User Manual

A. Mail a Notice of Dispute to Segway. Before initiating an arbitration against Segway Parties and/or Segway
Dealers, you must first notify Segway Parties and/or Segway Dealers of your dispute in good faith. Please include
your contact information, your concerns, and the relief you intend to seek from Segway Parties and/or Segway
Dealers, and any information you believe would help resolve the dispute. Segway Parties and/or Segway Dealers
will review your Notice of Dispute to determine whether Segway Parties and/or Segway Dealers may settle it with
you to avoid arbitration. The notice should be sent by certified mail to Attention: Disputes, Segway Inc., 14
Technology Drive, Bedford, NH 03110. Please keep a copy of your notice for your records.
B. Wait 30 Days. Segway Parties and/or Segway Dealers will review your Notice of Dispute within thirty (30) days of
Segway’s receipt of your Notice of Dispute. If you do not hear from Segway within thirty (30) days of its receipt of your
Notice of Dispute, you may proceed with filing an arbitration claim against Segway Parties and/or Segway Dealers.
Should Segway provide you a written settlement offer, please keep this settlement offer because Segway Parties
and/or Segway Dealers and you will be required to show this settlement offer to the arbitrator. Notwithstanding the
foregoing, such offer, if any, shall not be shown to the arbitrator until after the arbitrator’s determination on the merits
of your claim.
C. Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that includes a
basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii) your description of
the dispute; and (iii) your short statement detailing why you are entitled to relief.
D. Send Segway Parties and/or Segway Dealers Your Demand for Arbitration. You can send Segway Parties and/or
Segway Dealers your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., 14 Technology
Drive, Bedford, NH 03110. Please keep a copy of your notice for your record.
E. Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address that you are
to send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at 1101 Laurel Oak
Road, Suite 100, Voorhees, NJ 08043, subject to amendment and/or update by AAA. You should also include a copy of
this warranty policy and the appropriate filing fee. Segway Parties will reimburse you for this filing fee. If you cannot
afford to pay the filing fee, please contact Segway, and Segway will pay the filing fee for you if your claims seek a
remedy less than $75,000. AAA has an online filing option that you can find on its website: www.adr.org.
F. AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and
notify you and Segway Parties and/or Segway Dealers of the arbitrator’s name and qualification. The AAA requires all
arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties’
attorneys. If the arbitrator has any such relationship, the AAA will inform Segway Parties and you. If either you or
Segway Parties object to the AAA’s choice of arbitrator, we’ll have seven (7) days to inform the AAA.
Intended third Party Beneficiary
verification of your eligibility for the Limited Warranty protection and/or services, you should provide your name,
and arbitrator fees, or $50.00 of such fees, whichever is less, and Segway Parties shall pay the remainder of such
fees. In a Small Claim case, Segway Parties shall not recover any attorney fees provided that your claim is
non-frivolous. Administrative, facility, and arbitrator fees for arbitrations in which your total claimed damages,
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. The arbitrator shall be entitled to award
declaratory or injunctive relief upon request by any party.
6.3 Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY PARTIES
NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST CONSUMER PURCHASER’S
PURCHASE OF THE PRODUCT. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO SEGWAY AT
OPTOUT@SEGWAY.COM, WITH THE SUBJECT LINE: “ARBITRATION OPT-OUT.” THE OPT-OUT NOTICE BY E-MAIL
MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE ON
WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; AND (D) THE
SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT-OUT LETTER TO
SEGWAY AT SEGWAY INC., 14 TECHNOLOGY DRIVE, BEDFORD, NH 03110 VIA CERTIFIED MAIL WITHIN THIRTY
(30) CALENDAR DAYS FROM THE DATE OF THE FIRST END USER’S PURCHASE OF THE PRODUCT FROM SEGWAY
DEALER. THE OPT-OUT LETTER SHALL CONTAIN THE FOLLOWING INFORMATION: (A) YOUR NAME, EMAIL
ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS
PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; (D) THE SERIAL NUMBER; AND (E) AN
STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS TO OPT-OUT THE DISPUTE RESOLUTION
PROCEDURE AS PROVIDED BY THIS LIMITED WARRANTY, THESE ARE THE ONLY TWO EFFECTIVE WAYS TO
OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE. ELECTION TO OPT-OUT THIS DISPUTE RESOLUTION
PROCEDURE WILL NOT AFFECT THE COVERAGE OF THE LIMITED WARRANTY IN ANY WAY, AND YOU WILL
CONTINUE TO ENJOY THE BENEFITS OF THE LIMITED WARRANTY.
6.4 Federal Arbitration Act
The Federal Arbitration Act governs this arbitration clause. This Agreement evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.
6.5 Procedure
The following is a description of the arbitration process.