User's Manual
10 US
A. Applicable Law. The Customer and the Company agree that, except to
the extent inconsistent with or preempted by federal law, the laws of the
State of Illinois, without regard to principles of conict of laws, will govern
the limited warranty and Products and any claim or dispute that has arisen
or may arise between the Company and the Customer, except as otherwise
stated herein. The Federal Arbitration Act governs the interpretation and
enforcement of this Section 5. The U.N. Convention on Contracts for the
International Sales of Goods shall not apply.
B. Agreement to Arbitrate. The Company and the Customer each agree
that any and all disputes or claims that have arisen or may arise between
them relating to or arising out of this limited warranty or the Products
shall be resolved exclusively through nal and binding arbitration, rather
than in a court proceeding. Alternatively, the Customer may assert his/her
claims in small claims court, if the claims qualify and so long as the matter
remains in such court and advances only on an individual (non-class, non-
representative) basis.
The Company and the Customer agree that each of them may bring claims
against the other only on an individual basis and not as a plainti or class
member in any purported class or representative action or proceeding.
Unless both the Company and the Customer agree, the arbitration may not
consolidate or join more than one person’s claims and many not otherwise
preside over any form of a consolidated, representative, or class proceeding.
C. Opt-Out. The Customer may opt-out of this agreement to arbitrate
by sending the Company a written opt-out notice, via certied mail and
postmarked no later than 30 days after the date of purchase of the Product.
The opt-out notice must include the Customer’s name and address, the serial
number of the Product purchased, and the date and location of the purchase.
All other parts of this limited warranty will still apply.
D. Procedures. The arbitration shall be administered by JAMS pursuant to
its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’
Streamlined Arbitration Rules and Procedures, whichever as applicable. JAMS’
rules are available at www.jamsadr.com. The use of the word “arbitrator” in
this provision shall not be construed to prohibit more than one arbitrator
from presiding over the arbitration; rather, the JAMS’ rules will govern the
number of arbitrators that may preside over an arbitration. The Customer will
have a reasonable opportunity to participate in the selection of the arbitrator.
A Customer who intends to seek arbitration must rst make a written
claim against the Company pursuant to Section 4. If the Customer and the
Company are unable to resolve the claim within thirty (30) days from the
date of the notice, the Company or the Customer may initiate arbitration
proceedings. A form for initiating arbitration proceedings is available on
JAMS’ website. In addition to ling the form with JAMS, the party initiating
the arbitration must mail a copy of the completed form to the other party. In
the event the Company initiates arbitration against a Customer, it will send
a copy of the completed form to the physical address the Company has on
le for the Customer.
The arbitration hearing shall be held in the county in which the Customer
resides or at another mutually agreed location. Arbitration uses a neutral
arbitrator instead of a judge or jury. Discovery or the exchange of non-
privileged information will be allowed pursuant to JAMS’ rules. The arbitrator
will decide the substance of all claims in accordance with applicable law,
including recognized principles of equity, and will honor all claims of privilege
recognized by law. An arbitrator can award the same damages and relief on
an individual basis that a court can award to an individual. The arbitrator’s
award shall be nal and binding and judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. An
award will consist of a written statement stating the disposition of each claim,
and will include a concise written statement of the essential ndings and
conclusions on which the award is based.
Payment of all ling, administration and arbitrator fees is governed by
JAMS; provided, however, that when a Customer initiates arbitration against
the Company, the fee required to be paid by the Customer is that amount
designated by JAMS for consumer arbitrations. All other costs will be paid by
the Company.
If an arbitrator or court decides that any part of this limited warranty is invalid
or unenforceable, the other parts of the limited warranty shall still apply to
the extent applicable. In the event that this agreement to arbitrate is wholly
inapplicable, the Customers agree that any claim or dispute that has arisen
or may arise between the Customer and the Company must be resolved
exclusively by a state or federal court located in Cook County, Illinois. The
Customer agrees to submit to the personal jurisdiction of the courts located
within Cook County, Illinois, for the purpose of litigating all such claims or
disputes.
The manufacturer is not responsible for any radio or tv interference caused
by unauthorized modications to this equipment. Such modications could
void the user’s authority to operate the equipment.
Legal Notices
All information, including, but not limited to, information regarding the
features, functionality, and/or other product specication are subject to
change without notice. Fibaro reserves all rights to revise or update its
products, software, or documentation without any obligation to notify any
individual or entity.
Fibaro and Fibar Group logo are trademarks of Fibar Group S.A. All other
brands and product names referred to herein are trademarks of their
respective holders.
Disclaimer
The information contained herein is provided in connection with Fibaro
products. No license, expressed or implied by estoppel or otherwise, to any
intellectual property rights is granted by this documents.
This documentation may contain references to third-party sources of
information, hardware or software, products or services (“collectively the
“Third-Party Products or Services”). Fibaro does not control the Third-Party
Products or Services and is not responsible for any Third-Party Products or
Services.
Except as provided above or except to the extent prohibited by applicable
law, Fibaro shall not be liable for any incidental or consequential damages
caused by the breach of any express or implied warranty. Fibaro assumes
no liability whatsoever, and Fibaro disclaims any express or implied warranty,
relating to the sale and/or use of the Fibaro products, including, but to limited
to, liabilities and/or warranties relating to tness for a particular purpose,
merchantability, and/or infringement of any patent, copyright and/or other
intellectual property right.
Except to the extent prohibited by applicable law, Fibaro’s liability shall not
exceed the price paid for the Fibaro products from direct, indirect, special,
incidental or consequential damages resulting from the sue of the products,
its accompanying software, or product specications, manuals, installation
guides and/or any other documentation.
Some states, provinces or jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages or other limitations on warranties, so
the above limitations or exclusion may not apply to you. You may also have
other rights that vary from state to state or province to province.