Use and Care Guide

47
8. Rules of the Arbitration: If the amount in controversy is less than $50,000, the arbitration will be decided by a single
arbitrator to be appointed according to the rules of the arbitration association that is chosen. If the amount in
controversy is greater than or equal to $50,000, the arbitration will be decided by a panel of three arbitrators. The
arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. You may choose either of
the following arbitration organizations, and its applicable rules: the American Arbitration Association, 1633 Broadway,
10th Floor, New York, NY 10019 (www.adr.org), JAMS, 1920 Main Street, Ste. 300, Irvine, CA 92614 (www.jamsadr.com),
or any other organization that you may choose subject to our approval. These organizations’ rules can be obtained by
contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this
Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and
binding on all parties.
9. Location of the Arbitration Hearing: Unless applicable law provides otherwise, the arbitration hearing will be conducted
in the federal judicial district in which you reside.
10. Costs of the Arbitration: Each party is responsible for its own attorney, expert and other fees, unless awarded by the
arbitrator(s) under applicable law. Prizer-Painter will pay your share of the fees charged by the arbitration organization
and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Prizer-Painter for
the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the
discretion of the arbitrator(s).
11. Survival and Enforceability of this Arbitration Clause: This Arbitration Clause shall survive the expiration or
termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-
action rights, is found to be unenforceable for any reason, the remainder shall remain enforceable. If, in a case in which
class-action allegations have been, a waiver of class-action rights is found to be unenforceable with respect to all or some
parts of a dispute, the remainder of this Arbitration Clause shall be unenforceable as those parts. Instead, those parts will
be severed and proceed in court, with the remaining parts proceeding in arbitration.
12. Confidentiality. The arbitrator(s), Prizer-Painter and Owner will maintain confidentiality of the proceedings including
but not limited to all information gathered, prepared and presented for purposes of the arbitration relate to the Dispute.
13. Informal Process to Resolve Disputes. Our goal is to resolve claims fairly and quickly. For any Dispute that You have
against Prizer-Painter, you agree to first contact Prizer-Painter and attempt to resolve the claim informally by sending
written notice of your claim by email to [e-mail]. The notice must include (a) your name, address,
email address and mobile telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific
relief being sought. If You and Prizer-Painter cannot reach an agreement within thirty (30) days after such notice is
received, then either party may submit this Dispute to binding arbitration as set forth above or where applicable to small
claims court.