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48
D
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 MERCHANT-
ABILITY 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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