Common use of Obtaining Warranty Service Clause in Contracts

Obtaining Warranty Service. If you feel that your device requires warranty service, please follow these instructions: Obtain a Return Merchandise Authorization (“RMA”) number by calling 000-000-0000 or by emailing xxxxxxx@xxxxxxxxx.xxx. When shipping the device back to the designated SOBERLINK address, please package the SOBERLINK® device carefully and ship using a major carrier (UPS, FedEx, USPS, etc.). To ensure proper credit for a returned item, be sure to obtain a delivery confirmation on the return shipment. If we do not receive the Soberlink® device and you do not have proof of delivery to us, you and/or the Concerned Party (if any) may be assessed a replacement cost. Please include the following information with your returned device: • Your RMA number (issued by SOBERLINK) • Name, address, and phone number as stated at the time of order • A copy of your original sales receipt (if applicable) WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE T&C’s, OUR PRIVACY POLICY, THE SERVICES, SOBERLINK® DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR OR IN SMALL CLAIMS COURT RATHER THAN IN A COURT OF GENERAL JURISDICTION. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. The types of disputes and claims you and we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation (except as expressly provided herein as it relates to small claims proceeding and opt-out rights), to: • claims arising out of, or relating to, any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory • claims related to these T&Cs, the SOBERLINK® devices, or the provision of the Services or any advertising, marketing or representation related thereto • claims that arose before these T&C’s or any prior terms and conditions (including, but not limited to, claims relating to advertising) • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class • claims related to an alleged violation of your privacy, disclosure of personal information or alleged violation of any law or act related to any other agreement or contract entered into between you and us • claims that may arise after the termination, modification, revision, amendment or updating of the T&Cs. The American Arbitration Association (“AAA”) will arbitrate all disputes. This arbitration provision includes any claims against us relating to Services or SOBERLINK® devices provided or billed to you or used by you that may have been provided by third parties (such as our suppliers, distributors, dealers, Service Providers or third-party vendors) whenever you also assert claims against us in the same proceeding. We each also agree that the provision of Service to you affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the application of any choice of law). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to us at Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000. We each agree to negotiate in good faith. If the arbitration provision applies or you choose arbitration to resolve your dispute, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim or send a form Notice of Dispute (“Notice”) to Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000 (the “Notice Address”) to begin arbitration. You may download or copy a form Notice from xxxx://xxx.xxxxxxxxx.xxx/wp-content/uploads/2015/09/SLHC-Notice-of-Dispute.pdf. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. In order to initiate arbitration against you, Soberlink must send written Notice to you at the address you provide to us or an authorized SOBERLINK Service Provider. If SOBERLINK and you do not reach an agreement to resolve a claim or dispute within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding. You may download or copy a form to initiate arbitration from the AAA website as xxxxx://xxx.xxx.xxx/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf. After we receive the completed form at the Notice Address that you have commenced arbitration, it will promptly reimburse you for our payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitration is $200, but this is subject to change by AAA. If you establish that you are unable to pay this fee, we will pay it directly after receiving the completed form at the Notice Address.) For claims less than $75,000, the AAA’s Consumer Arbitration Rules in effect at the time the claim is made will apply as modified by the T&Cs. The Rules are available online as xxx.xxx.xxx or by calling AAA at 0-000-000-0000. For claims over $75,000, the AAA’s Commercial Arbitration Rules will apply as modified by these T&Cs. The Rules are available online as xxx.xxx.xxx or by calling AAA at 0-000-000-0000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the Federal Arbitration Act. Any amendment, modification, revision or update of these DISPUTE RESOLUTION AND ARBITRATION procedures shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relied warranted by that individual’s claim. You and we agree that each may bring claims against the other only in your individual capacities and not as plaintiff or class members in any purported class or representative action or in the capacity as a private attorney general law. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other consumers. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Any amendment, modification, revision or update of the CLASS ACTION WAIVER the shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect. Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU PURCHASED A SOBERLINK® DEVICE; (2) THE DATE YOU ACTIVATED SERVICE; OR (3) THE DATE ON WHICH YOU AGREED TO THE T&Cs (THE “OPT OUT DEADLINE”). YOU MUST OPT OUT BY THE OPT OUT DEADLINE FOR EACH SOBERLINK® DEVICE OR LINE OF SERVICE. YOU MAY OPT OUT OF THESE ARBITRATION PROCEDURES BY COMPLETING THE ON-LINE OPT-OUT FORM LOCATED AT xxxx://xxx.xxxxxxxxx.xxx/wp-content/uploads/2015/09/SLHC-Arbitration-Opt-Out.pdf and submitting the written request by facsimile to Soberlink Healthcare LLC @ 000-000-0000 Attn: Dispute Resolution, by mail to Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or in small claims court. Any amendment, modification, revision or update of the OPT OUT provisions the shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect.

