator's actual and affirmative finding that the claim is non-frivolous. In a Small Claim case,
you are required to pay no more than half of the total administrative, facility, and arbitrator fees, or $50.00 of such fees,
whichever is less, and Navimow Parties shall pay the remainder of such fees. In a Small Claim case, Navimow Parties shall not
recover any attorney fees provided that your claim is non-frivolous. Administrative, facility, and arbitrator fees for
arbitrations in which your total claimed damages, exclusive of attorney fees and expert witness fees, exceed $5,000.00
("Large Claim"), shall be determined according to AAA Rules. In a Large Claim case, the arbitrator may grant to the prevailing
party or apportion among the parties reasonable attorney fees, expert witness fees, and costs. The arbitrator shall be entitled
to award declaratory or injunctive relief upon request by any party.
6.3 Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO NAVIMOW PARTIES NO LATERTHAN
THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST CONSUMER PURCHASER'S PURCHASE OF THE PRODUCT. TO
OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO NAVIMOW AT OPTOUT@SEGWAY.COM, WITH THE SUBJECT LINE:
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"ARBITRATION OPT-OUT." THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING
EN ADDRESS, AND PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME
OR MODEL NUMBER; AND (D) THE SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO
OPT-OUT LETTER TO NAVIMOW AT DYNAMOSTRAAT 7, 1014BN AMSTERDAM, THE NETHERLANDS. WITHIN THIRTY (30)
CALENDAR DAYS FROM THE DATE OF THE FIRST END USER'S PURCHASE OF THE PRODUCT FROM NAVIMOW DEALER.THE
OPT-OUT LETTER SHALL CONTAIN THE FOLLOWING INFORMATION: (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND
PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL
NUMBER; (D) THE SERIAL NUMBER; AND (E) AN STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS TO OPT-OUT THE
DISPUTE RESOLUTION PROCEDURE AS PROVIDED BY THIS LIMITED WARRANTY, THESE ARE THE ONLY TWO EFFECTIVE WAYS
TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE. ELECTION TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE WILL
NOT AFFECT THE COVERAGE OF THE LIMITED WARRANTY IN ANY WAY, AND YOU WILL CONTINUE TO ENJOY THE BENEFITS OF
THE LIMITED WARRANTY.
6.4 Federal Arbitration Act
The Federal Arbitration Act governs this arbitration clause. This Agreement evidences a transaction in interstate commerce,
and thus the Federal Arbitration Act governs its interpretation and enforcement.
6.5 Procedure
The Federal Arbitration Act governs this arbitration clause. This Agreement evidences a transaction in interstate commerce,
and thus the Federal Arbitration Act governs its interpretation and enforcement.
The following is a description of the arbitration process:
A. Mail a Notice of Dispute to Navimow. Before initiating an arbitration against Navimow Parties and/or Navimow Dealers,
you must first notify Navimow Parties and/or Navimow Dealers of your dispute in good faith. Please include your contact
information, your concerns, and the relief you intend to seek from Navimow Parties and/or Navimow Dealers, and any
information you believe would help resolve the dispute. Navimow Parties and/or Navimow Dealers will review your Notice
of Dispute to determine whether Navimow Parties and/or Navimow Dealers may settle it with you to avoid arbitration. The
notice should be sent by certified mail to Attention: Disputes, NAVIMOW, Dynamostraat 7, 1014 BN, Amsterdam, The
Netherlands. Please keep a copy of your notice for your records.
B.Wait 30 Days. Navimow Parties and/or Navimow Dealers will review your Notice of Dispute within thirty (30) days of
Navimow's receipt of your Notice of Dispute. If you do not hear from Navimow within thirty (30) days of its receipt of your
Notice of Dispute, you may proceed with filing an arbitration claim against Navimow Parties and/or Navimow Dealers.
