THIS ARBITRATION AGREEMENT ("AGREEMENT") SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS REGARDING THE PRODUCT(S) YOU PURCHASE FROM US SHALL BE RESOLVED
THIS AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.
BY ORDERING A PRODUCT FROM US, YOU UNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN US CONCERNING SUCH PRODUCT SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AND AS SUCH, YOU WAIVE YOUR TO A JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST RETURN THE PRODUCT WITHIN THIRTY (30) DAYS OF YOUR RECEIPT OF THE PRODUCT. NOTE: ANY AND ALL LITIGATION MUST BE HANDLED IN THE PROVINCE OF ONTARIO, CANADA ONLY.
1. RESOLUTION BY BINDING ARBITRATION. Any claim or dispute between you and us or any of our affiliates, arising 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. You 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.
2. WAIVER OF CLASS PARTICIPATION. All arbitration under the 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 procedures as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate a a member of a class of claimants in any lawsuit filed against us and/or related third parties.
3. SMALL CLAIMS. If a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration.Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with,the terms of this Agreement. Any appeal of a judgement from a small claims tribunal shall be resolved by binding arbitration under the terms of this Agreement.
4. SEVERABILITY. If any provision of the Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective 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.