User's Manual

Appendix 51
Our notice to You will be sent electronically to the email address You use and will include (a) our name,
postal address, telephone number, and an email address at which we can be contacted with respect to
the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific
relief that we are seeking. If You and bHaptics cannot agree how to resolve the Dispute within thirty
(30) days after the date notice is received by the applicable party, then either You or bHaptics may, as
appropriate and in accordance with this Limited Warranty, commence an arbitration proceeding or, to the
extent specifically provided for above, file a claim in small claims court.
• Authority of Arbitrator.
As limited by the Federal Arbitration Act, this agreement and the applicable AAA rules, the arbitrator
will have the authority to grant any remedy that would otherwise be available in court, provided that the
arbitrator’s award may not exceed, in form or amount, the relief that a United States District Court could
order under the Limited Warranted; provided, however, that the arbitrator does not have the authority to
conduct a class arbitration or a representative action, which is prohibited by this Limited Warranty.
• Rules of AAA.
The rules of AAA and additional information about AAA are available online at www.adr.org or by calling
the AAA at 1-800-778-7879. By not opting out of this agreement to arbitrate as specified below, You
either (a) acknowledge and agree that You have read and understand the AAA Rules, or (b) waive Your
opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any
reason.
• Applicability of Agreement to Arbitrate.
IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE
UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THE CLASS CLAIM.
• RIGHT TO OPT OUT.
You may opt out of this agreement by providing notice to bHaptics no later than 30 calendar days from
the date of the first consumer purchaser’s purchase of the Product. To opt out, you must send notice by
e-mail to [e-mail], with the subject line: “Arbitration Opt Out.” You must include in the opt-
out email (a) your name and address; (b) the date on which the Product was purchased; (c) the Product
model name or model number; and (d) Serial Number (please visit www.bhaptics.com/support/faqs to see
how to find a serial number).
No other form of notice will be effective to opt out of this agreement to arbitrate. Opting out of this
Agreement will not affect in anyway the benefits to which you would otherwise be entitled, including the
benefits of the Limited Warranty.
Limited Customer Warranty