KIMBERLY LEPESH BRIGHTLINE PRODUCT TRAINING
NEW • Current + 1 Model years • Up to 24,000 Miles at TOS PRE-OWNED: • Current + 7 Model years • Up to 80,000 Miles at TOS • 90 day validation period • Coverage expires if you no longer own the vehicle • $0 deductible • No limit on battery replacement • Up to $600 limit per occrance • Jump-start roadside assistanceup to $60 per occurrence • Non-cancellable • Non-transferable • This limited warranty applies only to battery replacement performed at issuing dealer. If the Issuing Dealer is no longer in business, please contact the Administrator for an alternative Repair Facility. • Does not replace battery manufacturer warranty LIFETIME BATTERY LIMITED WARRANTY ELIGIBILITY TERM DEDUCTIBLE COVERAGE CANCELLATION/ TRANSFERABILITY REQUIREMENTS
Page | 1 FTG-LTBAT-PLW 08.2024 LIMITED WARRANTY # LIFETIME BATTERY Product Limited Warranty Schedule Page LIMITED WARRANTY HOLDER INFORMATION NAME TELEPHONE EMAIL ADDRESS ADDRESS CITY STATE ZIP CODE SELLER INFORMATION NAME TELEPHONE SELLER CODE ADDRESS CITY STATE ZIP CODE VEHICLE INFORMATION YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER CURRENT ODOMETER VEHICLE PURCHASE DATE VEHICLE PURCHASE PRICE PRODUCT LIMITED WARRANTY INFORMATION TERM: LIFETIME BENEFIT AMOUNT PRODUCT PURCHASE DATE PRODUCT PURCHASE PRICE VALIDATION PERIOD (Days) THIS IS NOT AN AUTOMOBILE PHYSICAL DAMAGE OR LIABILITY INSURANCE CONTRACT. YOU ARE NOT REQUIRED TO PURCHASE THE PRODUCT (“PRODUCT”) IN ORDER TO PURCHASE, LEASE OR OBTAIN FINANCING FOR A VEHICLE. This Product Limited Warranty is a product warranty and is not insurance. You should read this Product Limited Warranty carefully. It contains the entire Product Limited Warranty between You and Us. It takes precedence over any other written or oral statements made to You with respect to this Product Limited Warranty. REVIEW "SPECIAL STATE DISCLOSURES AND REQUIREMENTS" FOR ANY RIGHTS, PRIVILEGES AND CONDITIONS THAT GOVERN THIS PRODUCT LIMITED WARRANTY IN YOUR STATE. Any modification(s), alteration(s) or change(s) to the preprinted terms and conditions is/areinvalid and of no force or effect. You acknowledge Your understanding of and agreement to the Dispute Resolution/Arbitration and Class Action Waiver section in this Product Limited Warranty. Refer to the Dispute Resolution/Arbitration and Class Action Waiver section for opt-out instructions. THIS PRODUCT LIMITED WARRANTY CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Product Limited Warranty is based on information You provided in this Schedule Page. This Product Limited Warranty gives You specific legal rights, and You may also have other rights which vary from State to State. Your signature below means that You have reviewed and understand the Product Limited Warranty Terms and Conditions. Limited Warranty Holder Signature Seller Signature Date FOR NATIONWIDE CLAIMS CALL: (855) 292-9309 $600 BLDAB4L-200086 testqq CA ELK GROVE CHRYSLER (916) 892-0515 RG283553 8575 Laguna Grove Dr Elk Grove CA 95757-8711 2024 Ram 2500 3C6UR5CL3RG283553 10 10/1/2024 $0.00 10/1/2024 $450.00 0 10/1/2024
Page | 2 FTG-LTBAT-PLW 08.2024 AGREEMENT TERMS AND CONDITIONS DEFINITIONS The following definitions apply to words used frequently throughout this Product Limited Warranty and which appear in bold-faced type • ADMINISTRATOR, WARRANTOR, WE, US AND OUR - The company obligated to perform under this Product Limited Warranty may be referred to herein as Warrantor. The company obligated to administer this Product Limited Warranty is the Administrator. The Warrantor and Administrator under this Product Limited Warranty is Independent Dealer Group, Inc., P.O. Box 852770 Richardson, TX 75085 (855) 292-9309 • BENEFIT – The maximum coverage allowed per battery replacement as stated on the Schedule Page of this Product Limited Warranty. • COMMERCIAL USE – vehicle is defined as a vehicle registered to a business and/or for business purposes. Vehicles that are used in excess of manufacturers G.V.W. Vehicles used for construction purposes, delivery purposes, commercial towing, commercial farm operation, tow trucks, snowplows any type of emergency vehicles, volunteer public service(s), motor pool vehicles, rental, taxi cabs, livery or for excessive hauling and pulling are excluded from coverage hereunder. (This does not include rideshare i.e. Uber or Lyft.) • LIMITED WARRANTY HOLDER, YOU, YOUR – The purchaser of this Product Limited Warranty • ORIGINAL BATTERY, COVERED BATTERY – The battery installed in Your Vehicle by the vehicle manufacturer or Seller at the time of sale of the Vehicle or the replacement battery that has had the Product properly applied. • PRODUCT – The Battery Protection Product installed on Your Vehicle which You have purchased from the Seller to protect Your battery. • PRODUCT LIMITED WARRANTY – This Battery Product Limited Warranty for the Vehicle described on the Schedule Page. • SCHEDULE PAGE – The numbered document which is part of this Product Limited Warranty where information regarding You, Your Vehicle and coverage options are shown. • SELLER – The dealership/installation provider that properly applied the