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Parties and/or Segway Dealers may settle it with you to avoid arbitration. The notice should be sent by certified mail to
Attention: Disputes, Segway Inc P.O. BOX 661805, Arcadia, CA, 91066, USA. Please keep a copy of your notice for your
records.
B. Wait 30 Days. Segway Parties and/or Segway Dealers will review your Notice of Dispute within thirty (30) days of
Segway' s receipt of your Notice of Dispute. If you do not hear from Segway within thirty (30) days of its receipt of your
Notice of Dispute, you may proceed with filing an arbitration claim against Segway Parties and/or Segway Dealers.
Should Segway provide you a written settlement o er, please keep this settlement o er because Segway Parties
and/or Segway Dealers and you will be required to show this settlement o er to the arbitrator. Notwithstanding the
foregoing, such o er, if any, shall not be shown to the arbitrator until after the arbitrator' s determination on the
merits of your claim.
C. Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that includes
a basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii) your description
of the dispute; and (iii) your short statement detailing why you are entitled to relief.
D. Send Segway Parties and/or Segway Dealers Your Demand for Arbitration. You can send Segway Parties and/or
Segway Dealers your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., 405 E Santa
Clara St., Arcadia, CA 91006. Please keep a copy of your notice for your record.
E. Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address that you
are to send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at 1101 Laurel Oak
Road, Suite 100, Voorhees, NJ 08043, subject to amendment and/or update by AAA. You should also include a copy of
this warranty policy and the appropriate filing fee. Segway Parties will reimburse you for this filing fee, If you cannot
afford to pay the filing fee, please contact Segway, and Segway will pay the filing fee for you if your claims seek a
remedy less than $75,000. AAA has an online filing option that you can find on its website: www.adr.org.
F. AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and
notify you and Segway Parties and/or Segway Dealers of the arbitrator' s name and qualification. The AAA requires all
arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties'
attorneys. If the arbitrator has any such relationship, the AAA will inform Segway Parties and you. If either you or
Segway Parties object to the AAA' s choice of arbitrator, we' ll have seven (7) days to inform the AAA.
G. Choose the Hearing You Would Like. Unless you and Segway Parties agree to have any arbitration hearings
somewhere else, the arbitration will take place in the county (or parish) that you purchase the Product. If your claim is
for $10,000 or less, you may choose to have the hearing conducted by telephone or in-person. Alternatively, you may
choose to proceed to conduct the entire arbitration through written correspondence with the arbitrator that doesn' t
include an interactive hearing. Once the AAA has commenced the arbitration, you have ten (10) days to inform the
AAA of your choice of hearing. If you don' t make a choice, the AAA will conduct the arbitration by written
correspondence without an interactive hearing. If your claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Those rules currently provide for an in-person hearing if your claim exceeds $10,000,
but you and Segway Parties may agree whether that hearing is in person or by telephone or whether to instead
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proceed with written correspondence.
H. Arbitrator' s Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from
the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written
correspondence, the arbitrator will render a written decision. That decision will include the essential findings and
conclusions upon which the arbitrator based his or her award. Segway Parties will immediately respond to the
arbitrator notifying the arbitrator whether, and to what extent, Segway Parties will abide by the decision, perform the
obligations it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.
I. The parties agree to keep strictly confidential any conduct, communication, and information disclosed and/or
communicated to the other party under Section 6, including but not limited to the existence of dispute resolution,
mediation (if the parties agree to conduct mediation), settlement, arbitration, arbitral proceedings, submissions made
by the parties and the decisions made by arbitral tribunal, including its awards to the extent not already in the public
domain, except in judicial proceedings related to the award or where required by applicable law.
6.9 Survival. Section 6 shall survive upon termination or expiration of this Agreement and/or limited warranty or in the
event that this Agreement and/or the limited warranty is held as void, avoidable, invalid, or unenforceable, either in
whole or part, by a competent adjudication institution with actual authority and jurisdiction over this matter.
6.10 Federal Arbitration Act. The Federal Arbitration Act governs this arbitration clause. This Agreement evidences a
transaction in interstate commerce, and thus the Federal Arbitration Act governs its interpretation and
enforcement.
7 Statute of Limitation
The parties agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to this
Agreement, the Limited Warranty, the sale, condition, or performance of the Product, any subject matters herein,
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, must be filed with one (1) year after such clam or cause of
action arose or shall be forever barred.
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