User Manual

Rev.0413

PN: 46.AD159.003

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.

If You prevail in the arbitration of any Dispute with Acer, Acer will reimburse You for any fees You

paid to AAA in connection with the arbitration. ANY DECISION RENDERED IN SUCH

ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND

JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT

JURISDICTION.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE

HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT, IF

ANY, AND SUBJECT TO THE RULES OF YOUR JURISDICTION, TO LITIGATE CLAIMS ON

A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND

KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES IN

ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. If this specific provision is found

to be unenforceable, then the entirety of this arbitration provision shall be null and void.