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D
or direction to any party other than the direction to pay a monetary
amount. Judgment on the award rendered by the arbitrator will be
binding and nal, except for any right of appeal provided by the Federal
Arbitration Act, and may be entered in any court having jurisdiction.
Except as may be required by law, neither you nor VIZIO nor an arbitrator
may disclose the existence, content, or results of any arbitration under
this warranty without the prior written consent of you and VIZIO.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE,
WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. VIZIO AND YOU
AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY
GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER
PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED,
OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING
WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH
ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify
VIZIO in writing within sixty (60) days of the date that you purchased the
product; (2) your written notication must be mailed to VIZIO at 39 Tesla,
Irvine, CA 92618, Attn: Legal Department; and (3) your written notication
must include (a) your name, (b) your address, (c) the date you purchased
the product, and (d) a clear statement that you wish to opt out of the
binding arbitration agreement and class action waiver.
In addition, you may pursue a claim in small claims court in your county
of residence (if in the United States) or in Orange County, California.
In such case the provisions of the section titled “Binding Arbitration
Agreement; Class Action Waiver (U.S. Residents)” will not apply.
Exclusions and Limitations
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE
NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE.
ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE
LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE.
SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
VIZIO WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF
INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR
LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF VIZIO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. SOME STATES AND PROVINCES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND
DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING
VIZIO’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO
MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT),
VIZIO MAY, AT ITS SOLE AND EXCLUSIVE OPTION AND IN ITS DISCRETION,
REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE
PRICE. AS NOTED, SOME STATES AND PROVINCES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
How the Law Applies
This warranty gives you specic legal rights, and you may also have other
rights, which vary from state to state and province to province. This
warranty applies to the greatest extent permitted by applicable law.
General
No employee or agent of VIZIO may modify this warranty. If any term
of this warranty, other than the class action waiver, is found to be
unenforceable, that term will be severed from this warranty and all
other terms will remain in eect. If the class action waiver is found to
be unenforceable, then the entire section titled “Binding Arbitration
Agreement; Class Action Waiver (U.S. Residents Only)” will not apply. This
warranty applies to the maximum extent not prohibited by law.
Changes to Warranty
This warranty may change without notice, but any change will not aect
your original warranty. Check www.vizio.com for the most current
version.
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