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arbitration agreement
THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES
BETWEEN YOU AND THE SELLER OF THIS PRODUCT MUST BE RESOLVED THROUGH BINDING ARBITRATION,
RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU WILL ACCEPT THE TERMS OF
THIS AGREEMENT BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE
“PRODUCT”) FOR MORE THAN FOURTEEN (14) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, YOU MAY RETURN THE PRODUCT WITHIN FOURTEEN (14) DAYS OF RECEIPT AT NO COST
TO YOU.
1. RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and the seller of this product
subsidiaries or affiliates) (“collectivelly, the seller of this product”) arising out of or relating in any way to the
Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies
regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence,
violation of a statute, or any other legal theory. Both you and the seller of this product specifically acknowledge
and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit
resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES. All arbitrations under this Agreement shall be conducted on an
individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You
acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings
as a representative of others or joining in any arbitration proceedings brought by any other person.
3. ARBITRATION PROCEDURES.
a. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or
dispute to the seller of this product by calling 818.217.2500 and asking for the Legal Department and allowing
the seller of this product the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved
within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of
this Agreement.
b. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American
Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary
Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by
visiting its web site at www.adr.org.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California
or the location in which you received this Agreement.
d. All administrative expenses of arbitration proceedings commenced under this Agreement shall be divided
equally between you and the seller of this product, except that: (a) if the claim or dispute that is the subject
of the arbitration proceedings is less than ten thousand dollars (US$10,000), you will be responsible for no
more than one hundred twenty-five dollars (US$125) in administrative expenses; (b) if the claim or dispute
that is the subject of the arbitration proceedings is more than ten thousand dollars (US$10,000) but less than
seventy-five thousand dollars (US$75,000), you will be responsible for no more than three hundred seventy-
five dollars (US$375) in administrative expenses; and (c) if the claim or dispute that is the subject of the
arbitration proceedings is more than seventy-five thousand dollars (US$75,000), then you will be responsible
for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA. You
acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
4. CHOICE OF LAW. This Agreement shall be governed by the United States Federal Arbitration Act and the laws
of the state of California.
5. SEVERABILITY. If any provision of this Agreement is declared or found to be unlawful, unenforceable or void,
such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the
remainder of the provision and all other provisions shall remain fully enforceable.
one-year limited warranty
ONE YEAR LIMITED WARRANTY
Your Therapure
®
300D air purifier is warranted to be free from defects in materials and
workmanship for one year from the original purchase date, excluding the lamp. Should the
product have a defect in materials or workmanship, we will repair or replace it without charge to
you (a shipping and processing fee may apply). To obtain service under warranty, simply call our
customer service center toll-free at 800-554-6168.
This warranty does not cover damage caused by accident, misuse or any use other than as
intended and described in this product manual, or damage resulting from failure to maintain and
clean this product as specified in this product manual. This warranty applies only to the original
purchaser of the Therapure
®
300D air purifier.
CONTACT INFO FOR WARRANTY SERVICE:
Therapure
P.O. Box 4135
|
Hollywood, CA
|
90028
800.554.6168
|
www.therapureair.com
© 2006-2008 Therapure, LLC. All Rights Reserved.