Product to the battery on Your Vehicle and from whom You purchased the Product. • TERM – The Term of this Product Limited Warranty which shall start on the Product Purchase Date listed on the Schedule Page and remain in effect for Your Lifetime or until You are no longer the owner of the Vehicle, or the replacement battery in the Vehicle has not had the Product applied. • Validation Period – For vehicles that are 2 or more model years old or have more than 24,000 miles, this Product Limited Warranty is subject to a Validation Period of time, which begins on the date (as listed on the Schedule Page) that You purchased the Product. There is no Coverage during the Validation Period. Coverage begins upon the expiration of the Validation Period. The Validation Period expires when the time of Your Validation Period as listed on the Schedule Page has elapsed. • VEHICLE – The Vehicle covered by the terms and conditions of this Product Limited Warranty as listed on the Schedule Page. SCHEDULE COVERAGES This Product Limited Warranty guarantees that the Product, when properly applied to Your battery, will prevent corrosion and parasitic amperage draw to the battery by protecting all surfaces from corrosion-causing acid fumes, allowing it to function normally. If during the Term of this Product Limited Warranty, Your Vehicle’s treated battery is determined to be functioning improperly and has insufficient charge to be diagnosed, We will test Your battery and provide a replacement battery per the terms and conditions of this Product Limited Warranty. All batteries must be charged and tested before being replaced. If the battery passes, it will be returned to service. If the battery fails, it will be replaced subject to all terms and conditions listed herein. This Product Limited Warranty provides coverage up to the battery replacement Benefit per occurrence listed on the Schedule Page. Replacement batteries will be of the same type as the Original Battery and will be covered, provided the Product is applied to the replacement battery, for the remainder of the Term of this Product Limited Warranty. This Product Limited Warranty commences on the Product Purchase Date and upon expiration of the Validation Period as indicated on the Schedule Page and expires on the date when You sell, end a lease (if applicable), or otherwise cease to own the Vehicle. If the Seller is no longer in business, please contact the Administrator for Your options. ROADSIDE ASSISTANCE REIMBURSEMENT In the event Your Vehicle will not start due to a weak or “run-down” Covered Battery, We will reimburse You for a service provider to boost or jump-start the battery. Jump start service will be provided as follows: Once the Covered Battery manufacturer warranty has expired, You will be allowed two (2) complimentary jumpstarts during the term of this Product Limited Warranty. Reimbursement amount is up to sixty dollars ($60.00) per occurrence up to a maximum payout of one hundred twenty dollars ($120.00). Any roadside assistance coverage held by You, whether offered by the vehicle manufacturer or a third-party motor club, must be used before this Product Limited Warranty benefits are provided. If You obtain roadside assistance, and it is determined that Your concern is not covered under this Product Limited Warranty, You will be responsible for the cost of the service call. If mobile battery replacement is performed as a result of an Assistance Call, services rendered will count as one (1) Jump-Start Service. Information must be mailed within thirty (30)
Page | 3 FTG-LTBAT-PLW 08.2024 days of the roadside assistance service to the Administrator. Roadside Assistance is only available when the Product has been purchased and properly applied to the battery of Your Vehicle. EXCLUSIONS - WHAT IS NOT COVERED This Product Limited Warranty does NOT provide coverage for any of the following: 1) Battery hold-downs not used properly or not torqued per the BCI Service Manual recommendations, leading to excessive battery vibration or battery damage due to over torque 2) Low electrolyte levels for batteries which require maintenance. 3) Accelerated corrosion/low electrolyte level due to exposure to excessive temperatures 4) Batteries that have been refilled with any substance besides distilled water that may have contaminated the battery 5) Batteries not maintained at a sufficient state of charge during periods of both in-vehicle and out-of-vehicle storage 6) Batteries that have been subjected to excessive out-of-vehicle charging or to an uncontrolled in-vehicles charging system (i.e. faulty alternator) 7) Batteries that have been physically damaged, including a cracked, punctured, or deformed battery case or cover or broken or severely damaged battery terminals 8) Batteries with damaged terminals due to loose, inadequate, or high resistance connections 9) Batteries with loose or missing vents (non-sealed designs) 10) Batteries that have been installed and operated in reverse in Vehicle, leading to reverse battery polarity 11) Improper battery box or insufficient protection from the elements (i.e. rain, snow, or ice) 12) Batteries