Arbitration agreement, Limited warranty – Envion TPH100 User Manual

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arbiTraTion agreeMenT

PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE

PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE “PRODUCTS”) FOR MORE THAN THIRTY

(30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE

PRODUCT TO COMPANY WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND.

THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING

THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR SELLER OF THIS PRODUCT

(COLLECTIVELY, “COMPANY”) MUST BE RESOLVED THROUGH BINDING ARBITRATION AND NOT IN COURT. IT ALSO

PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU

REPRESENT OTHER PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE

ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS IN THIS AGREEMENT.

liMiTed warranTy

ONE-YEAR LIMITED WARRANTY
Your Therapure® TPH100 Humidifier is warranted to be free from defects in materials and workmanship

for one year from the original purchase date. 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

will apply). To obtain service under warranty, simply call our customer service center toll-free at

1.800.554.6168.

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

Therapure® TPH100 Humidifier.

ALL EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT, INCLUDING IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE

WARRANTY PERIOD, AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THIS

PERIOD.

Some states do not allow limitations on the duration of implied warranties, so the above limitation

may not apply to you. While this warranty gives you specific legal rights, you may also have other

rights which may vary from state to state.

Contact Info for Warranty Service:

Therapure® by Envion, LLC
P.O. Box 9169 | Van Nuys, CA | 91409-8291

1.800.554.6168 | www.envionproducts.com

Patents pending.

1. 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 is reciprocally binding on both you and the Company and 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.

2. 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 and the Company from commencing arbitration proceedings as a representative of

others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or

representative actions of any type are permitted.

3. ARBITRATION PROCEDURES.

a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to try

to resolve the matter by calling 800-218-3560, although you are not required to do so.

b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the expedited

procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date

you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and procedures are available

by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or dispute under this

Agreement shall be conducted by an arbitrator who has at least five years of experience conducting arbitrations.

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. For claims of $10,000 or less, you may choose whether the

arbitration proceeds in person, by telephone, or based only on submissions.

d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all

professional fees for the arbitrator’s services. The Company shall pay the fees and costs of its own counsel, experts

and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitration. Unless

otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of your own counsel,

experts and witnesses.

4. CHOICE OF LAW.

The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this

Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties

acknowledge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this

Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws

of the State of California, exclusive of conflict or choice of law rules.

5. SEVERABILITY.

If any provision of this 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.

TPH100