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than an arbitrator. Any dispute concerning the enforceability of this agreement to arbitrate, or any
part thereof, shall also be resolved by a proper court, rather than an arbitrator.
2. Waiver of Class Arbitration: NO DISPUTE WITHIN THE SCOPE OF THE DISPUTE RESOLUTION
CLAUSE MAY BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER
PERSON’S OR ENTITY’S PRODUCT OR CLAIM. NO CLASS OR COLLECTIVE ARBITRATION IS
PERMITTED, EVEN IF THE AAA RULES OR OTHER RULES GOVERNING THE ARBITRATION
WOULD OTHERWISE PERMIT IT. THE ARBITRATOR IS AUTHORIZED TO AWARD RELIEF ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT PERMITTED TO
RESOLVE THAT INDIVIDUAL’S CLAIM, SUBJECT TO THE RESTRICTIONS IN THIS LIMITED
WARRANTY.
3. 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.
4. RIGHT TO OPT OUT: This agreement to arbitrate disputes will apply unless You notify HTC in
writing no later than 30 calendar days of purchasing the Product or Accessory that You reject the
agreement to arbitrate. You must include in Your notice of opt-out (a) Your name and address; (b)
the date on which You purchased the Product or Accessory; (c) the Product model name; and (d)
Serial Number of the Product or Accessory. These numbers can be found on the Product
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