Not seeing items you’ve added? Sign in
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, REQUIRES YOU TO ARBITRATE DISPUTES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Arbitration is a process in which persons with a dispute waive their rights to file a lawsuit and proceed in court and to have a jury trial to resolve their disputes and, instead, agree to submit their disputes to a neutral third person (an “arbitrator”) for a decision. Each party to the dispute has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute, which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
YOU AND BRITAX AGREE THAT ANY DISPUTE BETWEEN US, WHETHER BASED IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL BE RESOLVED IN BINDING INDIVIDUAL ARBITRATION.
For purposes of this Arbitration Agreement, the word “dispute” and “disputes” are given the broadest possible meaning and include, without limitation, all claims, disputes, and/or controversies arising out of or relating in any way to the relationship between you and Britax (including disputes related to the marketing or sale of Britax products), any provisions in this User Guide or this Arbitration Agreement (including the interpretation and scope of this Arbitration Agreement and the arbitrability of any dispute), and/or your purchase or use of any products designed, manufactured, distributed, marketed, or sold by Britax. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this Arbitration Agreement. Notwithstanding the foregoing, you and Britax each agree that you and Britax shall retain the rights to bring an individual suit in small claims court for disputes within the scope of such court’s jurisdiction and/or to bring an individual suit in court to enjoin infringement or other misuse of intellectual property rights. In no way shall the foregoing sentence allow for an action to be brought on a class or collective basis.
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 optout 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 WORDS, YOU AND BRITAX EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE FASHION. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION CONDUCTED PURSUANT TO THIS ARBITRATION AGREEMENT.
If the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable for any reason, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed to be invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Agreement. If for any reason a dispute proceeds in court rather than in arbitration, you and Britax each waive any right to a jury trial.