Obtaining Warranty Service. If you feel that your device requires warranty service, please follow these instructions: Obtain a Return Merchandise Authorization (“RMA”) number by calling 000-000-0000 or by emailing xxxxxxx@xxxxxxxxx.xxx. When shipping the device back to the designated SOBERLINK address, please package the SOBERLINK® device carefully and ship using a major carrier (UPS, FedEx, USPS, etc.). To ensure proper credit for a returned item, be sure to obtain a delivery confirmation on the return shipment. If we do not receive the Soberlink® device and you do not have proof of delivery to us, you and/or the Concerned Party (if any) may be assessed a replacement cost. Please include the following information with your returned device: • Your RMA number (issued by SOBERLINK) • Name, address, and phone number as stated at the time of order • A copy of your original sales receipt (if applicable) WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE T&C’s, OUR PRIVACY POLICY, THE SERVICES, SOBERLINK® DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR OR IN SMALL CLAIMS COURT RATHER THAN IN A COURT OF GENERAL JURISDICTION. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. The types of disputes and claims you and we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation (except as expressly provided herein as it relates to small claims proceeding and opt-out rights), to: • claims arising out of, or relating to, any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory • claims related to these T&Cs, the SOBERLINK® devices, or the provision of the Services or any advertising, marketing or representation related thereto • claims that arose before these T&C’s or any prior terms and conditions (including, but not limited to, claims relating to advertising) • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class • claims related to an alleged violation of your privacy, disclosure of personal information or alleged violation of any law or act related to any other agreement or contract entered into between you and us • claims that may arise after the termination, modification, revision, amendment or updating of the T&Cs. The American Arbitration Association (“AAA”) will arbitrate all disputes. This arbitration provision includes any claims against us relating to Services or SOBERLINK® devices provided or billed to you or used by you that may have been provided by third parties (such as our suppliers, distributors, dealers, Service Providers or third-party vendors) whenever you also assert claims against us in the same proceeding. We each also agree that the provision of Service to you affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the application of any choice of law). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to us at Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000. We each agree to negotiate in good faith. If the arbitration provision applies or you choose arbitration to resolve your dispute, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim or send a form Notice of Dispute (“Notice”) to Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000 (the “Notice Address”) to begin arbitration. You may download or copy a form Notice from xxxx://xxx.xxxxxxxxx.xxx/wp-content/uploads/2015/09/SLHC-Notice-of-Dispute.pdf. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. In order to initiate arbitration against you, Soberlink must send written Notice to you at the address you provide to us or an authorized SOBERLINK Service Provider. If SOBERLINK and you do not reach an agreement to resolve a claim or dispute within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding. You may download or copy a form to initiate arbitration from the AAA website as xxxxx://xxx.xxx.xxx/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf. After we receive the completed form at the Notice Address that you have commenced arbitration, it will promptly reimburse you for our payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitration is $200, but this is subject to change by AAA. If you establish that you are unable to pay this fee, we will pay it directly after receiving the completed form at the Notice Address.) For claims less than $75,000, the AAA’s Consumer Arbitration Rules in effect at the time the claim is made will apply as modified by the T&Cs. The Rules are available online as xxx.xxx.xxx or by calling AAA at 0-000-000-0000. Level 2 Family Law Monitoring Program Agreement AGR-FLM2-20-001 For claims over $75,000, the AAA’s Commercial Arbitration Rules will apply as modified by these T&Cs. The Rules are available online as xxx.xxx.xxx or by calling AAA at 0-000-000-0000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the Federal Arbitration Act. Any amendment, modification, revision or update of these DISPUTE RESOLUTION AND ARBITRATION procedures shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relied warranted by that individual’s claim. You and we agree that each may bring claims against the other only in your individual capacities and not as plaintiff or class members in any purported class or representative action or in the capacity as a private attorney general law. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other consumers. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Any amendment, modification, revision or update of the CLASS ACTION WAIVER the shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect. Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU PURCHASED A SOBERLINK® DEVICE; (2) THE DATE YOU ACTIVATED SERVICE; OR (3) THE DATE ON WHICH YOU AGREED TO THE T&Cs (THE “OPT OUT DEADLINE”). YOU MUST OPT OUT BY THE OPT OUT DEADLINE FOR EACH SOBERLINK® DEVICE OR LINE OF SERVICE. YOU MAY OPT OUT OF THESE ARBITRATION PROCEDURES BY COMPLETING THE ON-LINE OPT-OUT FORM LOCATED AT xxxx://xxx.xxxxxxxxx.xxx/wp-content/uploads/2015/09/SLHC-Arbitration-Opt-Out.pdf and submitting the written request by facsimile to Soberlink Healthcare LLC @ 000-000-0000 Attn: Dispute Resolution, by mail to Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or in small claims court. Any amendment, modification, revision or update of the OPT OUT provisions the shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect.

