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9
TERMS OF SALE; ARBITRATION
The terms on which The Cookware
Company (USA), LLC sells GreenLife
Electrics are available online at greenlife-
cookware.com (the “Terms”). The Terms
contain very important information
regarding your rights and obligations,
as well as conditions, limitations, and
exclusions that may apply to you. Please
read them carefully.
In particular, the Terms provide that,
by your purchase of this product, you
and The Cookware Company (USA),
LLC are agreeing to give up any rights
to litigate in a court or before a jury,
or to participate in a class action or
representative action with respect to
a claim. Other rights that you would
have if you went to court may also be
unavailable or limited in arbitration.Any
claim, dispute, or controversy between
you and The Cookware Company (USA),
LLC arising from or relating in any way
to your purchase of products or services
will be resolved exclusively and nally by
binding arbitration.
The arbitration will be administered by
the American Arbitration Association
(“AAA”) in accordance with the Consumer
Arbitration Rules (the “AAA Rules”) then
in effect, except as modied hereby. (The
AAA Rules are available at adr.org or
by calling the AAA at 1-800-778-7879.)
The Federal Arbitration Act will govern
the interpretation and enforcement of
this arbitration and waiver provision.
The Cookware Company (USA), LLC will
be responsible for the AAA ling fee of
any such proceeding. Other than your right
to pursue a claim in small claims court,
as described in the Terms, the arbitrator
will have exclusive authority to resolve
any dispute relating to arbitrability and/or
enforceability of this arbitration provision,
including any unconscionability challenge
or any other challenge that the arbitration
provision or these Terms are void, voidable
or otherwise invalid. The arbitrator will
be empowered to grant whatever relief
would be available in court under law or in
equity. Any award of the arbitrator(s) will
be nal and binding on each of the parties
and may be entered as a judgment in any
court of competent jurisdiction. Attorney
fee shifting in this case is governed by the
Terms. You agree to an arbitration on an
individual basis. In any dispute, NEITHER
YOU NOR THE COOKWARE COMPANY
(USA), LLC WILL BE ENTITLED TO JOIN
OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS IN COURT
OR IN ARBITRATION OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER
OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. 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. The arbitral tribunal has no
power to consider the enforceability of this
class arbitration waiver and any challenge
to the class arbitration waiver may only be
raised in a court of competent jurisdiction.
If any provision of the arbitration agreement
described herein and in the Terms is
found unenforceable, the unenforceable
provision will be severed and the remaining
arbitration terms will be enforced.
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