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40
D
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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