Should Navimow provide you a written settlement offer, please keep this settlement offer because Navimow Parties
and/or Navimow Dealers and you will be required to show this settlement offer to the arbitrator. Notwithstanding the
foregoing, such offer, if any, shall not be shown to the arbitrator until after the arbitrator's determination on the merits of
your claim.
C. Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that includes a
basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii) your description of the
dispute; and (iii) your short statement detailing why you are entitled to relief.
D. Send Navimow Parties and/or Navimow Dealers Your Demand for Arbitration. You can send Navimow Parties and/or
Navimow Dealers your Demand for Arbitration at the following address: Attention: Disputes, NAVIMOW, Dynamostraat 7,
1014 BN, Amsterdam, The Netherlands. Please keep a copy of your notice for your records.
E. Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address that you are to
send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at 1101 Laurel Oak Road, Suite
100, Voorhees, NJ 08043, subject to amendment and/or update by AAA. You should also include a copy of this warranty
policy and the appropriate filing fee. Navimow Parties will reimburse you for this filing fee. If you cannot afford to pay the
filing fee, please contact Navimow, and Navimow will pay the filing fee for you if your claims seek a remedy less than
$75,000. AAA has an online filing option that you can find on its website: www.adr.org.
F. AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and notify
you and Navimow Parties and/or Navimow Dealers of the arbitrator's name and qualification. The AAA requires all
arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties' attorneys.
If the arbitrator has any such relationship, the AAA will inform Navimow Parties and you. If either you or Navimow Parties
object to the AAA's choice of arbitrator, we'll have seven (7) days to inform the AAA.
G. Choose the Hearing You Would Like. Unless you and Navimow Parties agree to have any arbitration hearings somewhere
else, the arbitration will take place in the county (or parish) that you purchase the Product. If your claim is for $10,000 or
less, you may choose to have the hearing conducted by telephone or in-person. Alternatively, you may choose to proceed
to conduct the entire arbitration through written correspondence with the arbitrator that doesn't include an interactive
hearing. Once the AAA has commenced the arbitration, you have ten (10) days to inform the AAA of your choice of hearing.
If you don't make a choice, the AAA will conduct the arbitration by written correspondence without an interactive hearing.
If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Those rules currently provide for
an in-person hearing if your claim exceeds $10,000, but you and Navimow Parties may agree whether that hearing is in
person or by telephone or whether to instead proceed with written correspondence.
H. Arbitrator's Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from the
submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written
correspondence, the arbitrator will render a written decision. That decision will include the essential findings and
conclusions upon which the arbitrator based his or her award. Navimow Parties will immediately respond to the arbitrator
notifying the arbitrator whether, and to what extent, Navimow Parties will abide by the decision, perform the obligations
it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.
I. The parties agree to keep strictly confidential any conduct, communication, and information disclosed and/or
communicated to the other party under Section 6 (Claims, Dispute Resolution and Mandatory arbitration), including but
not limited to the existence of dispute resolution, mediation (if the parties agree to conduct mediation), settlement,
arbitration, arbitral proceedings, submissions made by the parties and the decisions made by arbitral tribunal, including
its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where
required by applicable law.
7. Intended third Party Beneficiary
(a) If a natural person receives a Product that is new as a gift from its original purchaser and this recipient does not become a
party to this Agreement, this recipient shall be deemed as an intended third-party beneficiary to this Agreement. (b) If (i) a
natural person is in the family or household of a purchaser of Product, (ii) it is reasonable to expect that such person may use,
consume, or be affected by the Product, and (iii)this person is not a party to this Agreement, this person shall be deemed as an
intended third-party beneficiary to this Agreement.
8. Statute of Limitation
The parties agree that any dispute, controversy, or claim arising out of, related to, or in connection with this Agreement, the limited
warranty, the sale, condition, or performance of the Product, whether based in contract, tort, fraud, misrepresentation or any other
legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, must be commenced
within one year after the cause of action has occurred.
9. Severability
If any term, clause, or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term, clause or provision of this Agreement or invalidate or render
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