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English - 17
BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH
ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY
PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn
more about the American Arbitration Association and its rules for
arbitration by visiting www.adr.org or by calling 800-778-7879. Since
this warranty concerns a transaction in interstate or international
commerce, the Federal Arbitration Act will apply.
The ling fees to begin and carry out arbitration will be shared between
you and VIZIO, but in no event will your fees ever exceed the amount
allowable by the American Arbitration Association, at which point VIZIO
will cover all additional administrative fees and expenses. VIZIO waives
its right to recover attorneys’ fees in connection with any arbitration
under this warranty. If you are the prevailing party in an arbitration to
which the Supplementary Procedures for Consumer-Related Disputes
applies, then you are entitled to recover attorneys’ fees as the arbitrator
may determine.
The dispute will be governed by the laws of the state or territory in
which you resided at the time of your purchase (if in the United States).
The place of arbitration will be Irvine, California, or your county of
residence (if in the United States). The arbitrator will have no authority
to award punitive or other damages not measured by the prevailing
party’s actual damages, except as may be required by statute. The
arbitrator will not award consequential damages, and any award will
be limited to monetary damages and will include no equitable relief,
injunction, 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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