CONSUMER RIGHTS & ARBITRATION AGREEMENT & CLASS ACTION WAIVER
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS A CONSUMER BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE SELLER OF THIS PRODUCT (“INVENTEL PRODUCTS, LLC”), MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY AS YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT(S) PURCHASED IN CONNECTION WITH THIS AGREEMENT (“PRODUCT”) FOR MORE THAN FOURTEEN (14) DAYS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU PURCHASED THE PRODUCT DIRECT FROM INVENTEL PRODUCTS, LLC (VIA WEB OR TELEPHONE), CALL 888-596-2538 MONDAY-FRIDAY 8:30 AM – 5:30 PM EST OR CustomerService@InvenTel.tv TO COORDINATE RETURN OF THE PRODUCT TO INVENTEL PRODUCTS, LLC WITHIN FOURTEEN (14) DAYS OF RECEIPT AT NO COST TO YOU. IF YOU PURCHASED THE PRODUCT ELSEWHERE, YOU MAY RETURN THE PROTECT TO PLACE OF PURCHASE WITHIN FOURTEEN (14) DAYS OF RECEIPT AT NO COST TO YOU.
- RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and InvenTel Products, LLC (or any of InvenTel’s subsidiaries or affiliates) 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 statue, or any other legal theory. Both you and InvenTel Products, LLC 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.
- LIMITATION OF LEGAL REMEDIES. All arbitration under this Agreement shall be conducted only 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.
- ARBITRATION PROCEDURES.
a. Before commending any arbitration proceedings under this Agreement, you must first present the claim or dispute to InvenTel Products, LLC by calling 888-596-2538 Monday-Friday 8:30 AM – 5:30 PM EST, providing requested contact information and allowing Inventel the opportunity to resolve the claim or dispute. If you 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 pursuant to the American Arbitration Association (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. The rules and procedures are available by calling the AAA or visiting its website at www.adr.org.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of New Jersey or the location in which you received this Agreement.
d. All administrative expenses of arbitration proceedings under this Agreement shall be divided equally between you and InvenTel Products, LLC, except that: (a) if the claim or dispute subject to the arbitration proceedings is less that ten thousand dollars ($10,000), you will be responsible for no more than one hundred twenty-five dollars ($125) in administrative expenses; (b) if the claim or dispute subject to the arbitration proceedings is more than ten thousand dollars ($10,000), but less than seventy-five thousand dollars ($75,000), you will be responsible for no more than three-hundred seventy five dollars ($375) in administrative expenses; and (c) if the claim or dispute subject to the arbitration proceedings is more that seventy-five thousand dollars ($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.
- 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.
- CHOICE OF LAW. This Agreement shall be governed by the Unites States Federal Arbitration Act and the laws of the state of New Jersey.