HTC 0P9O300 Manual de seguridad del producto - Página 33

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$5,000, the arbitrator may grant to the prevailing

party, or apportion among the parties, reasonable

attorney's fees, expert witness fees, and costs,

insofar as it is permitted by governing law.

This agreement to arbitrate is subject to the

following additional conditions:

(1) Decisions Concerning Arbitrability or

Enforceability: Notwithstanding the AAA

Rules, any decisions concerning arbitrability of

a particular dispute, including but not limited

to whether a class arbitration is permitted by

this Limited Warranty, shall be resolved by a

proper court, rather than an arbitrator. Any

dispute concerning the enforceability of this

agreement to arbitrate, or any part thereof,

shall also be resolved by a proper court, rather

than an arbitrator.

(2) Waiver of Class Arbitration: NO DISPUTE

WITHIN THE SCOPE OF THE DISPUTE

RESOLUTION CLAUSE MAY BE COMBINED

OR CONSOLIDATED WITH A DISPUTE

INVOLVING ANY OTHER PERSON'S OR

ENTITY'S PRODUCT OR CLAIM. NO

CLASS OR COLLECTIVE ARBITRATION

IS PERMITTED, EVEN IF THE AAA RULES

OR OTHER RULES GOVERNING THE

ARBITRATION WOULD OTHERWISE PERMIT

IT. THE ARBITRATOR IS AUTHORIZED

TO AWARD RELIEF ONLY IN FAVOR OF

THE INDIVIDUAL PARTY SEEKING RELIEF

AND ONLY TO THE EXTENT PERMITTED

TO RESOLVE THAT INDIVIDUAL'S CLAIM,

SUBJECT TO THE RESTRICTIONS IN THIS

LIMITED WARRANTY.

(3) Applicability of Agreement to Arbitrate: IF

THE PROHIBITION ON CLASS ARBITRATIONS

SET FORTH ABOVE IS DEEMED TO BE

UNENFORCEABLE, THEN THE AGREEMENT

TO ARBITRATE WILL NOT APPLY.

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