6. Claims, Dispute Resolution and Arbitration
THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), AND WILLAND,
ITS AFFILIATES, WILLAND PARTIES AND WILLAND DEALERS. THE CLAUSES CONTAINED HEREIN MAY AFFECT YOUR RIGHTS,
AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT WITHIN 30
CALENDAR DAYS OF THE FIRST CONSUMER PURCHASE BY EMAILING OPTOUT@SEGWAY.COM AND PROVIDING THE
APPLICABLE INFORMATION. FOR MORE DETAILS, PLEASE SEE SECTION 6.2.
6.1 Binding Arbitration
Willand Parties, Willand Dealers, and you agree that any dispute, controversy, or claim arising out of, related to or in connection
with this Agreement, the limited warranty, the sale, condition, or performance of the Product, whether based in contract, tort,
fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or
property damages, shall be submitted to binding arbitration upon the request of either party upon the service of that request
on the other party.
The arbitration shall be conducted by China International Economic and Trade Arbitration Commission (CIETAC) in accordance
with its rules of in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. Willand Parties and/or
Willand Dealers and you further acknowledge and confirm that the arbitral award shall be final and binding upon all Parties, not
subject to any appeal; and shall deal with the question of costs of arbitration and all matters related thereto. Enforcement of
the award rendered by the arbitrators may be entered into by any court having jurisdiction thereof. Willand Parties and/or
Willand Dealers and you agree that this Agreement will be governed by and construed, interpreted, and enforced in accordance
with the laws of the People’s Republic of China with the Hong Kong Special Administrative Region, Macau Special
Administrative Region, and Taiwan being excluded.
You waive the right to participate in class actions arising from or relating to all claims and disputes with Willand Parties and/or
Willand Dealers. You agree to arbitrate solely on an individual basis and that this Agreement does not permit class arbitration
or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal
may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class
proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the
arbitration Agreement will remain in force.
Section 6 “Claims and Dispute Resolution” clause shall survive upon termination or expiration of this Agreement and/or limited
warranty or in the event that this Agreement and/or the limited warranty is held as void, avoidable, invalid, or unenforceable,
either in whole or part, by a competent adjudication institution with actual authority and jurisdiction over this matter.
6.2 Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO WILLAND PARTIES NO
LATERTHAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST CONSUMER PURCHASER’S PURCHASE OF THE
PRODUCT. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO WILLAND AT OPTOUT@SEGWAY.COM, WITH THE SUBJECT
LINE: “ARBITRATION OPT-OUT.” THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING
ADDRESS, AND PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL
NAME OR MODEL NUMBER; AND (D) THE SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION
TO OPT-OUT LETTER TO WILLAND AT ROOM 203, A1 BLDG. ZHONGGUANCUN DONGSHENG TECHNOLOGY PARK (NORTHERN
TERRITORY), NO. 66, XIXIAOKOU RD, HAIDIAN DIST., BEIJING, CHINA. WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE
OF THE FIRST END USER’S PURCHASE OF THE PRODUCT FROM WILLAND DEALER.THE OPT-OUT LETTER SHALL CONTAIN
THE FOLLOWING INFORMATION: (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE
ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; (D) THE SERIAL
NUMBER; AND (E) AN STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS TO OPT-OUT THE DISPUTE RESOLUTION
PROCEDURE AS PROVIDED BY THIS LIMITED WARRANTY, THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS
DISPUTE RESOLUTION PROCEDURE. ELECTION TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE WILL NOT AFFECT
THE COVERAGE OF THE LIMITED WARRANTY IN ANY WAY, AND YOU WILL CONTINUE TO ENJOY THE BENEFITS OF THE
LIMITED WARRANTY.
7. Severability
If any term, clause, or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term, clause or provision of this Agreement or invalidate or render unenforceable such
term, clause or provision in any other jurisdiction. Upon a determination that any term, clause, or provision is invalid, illegal, or
unenforceable, the parties shall negotiate in good faith, and if negotiation fails, the arbitral tribunal may modify this Agreement to
give effect to the original intent of the parties as closely as possible in order that the transactions contemplated hereby be
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