Warranty

Rev 0914
PN: 46.AD148.008
5
YOU FOR EVENTS BEYOND ACER'S CONTROL , SUCH AS ACTS OF GOD, VIRUSES,
PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS,
LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES,
HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, or allow limitations on how long an implied warranty lasts, so the above limitations may
not apply to You. This Agreement gives You specific legal rights and You may have other rights
which vary from state to state, jurisdiction to jurisdiction or province to province.
9. Binding Arbitration. [BINDING ARBITRATION PROVISIONS ARE NOT APPLICABLE
TO QUEBEC CONSUMERS] THIS AGREEMENT PROVIDES THAT ALL DISPUTES
BETWEEN YOU AND ACER WILL BE RESOLVED BY MANDATORY AND BINDING
ARBITRATION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU AND ACER
THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR
RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO
SMALL CLAIMS COURT AS FURTHER SET FORTH BELOW IN THIS SECTION 9).
To the fullest extent provided by law, and except as otherwise provided below, You and Acer
agree that any Dispute (as further defined below in this Section 9) between You and Acer will be
resolved exclusively and finally by binding arbitration administered by the American Arbitration
Association (AAA) and conducted in accordance with the AAA’s Supplementary Procedures for
Consumer-Related Disputes of the Commercial Arbitration Rules and the Consumer Due Process
Protocol. YOUR RIGHTS WILL THEREFORE BE DETERMINED BY A NEUTRAL
ARBITRATOR AND NOT A JUDGE OR JURY. You and Acer will agree on another arbitration
forum, as well as procedures under which the arbitration will be conducted, if AAA ceases
operations.
The arbitration will be conducted before a single arbitrator, and will be limited solely to the
Dispute between You and Acer. Arbitration is a process whereby a dispute is submitted to an
arbitrator, for a final and binding determination, known as the award. The arbitrator is an
individual, similar to a judge, who reviews and weighs evidence provided by both parties, and
renders an award enforceable in court. Arbitrator decisions are as enforceable as any court order
and are subject to VERY LIMITED REVIEW BY A COURT. YOU ACKNOWLEDGE THAT, BY
WAY OF THIS AGREEMENT, YOU AND ACER WAIVE ALL RIGHTS TO A JURY TRIAL.
The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not
be conducted on a class-wide or class-action basis. The arbitration shall be held at any
reasonable location near your residence by submission of documents, by telephone, online or in
person, whichever method of presentation You choose.
Under the AAA Supplementary Procedures for Consumer-Related Dispute and Consumer Due
Process Protocol, You retain the right to seek relief in a small claims court for Disputes within the
scope of the small claims court’s jurisdiction. The small claims action, or any portion of it, will not
be consolidated with any other action and will not be conducted on a class-wide or class-action
basis.