User's Guide

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for damages in excess of the purchase price of the product or for, without limitation,
commercial loss of any sort; loss of use, time, data, reputation, opportunity, goodwill,
prots or savings; inconvenience; or incidental, special, consequential or punitive
damages.
Matapo’s authorized distributors bear no responsibility or liability associated
with the use or misuse of the device.
8.3 Dispute resolution - U.S. and its territories only
This document herein constitutes a binding legal agreement (“agreement”) between
you (either an individual or an entity) and Matapo. Opening the product packaging,
use of the product or retention of the product constitutes acceptance of this agree
ment, regardless of whether you are the original purchaser, user, or other recipient
of the product.
You and Matapo each agree that all disputes arising in any way from this limited
warranty, or the sale condition, or performance of the product shall be resolved
exclusively through nal and binding arbitration, and not by a court or a jury. Any
such dispute shall not be combined or consolidated with a dispute involving any
other person’s or entity’s product or claim, and specically, without limitation of
the foregoing, shall not under any circumstances proceed as part of a class action.
The arbitration shall be conducted before a single arbitrator, whose award may not
exceed, in form or amount, the relief allowed by the applicable law.
The arbitration shall be conducted according to the American Arbitration Asso
ciation (AAA) Commercial Arbitration Rules applicable to consumer disputes. The
AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879.
This arbitration provision is entered pursuant to the Federal Arbitration Act. The
laws of the State of New York, without reference to its choice of laws principles, shall
govern the interpretation of the Limited Warranty and all disputes that are subject
to this arbitration provision. The arbitrator shall decide all issues of interpretation
and application of this arbitration provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive of attorney
fees and expert witness fees, are $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, but may not grant Matapo its attorney fees, expert
witness fees or costs unless it is determined that the claim was brought in bad
faith. In a Small Claim case, you shall be 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 Matapo shall pay the remainder of such fees. Administrative, facility
and arbitrator fees for arbitrations in which your total damage claims, 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 to the extent allowed by the applicable law. Judgment
may be entered on the arbitrator’s award in any court of competent jurisdiction.
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