Notice; Informal Dispute Resolution. You and bHaptics agree that each party will notify the
other party in writing of any arbitrable or small claims Dispute not less than thirty (30) days of the
date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice
to bHaptics shall be sent to bHaptics Inc., Bldg 3 Unit 503, 70, Yuseong-daero 1689beon-gil,
Yuseong-gu, Daejeon, Republic of Korea (34047). Your notice must include (a) Your name, postal
address, telephone number, the email address You use, (b) a description in reasonable detail of the
nature or basis of the Dispute, and (c) the specific relief that You are seeking. 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.
Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in
small claims court, You and bHaptics agree (a) to waive Your and bHaptics’ respective rights to
have any and all disputes or claims arising from or related to this Limited Warranty or the sale,
condition, use, or performance of the Product (collectively, “Disputes”) resolved in a court, and (b)
to waive Your and bHaptics’ respective rights to a jury trial. Instead, You and bHaptics agree to
arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more
persons charged with reviewing the Dispute and making a final and binding determination to
resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class actions or Representative Actions. You and bHaptics agree that
any Dispute arising out of or related to this Limited Warranty, is personal to You and bHaptics and
that such Dispute will be resolved solely through individual arbitration and will not be brought as a
class arbitration, class action, or any other type of representative proceeding. You and bHaptics
agree that there will be no class arbitration or arbitration in which and individual attempt to resolve a
Dispute as a representative of another individual or group of individuals. Further, You and bHaptics
agree that a Dispute cannot be brought as a class or other type of representative action, whether
within or outside of arbitration, or on behalf of any other individual or group of individuals.
46
Process. Except for Disputes in which either party seeks to bring an individual action in small
claims court, You and bHaptics agree that any Dispute must be commenced or filed by You or
bHaptics within one (1) year of the date the Dispute arose, otherwise the underlying claim is
permanently barred (which means that You and bHaptics will no longer have the right to assert
such claim regarding the Dispute). You and bHaptics agree that the arbitration shall be according to
the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes
(the “AAA Rules”), except insofar as those rules would be inconsistent with any part of this Limited
Warranty, including without limitation the agreement to arbitrate. For claims of $5,000 or less, You
may decide whether You would prefer to have the arbitration decided based only on documents
submitted to the arbitrator, or by a hearing in person or by phone. You may litigate a Dispute in the
small claims court located in the U.S. country of Your residence if the Dispute meets the
requirements to be heard 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.
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