User Manual

Intended third Party Beneficiary
verification of your eligibility for the Limited Warranty protection and/or services, you should provide your name,
WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY
PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED UNLESS SUCH
LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS OR
EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE
RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS
AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT
THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU.
SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT
ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5.4 To the extent permitted by applicable law, SEGWAY PARTIES hereby DISCLAIM any liability and thereby shall
not be responsible for any damages, including but not limited to death, bodily injury, or damages to property,
arising out of or related to any conduct (including misconduct), action, inaction, act (including failure to act),
omission or negligence by any authorized or unauthorized dealer, distributor, wholesaler, retailer, service
provider or third party that involves into the distribution of Product or the services thereto. To the extent
permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be the only
warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. SEGWAY
PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or
provided by another person unless Segway Parties have in a written form explicitly authorized such additional
warranty and/or representation to be given to consumer or end-user.
6. Claims, Dispute Resolution and Mandatory Arbitration
THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY PARTIES AND SEGWAY
DEALERS. THE CLAUSES CONTAINED HEREIN MAY AFFECT YOUR RIGHTS, AND IT IS YOUR RESPONSIBILITY TO
READ THE FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT WITHIN 30 CALENDAR DAYS OF THE
FIRST CONSUMER PURCHASE BY EMAILING [e-mail] AND PROVIDING THE APPLICABLE
INFORMATION. FOR MORE DETAILS, PLEASE SEE SECTION 6.3.
6.1 Binding Arbitration
Segway Parties, Segway Dealers, and you agree that any dispute, controversy, or claim arising out of, related 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 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 a jury.
You waive the right to participate in class actions arising from or relating to all claims and disputes with Segway
Parties and/or Segway Dealers. 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 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. If 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 the 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 and Segway Dealer require, and you hereby agree that you shall arbitrate your claims against
Segway Parties and/or Segway Dealers according to the arbitration described above before you exercise your rights
according to the title of the Magnuson-Moss Warranty Act. Title I of the Magnuson-Moss Warranty Act does not
require you to pursue rights and remedies available to you that are not provided by the Title I of 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,