Arbitration
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND JPAMARO LLC TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR RESOLVING DISPUTES” BELOW.
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND JPAmaro LLC ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT/SERVICE/SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND JPAmaro LLC ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to “JPAmaro LLC” mean, its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the PRODUCT/SERVICE or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify JPAMARO LLC in writing at least 30 days in advance of initiating the arbitration by sending a letter to JPAMARO LLC at JPAMARO LLC Attn: Legal Department- Arbitration 1512 S Mariposa Rd., Stockton, CA 95205. You and JPAMARO LLC agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the JPAmaro LLC that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and JPAMARO LLC are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day period after sending written notice to JPAMARO LLC, you and JPAMARO LLC agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt out as provided below. Any dispute between you and JPAMARO LLC shall not be combined or consolidated with a dispute involving any other person’s or entity’s JPAmaro LLC or claim. More specifically, without limitation of the foregoing, any dispute between you and JPAMARO LLC shall not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or JPAMARO LLC must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to JPAMARO LLC at JPAMARO LLC Attn: Legal Department- Arbitration 1512 S Mariposa Rd., Stockton, CA 95205. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Governing Law. The law of the state of your residence shall govern this Limited Warranty and any disputes between us except to the extent that such law is preempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of your written demand for arbitration, JPAMARO LLC will promptly pay all arbitration filing fees to the AAA unless you seek more than $25,000 in damages, in which case the payment of these fees will be governed by the AAA Rules. Except as otherwise provided for herein, JPAMARO LLC will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the AAA Rules and this arbitration provision. If you prevail in the arbitration, JPAMARO LLC will pay your attorneys’ fees and expenses as long as they are reasonable, by considering factors including, but not limited to, the purchase amount and claim amount. Notwithstanding the foregoing, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would. If the arbitrator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the AAA Rules. In such a situation, you agree to reimburse JPAMARO LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Except as otherwise provided for, JPAMARO LLC reserves any rights it may have to seek attorneys’ fees and expenses from you if JPAMARO LLC prevails in the arbitration.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.
Opt Out. You may only opt out of this dispute resolution procedure prior to using the PRODUCT/SERVICES of JPAmaro LLC. If you opt out, neither you nor JPAMARO LLC can require the other to participate in an arbitration proceeding. To opt out, you must return the PRODUCT or not attempt to use its SERVICE (with a prior obtained RMA number and send notice to JPAMARO LLC no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the PRODUCT/SERVICE by either: (i) sending an e-mail to admin@tywinlabs.com, with the subject line: “Arbitration Opt Out and PRODUCT/SERVICE Returned” or (ii) calling 1-916-715-1099. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the PRODUCT/SERVICE was purchased; (c) the PRODUCT/SERVICE model name or model number; and (d) the SKU number (the SKU number can be found (i) on the PRODUCT/SERVICE or it’s packaging; or (ii) online by accessing https: www.JPAmaro.com.
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. If you keep this PRODUCT/SERVICE and do not opt out, then you accept all terms and conditions of the arbitration provision described above.
