Product Information

20 SmartAC.com Hardware Kit - Product Information
this Arbitration Agreement, except that you may assert individual claims in small claims
court, if your claims qualify. Further, this Arbitration Agreement does not preclude you
from bringing issues to the attention of federal, state, or local agencies, and such agencies
can, if the law allows, seek relief against us on your behalf. You agree that, by entering into
this Terms of Service, you and the Company are each waiving the right to a trial by jury or
to participate in a class action. Your rights will be determined by a neutral arbitrator, not
a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of
this Arbitration Agreement.
B. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS
BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY
NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE,
OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
C. Pre-Arbitration Dispute Resolution
The Company is always interested in resolving disputes amicably and efciently, and most
customer concerns can be resolved quickly and to the customer’s satisfaction by emailing
customer support at [e-mail]. If such efforts prove unsuccessful, a party
who intends to seek arbitration must rst send to the other, by certied mail, a written
Notice of Dispute (“Notice”). The Notice to the Company should be sent to SmartAC, Inc
5302 Egbert Street, Houston, TX 77007 (“Notice Address”).
The Notice must
(i) describe the nature and basis of the claim or dispute and
(ii) set forth the specic relief sought. If the Company and you do not resolve the claim
within sixty (60) calendar days after the Notice is received, you or the Company may
commence an arbitration proceeding. During the arbitration, the amount of any settlement
offer made by the Company or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or the Company is entitled.
D. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American
Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary
Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modied by
this Arbitration Agreement. For information on the AAA, please visit its website, https://
www.adr.org. Information about the AAA Rules and fees for consumer disputes can be
found at the AAA’s consumer arbitration page, https://www.adr.org/consumer_arbitration.
If there is any inconsistency between any term of the AAA Rules and any term of this
Arbitration Agreement, the applicable terms of this Arbitration Agreement will control
unless the arbitrator determines that the application of the inconsistent Arbitration
Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must
also follow the provisions of these Terms of Service as a court would. All issues are for the
arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability,
and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually
simpler and more streamlined than trials and other judicial proceedings, the arbitrator
can award the same damages and relief on an individual basis that a court can award to
an individual under the Terms of Service and applicable law. Decisions by the arbitrator
are enforceable in court and may be overturned by a court only for very limited reasons.