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WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
The following informal dispute resolution procedure is available to you if you believe that
we have not performed our obligations under this limited warranty:
DISPUTE RESOLUTION AND BINDING ARBITRATION.
(a) YOU AND SUN HOME ARE AGREEING TO GIVE UP ANY RIGHTS TO
LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A
CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO
BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT,
TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU
AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF
PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration
Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA
Rules") then in effect, except as modified by this Section . (The AAA Rules are
available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration
Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision or the
Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to
grant whatever relief would be available in court under law or in equity. Any award of the
arbitrator(s) will be final and binding on each of the parties and may be entered as a
judgment in any court of competent jurisdiction.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you
will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not
to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a
lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us
according to AAA rules. Except for the arbitration fees and expenses, each party shall
pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator
allocates them differently in accordance with applicable law. This paragraph applies
only if this is a consumer-purpose transaction.
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