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YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION
AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT
WITHIN THIRTY (30) DAYS OF YOUR PURCHASE OF
A BRITAX PRODUCT. If you do not wish to be bound
by this Arbitration Agreement, you must notify Britax by
mailing or e-mailing a written opt-out notice, postmarked
or electronically delivered within thirty (30) days of your
purchase of a Britax product, to: ATTN: Legal Department,
4140 Pleasant Road, Fort Mill, South Carolina 29708. Your
opt-out notice must include your full name, address and/
or e-mail address, the model and serial numbers of the
purchased product, a copy of your proof of purchase, and
a statement that you intend to opt out of this Arbitration
Agreement. If you do not opt out within thirty (30) days of
your purchase, then this Arbitration Agreement will apply and
you understand and agree that you are waiving your right to
maintain other available resolution processes, such as a court
action or administrative 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
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