Britax Poplar Guide D'utilisation page 52

proceeding, to resolve your dispute with Britax.
The arbitration will be conducted confidentially by a single
arbitrator and administered by the American Arbitration
Association ("AAA") under its Consumer Arbitration Rules most
recently in effect to the extent such rules and procedures do
not contradict the express terms of this Arbitration Agreement.
To learn more about the rules and how to begin an arbitration,
you may call any AAA office or go to www.adr.org. If you
demand arbitration, then at your request Britax will advance
your portion of the expenses associated with the arbitration,
including the filing, administrative, hearing and arbitrator's fees
("Arbitration Fees") to the extent such Arbitration Fees exceed
$200. If Britax demands arbitration, then at your request Britax
will advance your portion of the Arbitration Fees. For claims
of $10,000 or less, you can choose whether you would like the
arbitration carried out based only on documents submitted to
the arbitrator or by a hearing in person or by telephone. The
arbitration hearing will be conducted in the county of your
residence, within 30 miles of such county, or in such place as
shall be ordered by the arbitrator. Throughout the arbitration,
each party shall bear his, her or its own attorneys' fees and
expenses, including any witness and expert witness fees. The
arbitrator shall apply applicable substantive law consistent with
the FAA, shall apply statutes of limitation, and shall honor claims
of privilege recognized at law. The arbitrator shall decide, with
or without a hearing, any motion that is substantially similar to
a motion to dismiss for failure to state a claim or a motion for
summary judgment. In conducting the arbitration proceeding,
the arbitrator shall not apply any federal or state rules of civil
procedure or evidence. The arbitrator shall not consolidate the
claims of multiple parties unless you and Britax agree to do so.
At the timely request of any party, the arbitrator shall provide a
written explanation for the award. The arbitrator's award may
be filed with any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR
COLLECTIVE ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES
WOULD. IN OTHER WORDS, YOU AND BRITAX EACH AGREE THAT
ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS
AND WAIVE ANY RIGHT TO PROCEED IN A CLASS, CONSOLIDATED,
OR REPRESENTATIVE FASHION. THE ARBITRATOR MAY AWARD
MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR
GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS
FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION CONDUCTED
PURSUANT TO THIS ARBITRATION AGREEMENT.
If the foregoing class action waiver and prohibition against
class arbitration is determined to be invalid or unenforceable
for any reason, then this entire Arbitration Agreement shall
be void. If any portion of this Arbitration Agreement other
than the class action waiver and prohibition against class
arbitration is deemed to be invalid or unenforceable for any
reason, it shall not invalidate the remaining portions of this
Arbitration Agreement. If for any reason a dispute proceeds
in court rather than in arbitration, you and Britax each waive
any right to a jury trial.
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