30 Second Smile TB100 Посібник користувача - Сторінка 9

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one YeaR liMiteD WaRRantY

Your 30 Second Smile

automatic toothbrush is warranted to be free from defects

™

in materials and workmanship for one year from the original purchase date. Brush

heads and batteries are excluded from this warranty. Should the product have a

defect in materials or workmanship, we will repair or replace it without charge to

you (a shipping and processing fee may apply). To obtain service under warranty,

simply call our Customer Service Center toll-free at 800-431-1902.

This warranty does not cover damage caused by accident, misuse or any use other

than as intended and described in this product manual, or damage resulting from

failure to maintain and clean this product as specified in this product manual. This

warranty applies only to the original purchaser of the 30 Second Smile

Contact Info for Warranty Service:

30 Second Smile

™

P.O. Box 9169

Van Nuys, CA 91409

1-800-431-1902

www.30secondsmile.com

Patents pending.

THIS ARBITRATION AGREEMENT ("AGREEMENT") AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT

DISPUTES BETWEEN YOU AND THE SELLER OF THIS PRODUCT ("COMPANY"), MUST BE RESOLVED THROUGH BINDING

ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS

AGREEMENT BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE "PRODUCT") FOR

MORE THAN FOURTEEN (14) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY

RETURN THE PRODUCT TO COMPANY WITHIN FOURTEEN (14) DAYS OF RECEIPT AT NO COST TO YOU.

RESOLUTION OF CLAIMS OR DISPUTES.

Any claim or dispute between you and Company (or any of Company's subsidiaries or affiliates) arising out of or relating in

any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation

applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence,

violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive

your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.

toothbrush.

™

LIMITATION OF LEGAL REMEDIES.

All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator

shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you

from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought

by any other person.

ARBITRATION PROCEDURES.

a. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to

Company by calling 818-217-2500 and asking for the Legal Department and allowing Company the opportunity to

resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration

proceedings in accordance with the terms of this Agreement.

b. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration

Association's ("AAA") United States Commercial Dispute Resolution Procedures and Supplementary Procedures for

Consumer-Related Disputes. These rules and procedures are available

by calling the AAA or by visiting its web site at www.adr.org.

c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or the location

in which you received this Agreement.

d. All administrative expenses of arbitration proceedings commenced under this Agreement shall be divided equally

between you and Company, except that: (a) if the claim or dispute that is the subject of the arbitration proceedings is

less than ten thousand dollars (US$10,000), you will be responsible for no more than one hundred twenty-five dollars

(US$125) in administrative expenses; (b) if the claim or dispute that is the subject of the arbitration proceedings is more

than ten thousand dollars (US$10,000) but less than seventy-five thousand dollars (US$75,000), you will be responsible

for no more than three hundred seventy-five dollars (US$375) in administrative expenses; and (c) if the claim or dispute

that is the subject of the arbitration proceedings is more than seventy-five thousand dollars (US$75,000), then you will

be responsible for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA. You

acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses

CHOICE OF LAW.

This Agreement shall be governed by the United States Federal Arbitration Act and the laws of the State of California.

SEVERABILITY.

If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be inef-

fective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other

provisions shall remain fully enforceable.

ARBITRATION AGREEMENT