54
PEDEGO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS,
PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY EQUIPMENT OR SOFTWARE
USED IN CONJUNCTION WITH THE BIKE AND/OR QUALIFYING LOCK, OR THE ABILITY
TO INTEGRATE ANY SUCH EQUIPMENT WITH THE BIKE AND/OR QUALIFYING LOCK.
RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE
AND SUITABILITY OF ANY SUCH THIRD-PARTY EQUIPMENT AND SOFTWARE RESTS
SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH
THIRD-PARTY EQUIPMENT AND SOFTWARE.
Nothing in the Assembly Instructions & Owners Manual or Bike information, instructions or
advertisements is intended to create or be construed as an express warranty of any
kind with respect to the Bike. No agent, employee, dealer, representative or reseller
is authorized to modify or extend this Anti-theft Limited Warranty or to make binding
representations or claims, whether in advertising, presentations or otherwise, on
behalf of PEDEGO regarding the Bike or this Anti-theft Limited Warranty.
This Anti-theft Limited Warranty gives you specic legal rights, and you may also have
other rights that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH PEDEGO ARISING IN ANY WAY FROM THIS ANTI-THEFT LIMITED
WARRANTY OR THE SALE, VALUE, CONDITION OR PERFORMANCE OF THE BIKE MUST BE
RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A
COURT OR JURY, WITH THE SOLE EXCEPTION THAT NOTHING IN THIS PROVISION WILL
PROHIBIT ANY SUCH DISPUTE FROM BEING RESOLVED AS AN INDIVIDUAL CLAIM IN A
SMALL CLAIMS COURT. Any such dispute, whether arbitrated or brought in small claims
court, will not be combined or consolidated with a dispute involving any other person’s or
entity’s product or claim, and specically, without limitation of the foregoing, must not under
any circumstances proceed as part of a class action or collective action. It is the express
intent of the parties that any and all disputes will be resolved on an individual basis only, and
that the arbitrator will not have the power to award class or collective relief or to determine
or order that the dispute should proceed as a class or collective action, whether in arbitration
or in any other forum or venue. The arbitration will be conducted before a single arbitrator,
whose award must not exceed, in form or amount, the relief allowed by the applicable law.
The arbitration will be conducted according to the American Arbitration Association (“AAA”)
rules and procedures applicable to consumer disputes (which currently may be found
at www.adr.org) or, if AAA consumer dispute rules and procedures cannot, for whatever
reason, be applied, then according to JAMS consumer arbitration rules and procedures
or other arbitration rules and procedures appropriate for use in consumer disputes. This
arbitration provision is entered pursuant to the Federal Arbitration Act, and the substantive
laws of the State of California, without reference to its choice of laws principles, will
otherwise govern the interpretation of the Anti-theft Limited Warranty and all disputes that
are subject to this arbitration provision. The arbitrator will decide all issues of interpretation
and application of this arbitration provision and the Anti-theft Limited Warranty. Judgment
may be entered on the arbitrator’s nal award in any court of competent jurisdiction.
This arbitration provision also applies to claims against PEDEGO’S employees,
Warranty
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