Arbitration Rules and Procedures.
To begin arbitration of a claim, either you or Coway must
make a written demand for arbitration. The arbitration will be
administered by the American Arbitration Association ("AAA")
and will be conducted before a single arbitrator under the
AAA' s Consumer Arbitration Rules that are in effect at the time
the arbitration is initiated (referred to as the "AAA Rules") and
under the procedures set forth in this section. The AAA Rules are
available online at www.adr.org/consumer. Send a copy of your
written demand for arbitration, as well as a copy of this provision,
to the AAA in the manner described in the AAA Rules. You must
also send a copy of your written demand to Coway at Woongjin
Coway USA, Inc., Attn: Legal Department- Arbitration, 4221
Wilshire Blvd., STE 210, Los Angeles, CA 90010. If there is a conflict
between the AAA Rules and the rules set forth in this section, the
rules set forth in this section will govern. This arbitration provision
is governed by the Federal Arbitration Act. Judgment may be
entered on the arbitrator' s award in any court of competent
jurisdiction. All issues are for the arbitrator to decide, except that
issues relating to the scope and enforceability of the arbitration
provision and to the arbitrability of the dispute are for the court to
decide. The arbitrator is bound by the terms of this provision.
Governing Law.
The law of the state of your residence shall govern this Limited
Warranty and any disputes between us except to the extent
that such law is preempted by or inconsistent with applicable
federal law.
Fees/Costs.
If you prevail in the arbitration, Coway will pay your attorneys'
fees and expenses as long as they are reasonable, by
considering factors including, but not limited to, the purchase
amount and claim amount. Notwithstanding the foregoing,
if applicable law allows for an award of reasonable attorneys'
fees and expenses, an arbitrator can award them to the same
extent that a court would. If the arbitrator finds either the
substance of your claim or the relief sought in the demand is
frivolous or brought for an improper purpose (as measured by
USA
Add : Woongjin Coway USA, Inc.
4221 Wilshire Blvd. #210 Los Angeles, CA90010
Call center. : 800-285-0982
www.cowaymega.com
the standards set forth in Federal Rule of Civil Procedure 11(b)),
then the payment of all arbitration fees will be governed by the
AAA Rules. In such a situation, you agree to reimburse Coway
for all monies previously disbursed by it which are otherwise
your obligation to pay under the AAA Rules.
Hearings and Location.
If your claim is for $25,000 or less, you may choose to have the
arbitration conducted solely on the basis of (1) documents
submitted to the arbitrator, (2) through a telephonic hearing,
or (3) by an in-person hearing as established by the AAA
Rules. If your claim exceeds $25,000, the right to a hearing will
be determined by the AAA Rules. Any in-person arbitration
hearings will be held at a location within the federal judicial
district in which you reside unless we both agree to another
location or we agree to a telephonic arbitration.
Opt Out.
You may opt out of this dispute resolution procedure. If
you opt out, neither you nor Coway can require the other to
participate in an arbitration proceeding. To opt out, you must
send notice to Coway no later than 30 calendar days from the
date of the first consumer purchaser' s purchase of the product
by either: (i) sending an e-mail to info@aquamega.com with
the subject line: "Arbitration Opt Out" or (ii) calling 1-800-285-
0982. You must include in the opt out e-mail or provide by
telephone: (a) your name and address; (b) the date on which
the product was purchased; (c) the product model name or
model number; and (d) the serial number (the serial number
can be found on the product.
You may only opt out of the dispute resolution procedure in
the manner described above (that is, by e-mail or telephone);
no other form of notice will be effective to opt out of this
dispute resolution procedure. Opting out of this dispute
resolution procedure will not affect the coverage of the Limited
Warranty in any way, and you will continue to enjoy the full
benefits of the Limited Warranty. If you keep this product and
do not opt out, then you accept all terms and conditions of the
arbitration provision described above.
KOREA
Add : Woongjin Coway Co., Ltd.
136-23, Yugumagoksa-ro, Yugu-eup, Gongju-si,
Chungcheongnam-do, Korea
Tel. : 82-1588-5100
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