Obtaining Warranty Service. If you feel that your device requires the product was purchased through a reseller, Customer should contact the reseller for warranty procedures. If the product was purchased directly from zSpace, or if the reseller is unable to provide warranty service, please follow these instructions: Obtain a Return Merchandise Authorization (“RMA”) number by calling 000-000-0000 or by emailing xxxxxxx@xxxxxxxxx.xxx. When shipping Customer must contact zSpace’s Technical Service Center within the device back to the designated SOBERLINK address, please package the SOBERLINK® device carefully and ship using a major carrier (UPS, FedEx, USPS, etc.). To ensure proper credit for a returned item, be sure applicable warranty period to obtain a delivery confirmation on return materials authorization (RMA) number. Dated proof of original purchase from zSpace or its authorized reseller will be required. Products or parts shipped by Customer to zSpace must be sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or sent by a method that provides for tracking of the return shipmentpackage. Responsibility for loss or damage does not transfer to zSpace until the returned item is received by zSpace. If we do Advance Exchange is not receive the Soberlink® device and you do not have proof of delivery to us, you and/or the Concerned Party available (if any) may be assessed a replacement cost. Please include the following information with your returned device: • Your RMA number (issued by SOBERLINK) • Name, address, and phone number as stated at the time of order • A copy of your original sales receipt (if applicable) WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE T&C’s, OUR PRIVACY POLICY, THE SERVICES, SOBERLINK® DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR OR IN SMALL CLAIMS COURT RATHER THAN IN A COURT OF GENERAL JURISDICTION. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. The types of disputes and claims you and we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation (except as expressly provided herein as it relates to small claims proceeding and opt-out rightssee paragraph immediately below), to: • claims arising out ofthe repaired or replaced item will be shipped to Customer, or relating toat zSpace's expense, any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory • claims related to these T&Cs, the SOBERLINK® devices, or the provision of the Services or any advertising, marketing or representation related thereto • claims that arose before these T&C’s or any prior terms and conditions not later than fifteen (including, but not limited to, claims relating to advertising) • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class • claims related to an alleged violation of your privacy, disclosure of personal information or alleged violation of any law or act related to any other agreement or contract entered into between you and us • claims that may arise after the termination, modification, revision, amendment or updating of the T&Cs. The American Arbitration Association (“AAA”) will arbitrate all disputes. This arbitration provision includes any claims against us relating to Services or SOBERLINK® devices provided or billed to you or used by you that may have been provided by third parties (such as our suppliers, distributors, dealers, Service Providers or third-party vendors) whenever you also assert claims against us in the same proceeding. We each also agree that the provision of Service to you affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the application of any choice of law). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to us at Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000. We each agree to negotiate in good faith. If the arbitration provision applies or you choose arbitration to resolve your dispute, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim or send a form Notice of Dispute (“Notice”) to Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000 (the “Notice Address”) to begin arbitration. You may download or copy a form Notice from xxxx://xxx.xxxxxxxxx.xxx/wp-content/uploads/2015/09/SLHC-Notice-of-Dispute.pdf. