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Limitation of Liability
This warranty gives you specific legal rights. You may also have other rights that
vary, depending on the law in your place of residence. This limited warranty is your
sole remedy against Water Pik, Inc. and it shall not be liable for any damages,
whether direct, indirect, incidental, special, consequential, exemplary or otherwise,
including but not limited to property damage, arising out of any theory of recovery,
including statutory, contract or tort.
Arbitration
BINDING ARBITRATION AND WAIVER OF RIGHT TO ASSERT MATTERS IN COURT
AND RIGHT TO JURY TRIAL
By purchasing, installing, or using this product you agree that any controversy or
claim arising out of or relating to your purchase, use, modification, installation,
or removal of this product shall be settled by binding arbitration. The arbitrator's
decision will be final and binding. Judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction over the matter.
Further, you agree that you will not have the right to litigate any claim arising out
of or in relation to your purchase, use, modification, installation, or removal of this
product in any court or to have a jury trial on that claim.
Arbitration of any matters shall be administered by the American Arbitration
Association and conducted by one arbitrator in accordance with the consumer
arbitration rules of the American Arbitration Association in effect at the time of filing
of the demand. The venue for all such arbitrations shall be Colorado and any such
arbitration shall be subject to the Federal Arbitration Act and Colorado law.
WAIVER OF RIGHT TO PARTICIPATE IN CLASS ACTIONS OR PURSUE CLAIMS IN A
REPRESENTATIVE CAPACITY.
Further, by purchasing, installing, or using this product you agree that arbitration must
be on an individual basis. This means neither you, nor we, may join or consolidate claims
in arbitration by or against other purchasers or users of Water Pik, Inc. products or the
general public. Additionally, you may not litigate in court or arbitrate any claims as a
representative or member of a class or in a purported representative capacity on behalf
of the general public, other purchasers or users of this product, other persons or entities
similarly situated, or in a private attorney general capacity.
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