Common use of Claims and Dispute Resolution Clause in Contracts

Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATES, THE PRODUCT’S MANUFACTURER, DISTRIBUTORS, SELLERS, AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT. 6.1 Binding Arbitration Segway Parties and you agree that any dispute, controversy or claim arising out of, relating 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. This arbitration clause shall apply all the persons in privity with you, including your family members, beneficiaries, and assigns. 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. Segway Parties 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. Segway Parties 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 ANY AND ALL CLAIMS AND DISPUTES WITH SEGWAY PARTIES. 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. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.

Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATESAFFILIATS, THE PRODUCT’S MANUFACTURER, DISTRIBUTORSDISRIBUTORS, SELLERS, SELLERS AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, MEMBERS AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT. 6.1 Binding Arbitration Segway Parties and you agree that any dispute, controversy or claim arising out of, relating to or in connection with this agreement, the limited warranty, the sale, condition or performance of the Productproduct, whether based in contract, tort, fraud, misrepresentation, 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. This arbitration clause shall apply all the persons in privity with you, including your family members, beneficiaries, beneficiaries and assigns. The arbitration shall be conducted by China International Economic the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and Trade Arbitration Commission the Supplementary Procedures for Consumer-Related Disputes (CIETAC) in accordance with its rules of in effect at the time of applying for arbitrationcollectively “AAA Rules”). The place of AAA Rules are available online at ▇▇▇.▇▇▇, or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. The arbitration shall be Beijingconducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the “Liability Disclaimer and Limitation” clause herein subject to the applicable law. Segway Parties and you further acknowledge and confirm that The arbitration tribunal shall have the arbitral award power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Any decision of the arbitrator 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 judgment in any court having jurisdiction thereofof competent jurisdiction. You waive the right to have your claim heard in a court of law and by jury. You waive the right to participate in class actions arising from or relating to any and all claims and disputes with Segway Parties Parties. You agree to arbitrate solely on an individual basis, and you agree that this Agreement will be governed by and construedagreement does not permit class arbitration or any claims brought as a plaintiff or class member in any responsabilité et ne pourront pas être tenues pour responsables de quelconque dommage, interpreteddont en cas de décès, and enforced in accordance with the laws of the People’s Republic of China with the Hong Kong Special Administrative Regionde blessures corporelles ou de dommages matériels, Macau Special Administrative Regionrésultant ou étant lié à toute conduite (y compris toute forme de mauvaise conduite), and Taiwan being excludedaction, inaction, acte (y compris l’absence d’acte), omission ou négligence de la part de tout vendeur, distributeur, grossiste, revendeur ou partie tierce, agréé ou non, et impliqué dans la distribution du Produit et des services qui y sont rattachés. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH Jusque dans la mesure prévue par la loi en vigueur, les représentations et garanties explicites, si applicables, décrites ici, constitueront les seules garanties et représentations des PARTIES DE SEGWAY PARTIESà l’égard de tout consommateur ou utilisateur final. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASISLES PARTIES DE SEGWAY ne seront responsables d’aucune autre garantie et/ou représentation pouvant être apportée et/ou fournie par une autre personne, 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. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCEà moins que les Parties de Segway ne donnent une autorisation écrite et explicite pour ▇▇ ▇▇▇▇▇▇ garanties et/ou représentations à fournir au consommateur ou à l’utilisateur final.

Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATESAFFILIATS, THE PRODUCT’S MANUFACTURER, DISTRIBUTORSDISRIBUTORS, SELLERS, SELLERS AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, MEMBERS AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT. 6.1 7.1 Binding Arbitration Segway Parties and you agree that any dispute, controversy or claim arising out of, relating to or in connection with this agreement, the limited warranty, the sale, condition or performance of the Productproduct, whether based in contract, tort, fraud, misrepresentation, 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. This arbitration clause shall apply all the persons in privity with you, including your family members, beneficiaries, beneficiaries and assigns. The arbitration shall be conducted by China International Economic the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and Trade Arbitration Commission the Supplementary Procedures for Consumer-Related Disputes (CIETAC) in accordance with its rules of in effect at the time of applying for arbitrationcollectively “AAA Rules”). The place of AAA Rules are available online at ▇▇▇.▇▇▇, or by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇. The arbitration shall be Beijingconducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the “Liability Disclaimer and Limitation” clause herein subject to the applicable law. Segway Parties and you further acknowledge and confirm that The arbitration tribunal shall have the arbitral award power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Any decision of the arbitrator 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 judgment in any court having jurisdiction thereofof competent jurisdiction. You waive the right to have your claim heard in a court of law and by jury. You waive the right to participate in class actions arising from or relating to any and all claims and disputes with Segway Parties Parties. You agree to arbitrate solely on an individual basis, and you agree that this Agreement will be governed by and construed, interpretedagreement 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 enforced in accordance with may not otherwise preside over any form of a representative or class proceeding. In the laws event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions 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 ANY AND ALL CLAIMS AND DISPUTES WITH SEGWAY PARTIES. 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. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCEarbitration agreement will remain in force.