Choice of Law and Jurisdiction
Opt Out. You may opt out of this dispute resolution procedure by providing notice to EP no later than thirty (30) calendar days from the date of
Your purchase of Your Product. To opt out, You must send notice by e-mail to legal@essential.com, with the subject line: “Arbitration Opt Out,”
and include in the e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model
number; and (d) the IMEI, MEID, or serial number, as applicable, if you have it (the IMEI, MEID, or serial number can be found (i) on the Product
box; (ii) on the Product information screen, which can be found under Settings; or (iii) on the Product or in the SIM tray if applicable).
Alternatively, You may opt out by mailing an opt-out request with the same information to General Counsel, Essential Products, Inc., 380
Portage Ave., Palo Alto, CA 94306, postmarked no later than thirty (30) days from the date of Your purchase. These are the only two forms of
notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the
coverage of this Limited Warranty in any way, and You will continue to enjoy the benefits of this Limited Warranty.
Severability and Survival. If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (a) the unenforceable
or unlawful provision shall be severed from this Limited Warranty; (b) severance of the unenforceable or unlawful provision shall have no
impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an
individual basis pursuant to the arbitration section; and (c) to the extent that any claims must therefore proceed on a class, collective,
consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the
parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of
this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect, and the
remainder of this section will be enforceable.
CONTACT INFORMATION: This Limited Warranty is given by Essential Products, Inc., a Delaware corporation whose principal place of business
is at 380 Portage Avenue, Palo Alto, CA 94306, United States.
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