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. In order to initiate arbitration against you, Soberlink must send written Notice to you at the address you provide to us or an authorized SOBERLINK Service Provider. If SOBERLINK and you do not reach an agreement to resolve a claim or dispute within thirty (3015) days after zSpace receives the Notice defective product, and zSpace will retain risk of loss or damage until the item is receiveddelivered to Customer. zSpace shall not be responsible for Customer’s software, you firmware, information, or we may commence an arbitration proceedingmemory data contained in, stored on, or integrated with any products returned to zSpace for repair, whether under warranty or not. You may download All returned products or copy a form to initiate arbitration from parts that are replaced become the AAA website as xxxxx://xxx.xxx.xxx/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdfproperty of zSpace. After we receive the completed form at the Notice Address If zSpace determines that you have commenced arbitration, it will promptly reimburse you for our payment failure of the filing feeproduct(s) was not a result of a defect in materials or workmanship, unless your claim is zSpace reserves the right to charge Customer for more than $75,000time and materials at zSpace’s then-­‐ current labor rate, and return shipping charges. (Currently, the filing fee for consumer-initiated arbitration is $200, but this is subject to change by AAA. If you establish that you are unable to pay this fee, we zSpace will pay it directly after receiving the completed form at the Notice Address.) For claims less than $75,000, the AAA’s Consumer Arbitration Rules in effect at the time the claim is made will apply as modified by the T&Cs. The Rules are available online as xxx.xxx.xxx or by calling AAA at 0-000-000-0000. For claims over $75,000, the AAA’s Commercial Arbitration Rules will apply as modified by these T&Cs. The Rules are available online as xxx.xxx.xxx or by calling AAA at 0-000-000-0000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the Federal Arbitration Act. Any amendment, modification, revision or update of these DISPUTE RESOLUTION AND ARBITRATION procedures shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose advise Customer prior to such amendmentassessing these charges. WARRANTIES EXCLUSIVE: IF THIS PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, modificationCUSTOMER’S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPLACEMENT OR REPAIR OF THE PRODUCT OR PART, revision or update shall be governed by the terms of the T&C’s then in effectOR REFUND OF THE PURCHASE PRICE PAID, AT ZSPACE’S OPTION. YOU TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND WE EACH AGREE THAT ANY PROCEEDINGSREMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN ARBITRATION FACT OR COURTBY OPERATION OF LAW, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS STATUTORY OR REPRESENTATIVE ACTION OTHERWISE, OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relied warranted by that individual’s claim. You and we agree that each may bring claims against the other only in your individual capacities and not as plaintiff or class members in any purported class or representative action or in the capacity as a private attorney general law. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other consumers. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Any amendment, modification, revision or update of the CLASS ACTION WAIVER the shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effect. Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS ARISING FROM THE EARLIER OF: (1) COURSE OF DEALING BETWEEN THE DATE YOU PURCHASED PARTIES OR USAGE OF TRADE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A SOBERLINK® DEVICE; (2) PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, NON-­‐ INFRINGEMENT, AND ACCURACY OF INFORMATION GENERATED, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. XXXXXX DOES NOT AUTHORIZE ANY RESELLER, EMPLOYEE, OR ANY OTHER PERSON TO MODIFY OR EXTEND THIS WARRANTY, OR TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE DATE YOU ACTIVATED SERVICE; SALE, INSTALLATION, MAINTENANCE OR (3) THE DATE ON WHICH YOU AGREED TO THE T&Cs (THE “OPT OUT DEADLINE”). YOU MUST OPT OUT BY THE OPT OUT DEADLINE FOR EACH SOBERLINK® DEVICE OR LINE USE OF SERVICE. YOU MAY OPT OUT OF THESE ARBITRATION PROCEDURES BY COMPLETING THE ON-LINE OPT-OUT FORM LOCATED AT xxxx://xxx.xxxxxxxxx.xxx/wp-content/uploads/2015/09/SLHC-Arbitration-Opt-Out.pdf and submitting the written request by facsimile to Soberlink Healthcare LLC @ 000-000-0000 Attn: Dispute Resolution, by mail to Soberlink Healthcare LLC, Attn: Dispute Resolution, 00000 Xxxxx Xxxxxxxxx, #000, Xxxxxxxxxx Xxxxx, XX 00000. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or in small claims court. Any amendment, modification, revision or update of the OPT OUT provisions the shall only affect claims, causes of action, rights and remedies that arise after the such amendment, modification, revision or update, unless otherwise agreed by you and us. Any claim, cause of action, right or remedy that arose prior to such amendment, modification, revision or update shall be governed by the terms of the T&C’s then in effectITS PRODUCTS.