User's Guide

your principal place of business) or in King County, Washington

Manufacturer agrees to commence arbitration only in your county of

residence (or if a business your principal place of business) You may

request a telephonic or in-person hearing by following the AAA rules In

a dispute involving $10,000 or less, any hearing will be telephonic unless

the arbitrator finds good cause to hold an in-person hearing instead The

arbitrator may award the same damages to you individually as a court

could The arbitrator may award declaratory or injunctive relief only to

you individually, and only to the extent required to satisfy your individual

claim

6 Arbitration Fees and Payments

(a) Disputes Involving $75,000 or Less Manufacturer will promptly

reimburse your filing fees and pay the AAA’s and arbitrator’s fees and

expenses If you reject Manufacturer’s last written settlement offer made

before the arbitrator was appointed (“Manufacturer’s last written offer”),

your dispute goes all the way to an arbitrator’s decision (called an

“award”), and the arbitrator awards you more than Manufacturer’s last

written offer, Manufacturer will: (i) pay the greater of the award or $1,000;

(ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse

any expenses (including expert witness fees and costs) that your attorney

reasonably accrues for investigating, preparing, and pursuing your claim

in arbitration The arbitrator will determine the amount of fees, costs,

and expenses unless you and Manufacturer agree on them

(b) Disputes Involving More Than $75,000 The AAA rules will govern

payment of filing fees and the AAA’s and arbitrator’s fees and expenses

Manufacturer will seek its AAA or arbitrator’s fees and expenses, or your

filing fees it reimbursed, only if the arbitrator finds the arbitration

frivolous or brought for an improper purpose In any arbitration

Manufacturer commences, Manufacturer will pay all filing, AAA, and

arbitrator’s fees and expenses Manufacturer will not seek its attorney’s

fees or expenses from you in any arbitration Fees and expenses are not

counted in determining how much a dispute involves

7 Conflict with AAA Rules This warranty governs to the extent it conflicts

with AAA’s Commercial Arbitration Rules and Supplementary

Procedures for Consumer-Related Disputes

8 Claims or Disputes Must Be Filed Within One Year To the extent

permitted by law, any claim or dispute to which Section 6 applies must

be filed within one year in small claims court, an arbitration proceeding,

or in court, if Section 6 permits the dispute to be filed in court instead of

arbitration The one-year period begins when the claim or Notice of

Dispute first could be filed If such a claim or dispute is not filed within

one year, it is permanently barred

9 S ev er abi lit y If th e c lass acti on wai ve r i n Se ctio n 6 4 is foun d t o be il le ga l

or unenforceable as to all or some parts of a dispute, then Section 6 will

not apply to those parts Instead, those parts will be severed and proceed

in a court of law, with the remaining parts proceeding in arbitration If

any other provision of Section 6 is found to be illegal or unenforceable,