Envion HH200 - Manual (Page 6)

7
ONE YEAR LIMITEd WARRANTY
Your HumidiHeat ™ unit is warranted to be free from defects in materials and
workmanship for one year from the original purchase date. Should the product
have a defect in materials or workmanship, we will repair or replace it without
charge to you (a shipping and processing fee will apply). To obtain
service under warranty, simply call our customer service center toll-free at
1-800-875-8577.
This warranty does not cover damage caused by accident, misuse or any use
other than as intended and described in this product manual, or damage result-
ing from failure to maintain and clean this product as specified in this product
manual. This warranty applies only to the original purchaser of the HumidiHeat
™
unit.
ALL EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD, AND NO
WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD.
Some states do not allow limitations on the duration of implied warranties,
so the above limitation may not apply to you. While this warranty gives you
specific legal rights, you may also have other rights which may vary from state
to state.
Contact Info for Warranty Service :
humidiheat ™ by Envion ™
pO Box 9159
Van Nuys, CA 91409-8291
1.800.875.8577
[email protected]
www.envionproducts.com
© 2012 Envion , LLC. All Rights Reserved.
U.S. patent No. d574,475, EU patent No. 996285-001, hong Kong patent No. 801939.0,
Japan patent No. 1358544. Additional patents pending.
8
BY
ArBITrATION AgrEEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY
RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE “PRODUCTS”)
FOR MORE THAN THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN THIRTY (30) DAYS OF
RECEIPT FOR A FULL REFUND.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES
BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR
SELLER OF THIS PRODUCT (COLLECTIVELY, “COMPANY”), MUST BE RESOLVED THROUGH BINDING
ARBITRATION AND NOT IN COURT. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED
IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER PERSONS OR
OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE ARBITRATIONS
ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS IN THIS AGREEMENT.
1. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising out of
or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This
arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether
the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute,
or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right
to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an
arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement
specifically prohibits you and the Company from commencing arbitration proceedings as a representative of
others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or
representative actions of any type are permitted.
3. ARBITRATION PROCEDURES.
a . Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to
try to resolve the matter by calling 800-218-3560, although you are not required to do so.
b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the expe-
dited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist
on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and procedures
are available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or
dispute under this Agreement shall be conducted by an arbitrator who has at least five years of experience
conducting arbitrations.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or
the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the
arbitration proceeds in person, by telephone, or based only on submissions.
d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and
all professional fees for the arbitrator’s services. The Company shall pay the fees and costs of its own counsel,
experts and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitra-
tion. Unless otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of
your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this Agree-
ment shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties acknowl-
edge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this Agreement
and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the
State of California, exclusive of conflict or choice of law rules.
5. SEVERABILITY.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will
be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the
provision and all other provisions shall remain fully enforceable.