Warranty Manual

EVEN IF HOOK & ALBERT HAS BEEN ADVISED OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. HOOK & ALBERT’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE
PRICE PAID FOR THE BAG GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
G. Arbitration
G1. In the event a dispute arises between you and Hook & Albert arising out of this
Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by
binding, individual arbitration and not in a class, representative or consolidated
action or proceeding. You and Hook & Albert agree that the U.S. Federal Arbitration
Act governs the interpretation and enforcement of this Limited Warranty, and that you
and Hook & Albert are each waiving the right to a trial by jury or to participate in a class
action.
G2. As limited exceptions to Section G1 above: (i) you may seek to resolve a Dispute in
small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or
other equitable relief from a court to prevent (or enjoin) the infringement or
misappropriation of our intellectual property rights.
G3. The arbitration will be conducted by the American Arbitration Association (“AAA”)
under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as
modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by
calling 1-800-778-7879. A party who wishes to start arbitration must submit a written
Demand for Arbitration to AAA and give notice to the other party as specified in the
AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, through a
telephonic or video-conference hearing, or by an in-person hearing as established by
the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be
determined by the AAA Rules. Any arbitration hearings will take place in the county (or
parish) where you live, unless we both agree to a different location. The parties agree
that the arbitrator shall have exclusive authority to decide all issues relating to the
interpretation, applicability, enforceability and scope of this arbitration agreement.
G4. Payment of all filing, administration and arbitrator fees will be governed by the AAA