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6 Claims, Dispute Resolution, Class Action and Jury Trial
Waiver, Mandatory Arbitratio
THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY PARTIES AND SEGWAY DEALERS.
THE CLAUSES CONTAINED HEREIN MAY AFFECT YOUR RIGHTS, AND IT IS YOUR RESPONSIBILITY TO READ THE
FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT WITHIN 30 CALENDAR DAYS OF THE FIRST CONSUMER
PURCHASE BY EMAILING OPTOUT@SEGWAY.COM AND PROVIDING THE APPLICABLE INFORMATION. FOR MORE DETAILS,
PLEASE SEE SECTION 6.3.
6.1 Binding Arbitration. Segway Parties, Segway Dealers, and you agree that any dispute, controversy, or claim arising
out of, related to or in connection with this Agreement, the limited warranty, the sale, condition, or performance of
the Product, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity,
including but not limited to any claims for death, injury or property damages, shall be submitted to binding
arbitration upon the request of either party upon the service of that request on the other party.
6.2 American Arbitration Association Arbitration. The arbitration shall be conducted by the American Arbitration
Association (AAA) according to its Consumer Arbitration Rules and the Supplementary Procedures for
Consumer-Related Disputes (collectively "AAA Rules" ). The AAA Rules are available online at adr.org or by calling the
AAA at 1-800-778-7879. The arbitration shall be conducted before a single arbitrator, whose award may not exceed,
in form or amount, the relief allowed by the "Liability Disclaimer and Limitation" clause herein subject to the
applicable law.
6.3 Jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with
respect to the existence, scope or validity of the arbitration agreement. The arbitrator shall have the power to
determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration
clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator
that the contract is null and void shall not for that reason alone render invalid the arbitration clause. A party must
object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than the filing of
the answering statement to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on
such objections as a preliminary matter or as part of the final award.
6.4. Waiver of Jury Trial. You waive the right to have your claim heard in a court of law and by a jury. To the extent
permitted by law, all your claims and disputes related to subject matters herein shall be finally resolved by
arbitration. In the event the arbitration clause is unenforceable and/or void to certain claims and/or disputes due to
prohibition of law, the arbitration clause shall apply to the other claims and disputes.
6.5 Class Action / Class Arbitration Waiver. You waive the right to participate in class actions arising from or relating to all
claims and disputes with Segway Parties and/or Segway Dealers. You agree to arbitrate solely on an individual basis.
This Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or
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representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person' s claims and may
not otherwise preside over any form of a representative or class proceeding. If the prohibition on class arbitration is
deemed invalid or unenforceable, then the remaining portions of the arbitration Agreement will remain in force.
6.6 Small Claim.
If a party' s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that
court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing
with the AAA; (b) After a case is filed with the AAA, but before the arbitrator is formally appointed to the case by the
AAA, a party can send a written notice to the opposing party and the AAA that it wants the case decided by a small
claims court. After receiving this notice, the AAA will administratively close the case, and (c) After the arbitrator is
appointed, if a party wants to take the case to small claims court and notifies the opposing party and the AAA, it is up
to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed
and the dispute decided in small claims court.
6.7 Opt-Out.
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY PARTIES NO
LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST CONSUMER PURCHASER' S PURCHASE OF
THE PRODUCT. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO SEGWAY AT OPTOUT@SEGWAY.COM, WITH THE
SUBJECT LINE: "ARBITRATION OPT-OUT." THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL
ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C)
THE PRODUCT MODEL NAME OR MODEL NUMBER; AND (D) THE SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT
OUT BY SENDING AN ELECTION TO OPT-OUT LETTER TO SEGWAY AT SEGWAY INC., SEGWAY INC. P.O. BOX 661805,
Arcadia, CA, 91066, USA VIA CERTIFIED MAIL WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THE FIRST
END USER' S PURCHASE OF THE PRODUCT FROM SEGWAY DEALER. THE OPT-OUT LETTER SHALL CONTAIN THE
FOLLOWING INFORMATION: (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE
DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; (D) THE
SERIAL NUMBER; AND (E) AN STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS TO OPT-OUT THE DISPUTE
RESOLUTION PROCEDURE AS PROVIDED BY THIS LIMITED WARRANTY, THESE ARE THE ONLY TWO EFFECTIVE WAYS
TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE. ELECTION TO OPT-OUT THIS DISPUTE RESOLUTION
PROCEDURE WILL NOT AFFECT THE COVERAGE OF THE LIMITED WARRANTY IN ANY WAY, AND YOU WILL CONTINUE
TO ENJOY THE BENEFITS OF THE LIMITED WARRANTY.
6.8 Procedure.
A. The following is a description of the arbitration process A. Mail a Notice of Dispute to Segway. Before initiating an
arbitration against Segway Parties and/or Segway Dealers, you must first notify Segway Parties and/or Segway
Dealers of your dispute in good faith. Please include your contact information, your concerns, and the relief you
intend to seek from Segway Parties and/or Segway Dealers, and any information you believe would help resolve the
dispute. Segway Parties and/or Segway Dealers will review your Notice of Dispute to determine whether Segway
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