Choice of Law and Jurisdiction
No Class Arbitrations, Class Actions, or Representative Actions. You and EP agree that any Dispute is personal to You and EP and that any Dispute will only be resolved by an individual arbitration
and will not be brought, whether inside or outside of arbitration, as a class or representative action, or on behalf of any other person or persons.
Federal Arbitration Act. You and EP agree that this Limited Warranty affects interstate commerce and that the enforceability of this Dispute Resolution and Arbitration section will be governed by,
construed, and enforced, both substantively and procedurally, by the FAA to the maximum extent permitted by applicable law, consistent with the Choice of Law and Jurisdiction provisions above.
Confidentiality. The arbitrators, EP, and You will maintain the confidentiality of any proceedings, including but not limited to any and all information gathered, prepared, and presented for purposes
of the arbitration or related to the Dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that You have against EP, You agree to first contact EP and attempt to resolve the claim informally by sending a
written notice of Your claim (“Notice”) to EP by email at legal@essential.com or by certified mail addressed to: General Counsel, Essential Products, Inc., 380 Portage Ave., Palo Alto, CA 94306. The
Notice must (a) include Your name, residence address, email address, and mobile telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our
notice to You will be similar in form to that described above. If You and EP cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may,
as appropriate in accordance with this Dispute Resolution and Arbitration section, submit the Dispute to binding arbitration administered by JAMS or, where applicable, in court. You will have the
right to an in-person hearing in Your hometown area. In the case of a Dispute with an amount in controversy of less than $10,000.00, the JAMS Streamlined Arbitration Rules & Procedures will
apply. In the case of a Dispute with an amount in controversy of $10,000.00 or more, the JAMS Comprehensive Arbitration Rules & Procedures will apply, and each party will pick one arbitrator, with
those two arbitrators picking the third arbitrator, who will be the chief arbitrator. In the event that JAMS declines or is unable to administer the arbitration, You and EP agree to have the arbitration
administered by the American Arbitration Association (“AAA”), or another mutually agreed-upon administrator, in accordance with the AAA Consumer Arbitration Rules. If, after making a reasonable
effort, You and EP are not able to agree upon an arbitration forum, JAMS will appoint an arbitration forum or arbitrators. The arbitration will be conducted in accordance with either the JAMS
Streamlined Arbitration Rules & Procedures or the JAMS Comprehensive Arbitration Rules & Procedures, as indicated above (collectively, the “JAMS Rules”) then in effect, and You agree that such
rules are subject to changes that JAMS may make from time to time. The JAMS Rules and other information about JAMS and arbitration are available at https://www.jamsadr.com, or by calling
1-800-352-5267. By agreeing to this Limited Warranty, You either (1) acknowledge that You have read and understand the JAMS Rules or (2) waive reading the JAMS Rules. You and EP agree that
the terms set forth in this Limited Warranty govern the arbitration. You and EP agree that any Dispute must be commenced or filed within one year after such claim arises; otherwise, the Dispute is
permanently barred.
As limited by the FAA, this Limited Warranty, and the applicable JAMS Rules, the arbitrators will have the exclusive power and jurisdiction to make all procedural and substantive decisions
concerning the Dispute including the power to determine the question of arbitrability; provided, however, that this power does not include the power to conduct a class arbitration or a representative
action, which is prohibited by this Limited Warranty (as stated above). The arbitrators may only conduct an individual arbitration, may not consolidate more than one person’s claims, and may not
preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person.
Fees and Award. If You initiate a Dispute, You will be required to pay a $250 filing fee, which is approximately equivalent to current court filing fees. All costs associated with the arbitration will be
paid by EP. The party that prevails in the Dispute will be required to pay the other party’s fees and costs, including attorneys’ fees, unless You live in California, in which case EP will pay its own fees
and costs. An arbitrator's award will consist of a written statement stating the disposition of each claim and will provide a concise written statement of the findings and conclusions on which the
award is based.
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