5252
government agency, will have exclusive
authority to resolve any and all disputes
regarding the validity, interpretation,
applicability, enforceability or formation
of the agreement to arbitrate pursuant
to this Section, including but not
limited to the arbitrability of any claims,
notwithstanding anything to the contrary
in the Arbitration Rules. The arbitrator
will apply the Federal Rules of Evidence,
and will apply the Federal Rules of Civil
Procedure regarding discovery. The
arbitrator can order the same individual
remedies that a judge could in a court
of law, including injunctive relief but
only in favor of you or Cowboy and only
to the extent necessary to provide the
relief warranted by your or Cowboy’s
individual claim. The arbitrator has the
authority to consider motions to dismiss
and motions for summary judgment/
summary adjudication. Should Cowboy
or you refuse or neglect to appear for,
or participate in, the arbitration hearing,
the arbitrator will have the authority
to decide the dispute based upon
the evidence presented. Judgment
on the arbitration award may be
entered in any court having jurisdiction
thereof. This Section 7 is governed by
and enforceable under the Federal
Arbitration Act (“FAA”), this Section 7
will be interpreted under the FAA, and
both Cowboy and you agree that they
are engaged in interstate commerce
as part of the business of the Cowboy’s
business. Section 7 can be modified
only by a writing both signed by Cowboy
and you, stating the intent to revoke or
modify this Section 7.
f. Severability.
If any provision in this Section 7 is
adjudged to be void or otherwise
unenforceable by a court of competent
jurisdiction, in whole or in part, such
adjudication will not affect the validity
of the remainder of the agreement to
arbitrate. Notwithstanding the foregoing,
if a court of competent jurisdiction holds
or rules that the provision concerning
the waiver of a representative and/
or collective action is not enforceable
as to one or more claims, only claims
that the court finds can be arbitrated
on an individual basis will be arbitrable
under this Section 7 and any remaining
Covered Claims must be pursued
in court but only after completion of
arbitration on the arbitrable claims.
g. Express Class and Jury Waiver.
Cowboy and you knowingly and
voluntarily waive for any Covered Claim
the right to class, representative,
consolidated, and collective procedures
and the right to trial by jury or judge, to
the fullest extent permitted by applicable
law. Cowboy and you acknowledge and
agree that each has carefully read this
Section 7 and the Terms and Conditions,
understand them, and agree to them.
The product: bicycle with electric pedal
assistance.
Model: Cowboy 4 and 4 ST are in
compliance with directives 2006/42/EU,
2011/65/EU, 2014/53/EU, 2014/30/EU.
To see the full EC declaration of conformity,
visit cowboy.com/pages/downloads
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