Ascend D10 Mode D'emploi page 31

ASCEND® Kayak Limited Warranty (continued)
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e) After the 30-day period specified in paragraph c) above has expired,
either you or we may initiate arbitration by giving written notice of the
intention to arbitrate to the other party and by filing notice with the
AAA in accordance with the AAA Rules in effect at the time the notice
is filed. We may be given notice at the Notice Address specified in
paragraph c) above. If you decide to initiate arbitration, you agree to pay
the initiation fee of $200 (or the amount otherwise required by the AAA
Rules), and we agree to pay the remaining arbitration initiation fee and
any additional deposit required by AAA to initiate your arbitration. We
will pay the costs of the arbitration proceeding, including the arbitrator's
fees; however, other fees, such as attorney's fees and expenses of travel
to the arbitration, shall be paid in accordance with the AAA Rules and
applicable law. We will pay all costs associated with any arbitration that
we commence.
f) A single, neutral arbitrator selected in accordance with the AAA Rules
shall decide all Claims. The arbitrator shall be an active member in good
standing of the bar for any state in the continental United States and
shall be either actively engaged in the practice of law for at least five
years or a retired judge.
g) You and we agree that the arbitrator shall: (i) limit discovery to non-
privileged matters directly relevant to the Claim; (ii) grant only relief that
is based upon and consistent with substantial evidence and applicable
substantive law; (iii) have authority to grant relief only with respect
to the Claims asserted by or against you and us individually; and (iv)
provide a written statement stating the disposition of each Claim and a
concise written explanation of the basis for the award and shall make
specific findings of fact and conclusions of law to support any arbitration
award. Unless inconsistent with applicable law, and except as otherwise
provided herein, each party shall bear the expense of its respective
attorney, expert, and witness fees, regardless of which party prevails
in the arbitration. Any arbitration proceedings shall be conducted in
the federal judicial district of your residence, and you will be given the
opportunity to attend the proceeding and be heard. If the Claim is for
$10,000 or less, we agree that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing with the arbitrator, or by an in-
person hearing in accordance with the AAA Rules.
h) The arbitrator's decision will be final and binding upon the parties
and may be enforced in any federal or state court that has jurisdiction.
You and we agree that the arbitration shall be kept confidential and
that the existence of the proceeding and any element of it (including,
without limitation, any pleadings, briefs or other documents submitted
or exchanged and any testimony or other oral submissions and awards)
will not be disclosed beyond the arbitration proceedings, except as may
lawfully be required in judicial proceedings relating to the arbitration or
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