THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS
AFFILIATES, THE PRODUCT’S MANUFACTURER, DISTRIBUTORS, SELLERS, AND DESIGNERS AND
INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY
NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED
COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS,
EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS AND
REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY
PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS
YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE
PRODUCT.
6.1 Binding Arbitration.
Segway Parties and you agree that any dispute, controversy, or claim arising out of, relating to or in
connection with this agreement, the limited warranty, the sale, condition, or performance of the product,
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, shall be submitted to
binding arbitration upon the request of either party upon the service of that request on the other party.
This arbitration clause shall apply all the persons in privity with you, including your family members,
beneficiaries, and assigns.
The arbitration shall be conducted by the American Arbitration Association (AAA) according to its
Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes
(collectively “AAA Rules”). The AAA Rules are available online at adr.org, or by calling the AAA at
1-800-778-7879. The arbitration shall be conducted before a single arbitrator, whose award may not
exceed, in form or amount, the relief allowed by the “Liability Disclaimer and Limitation” clause herein
subject to the applicable law. The arbitration tribunal shall have the power to rule on any challenge to its
jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Any decision
of the arbitrator shall be final and may be entered into any judgment in any court of competent
jurisdiction. You waive the right to have your claim heard in a court of law and by jury.
You waive the right to participate in class actions arising from or relating to all claims and disputes
with Segway Parties. You agree to arbitrate solely on an individual basis, and that this agreement
does not permit class arbitration or any claims brought as a plaintiff or class member in any class or
6. Claims and Dispute Resolution representative arbitration proceeding. The arbitral tribunal may not consolidate more than one
person's claims, and may not otherwise preside over any form of a representative or class
proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then
the remaining portions of the arbitration agreement will remain in force.
Section 6 “Claims and Dispute Resolution” clause shall survive upon termination or expiration of this
agreement and/or limited warranty or in an 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.
Segway Parties require and you hereby agree that you shall arbitrate your claims against Segway Parties
according to the arbitration described above before you exercise your rights according to the title of the
Magnuson-Moss Warranty Act. Title Iof the Magnuson-Moss Warranty Act does not require you to
pursue rights and remedies available to you that are not provided by Title I of the Magnuson-Moss
Warranty Act.
6.2 Small Claim
For any arbitration in which your total claims, exclusive of attorney fees and expert witness fees, is
$5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney
fees, expert witness fees, and costs as part of any award on the condition of the arbitrator’s actual and
affirmative finding that the claim is non-frivolous. In a Small Claim case, you are required to pay no more
than half of the total administrative, facility, and arbitrator fees, or $50.00 of such fees, whichever is
less, and Segway Parties shall pay the remainder of such fees. In a Small Claim case, Segway Parties
shall not recover any attorney fees provided that your claim is non-frivolous. Administrative, facility, and
arbitrator fees for arbitrations in which your total claimed damages, exclusive of attorney fees and expert
witness fees, exceed $5,000.00 (“Large Claim”), shall be determined according to AAA Rules. In a Large
Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable
attorney fees, expert witness fees, and costs. The arbitrator shall be entitled to award declaratory or
injunctive relief upon request by any party.
6.3 Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO
SEGWAY AND OTHER SEGWAY PARTIES NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER
THE DATE OF THE FIRST CONSUMER PURCHASER’S PURCHASE OF THE PRODUCT. TO OPT-OUT
LINE: “ARBITRATION OPT-OUT.” THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME,
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