ARBITRATION AGREEMENT. BY PURCHASING AN EMPOWER BRANDS, LLC (“EMPOWER BRANDS, LLC”) PRODUCT, YOUAGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE WITH EMPOWER BRANDS, LLC CONCERNING THEPRODUCT SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW,YOUR ARBITRATION CANNOT BE JOINED WITH ANOTHER ARBITRATION, WHETHER THROUGH CLASS ACTION ARBITRATIONPROCEEDINGS OR OTHERWISE. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND TO PRESERVE YOUR RIGHT TOSUE AND TO PARTICIPATE IN A CLASS ACTION. THE OPT OUT PROCEDURE IS DISCUSSED IN THE “OPT OUT” PROCEDURE”SECTION BELOW.
WAIVER OF RIGHT TO SUE. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENTPERMITTED BY LAW, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO FILE SUIT IN ANY COURT, TO A COURT HEARING, JUDGETRIAL AND JURY TRIAL.
CLASS ACTION WAIVER. To the maximum extent permitted by law, you expressly agree to refrain from bringing or joining anyclaims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class actionor any class-wide arbitration.
IF YOU HAVE A DISPUTE WITH EMPOWER BRANDS, LLC. If you have a dispute with Empower Brands, LLC, you agree tofirst contact Empower Brands, LLC, to discuss the matter. If we cannot resolve the dispute informally, it shall be resolved byarbitration. You may start the arbitration process by submitting a written demand to the American Arbitration Association (“AAA”)and sending us a copy. Empower Brands, LLC will pay all filing costs. A single arbitrator of the AAA will conduct the arbitrationin a location convenient to you or telephonically. The arbitrator’s award will be binding and may be entered as a judgment in anycourt of competent jurisdiction. This arbitration agreement applies to all disputes with Empower Brands, LLC, including, but notlimited to, those alleging breach of contract, breach of warranty, tort and violation of any state’s consumer protection statuteor regulation. This arbitration agreement applies to any claim alleging damage to property and/or bodily injury. Any disputeconcerning the interpretation or the enforceability of this arbitration agreement, including without limitation, its revocability orvoidability for any cause, the scope of arbitrable issues, and any defense based upon waiver, estoppel or laches, shall be decidedexclusively by the arbitrator. The demand for arbitration shall be made within a reasonable time after the claim, dispute or othermatter in question has arisen, and in no event shall it be made when institution of legal or equitable proceedings based on suchclaim, dispute or other matter in question would be barred by the applicable statute of limitations.
FOR CANADIAN RESIDENTS. This arbitration agreement is governed by Canadian law. Arbitration would take place in alocation convenient to you in Canada or telephonically.
OPT OUT PROCEDURE. You have thirty (30) days from the date of product delivery or purchase, whichever is later, to opt out ofarbitration. To opt out of arbitration you must contact us and request to opt out of arbitration. If more than thirty (30) days havepassed, you are not eligible to opt out of arbitration and you will have waived your right to sue and your right to participate in aclass action.
SEVERABILITY. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that provisionor part so found, and not the entire Agreement, will be inoperative.
TO CONTACT EMPOWER BRANDS, LLC: 973-287-5134 (phone), 973-575-6897 (facsimile), or Empower Brands, LLC,492 Route 46 East, Dept. 272, Fairfield, NJ 07004.