that have been operated in an application that it was not designed and/or marketed to support (e.g. Standard DLI batteries that are used in cycling applications) 13) Customizations to Vehicle with aftermarket accessories or equipment, components and systems not installed by the manufacturer that may cause additional drain on the battery, including, but not limited to: anti-theft systems, radar detectors, CB radios, radio/speaker equipment, cruise control, sunroof, solar powered devices, telephones, TV/VCR/DVD and related components, and appliances 14) Hybrid, electric, secondary and any auxiliary vehicle batteries 15) Any battery that has been damaged due to user error, abuse, or neglect 16) Any battery that was not treated with the Battery Protection Product 17) To any vehicle which is not listed in an approved market valuation guide; 18) For any damage that may have resulted from normal wear and tear or misuse of the Product; 19) For any damage if the Product is not installed properly. 20) Repairs or replacements made without prior authorization from the Administrator VEHICLES NOT COVERED This Product Limited Warranty DOES NOT provide coverage for any of the following vehicles: 1) Vehicles not certified for sale within the United States at the time of manufacture, salvaged vehicles, a vehicle whose title has been branded, or a vehicle that’s been declared a total loss; 2) Vehicles that are used for any Commercial Use or emergency services whatsoever; and 3) Vehicles used for on or off-road racing. LIMIT OF COVERAGE LIABILITY The Limit of Coverage Liability under this Product Limited Warranty for any one (1) battery replacement is the Benefit Amount indicated on the Schedule Page. The aggregate total of all benefits paid or payable during the term of this Product Limited Warranty shall not exceed the JD Power Official Used Car Guide or the actual cash value of Your Vehicle at the instant prior to the battery failure. If the JD Power Official Used Car Guide vehicle valuation is unavailable, not widely recognized or not commonly used in the geographic area, We may use another market retail valuation method. FILING A CLAIM In the event You require battery testing and replacement, return to the Seller. Prior authorization and to initiate the claims process, contact the Administrator at (855) 292-9309 We will not use remanufactured or used replacement parts. All approved claims will be submitted directly to the Seller or the entity on the repair Invoice if repairs were performed outside the Seller. We would like to contact You regarding the status and progress of Your claim via a text message. During Your initial claim contact with the Administrator, You will be asked to confirm Your acceptance of receiving text messages. You can opt-out of receiving text messages at any time by contacting the Administrator at 855-292-9309 or “Text STOP to end.” YOUR RESPONSIBILITIES Throughout the Term of this Product Limited Warranty, You must have the Covered Battery serviced exactly as the Covered Battery
Page | 4 FTG-LTBAT-PLW 08.2024 manufacturer recommends and any Failure cannot be due to Your negligence or abuse. Failure to implement these maintenance responsibilities will result in denial of coverage, therefore voiding this Product Limited Warranty. GENERAL PROVISIONS We may require You to assign Your rights of recovery against others in the event that We pay for any claim made under this Product Limited Warranty. We will not pay for any claim hereunder if You impair these rights of recovery. You may not waive Your right(s) to recover from others. CANCELLATION This Product Limited Warranty is non-cancellable and non-refundable. TRANSFER This Product Limited Warranty expires on the date on which You sell, end a lease (if applicable), or otherwise cease to own the Vehicle, therefore this Product Limited Warranty is non-transferable. FOR ASSISTANCE IN THE EVENT OF A CLAIM, OR FOR ANY OTHER QUESTIONS OR CONCERNS, CALL 855-292-9309 TOLL FREE. LIMITATION OF LIABILITY NOT ALL VEHICLES QUALIFY FOR COVERAGE UNDER THIS PRODUCT LIMITED WARRANTY. IF YOU RECEIVE THIS PRODUCT LIMITED WARRANTY IN ERROR (INCLUDING, BUT NOT LIMITED TO, ANY SALE THAT IS A RESULT OF A MISREPRESENTATION BY THE SELLER TO YOU), NEITHER THE WARRANTOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR ANY CLAIMS, UNDER THE TERMS AND CONDITIONS HEREIN. HOWEVER, YOU WILL BE ENTITLED TO RECEIVE A FULL REFUND OF THE PRODUCT PURCHASE PRICE, IF THE VEHICLE LISTED ON SCHEDULE PAGE OF THIS PRODUCT LIMITED WARRANTY IS INELIGIBLE FOR COVERAGE, UNDER THE TERMS AND CONDITIONS OF THIS PRODUCT LIMITED WARRANTY. THE FOREGOING REPRESENTS THE WARRANTOR AND ADMINISTRATOR’S SOLE AND EXCLUSIVE LIABILITY TO YOU, IF THIS PRODUCT LIMITED WARRANTY IS PROVIDED FOR AN INELIGIBLE VEHICLE. FOR ALL ELIGIBLE VEHICLES, THIS PRODUCT LIMITED WARRANTY SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES. NEITHER THE WARRANTOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE VEHICLE, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACTS OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE WARRANTOR NOR THE ADMINISTRATOR AUTHORIZE ANY PERSON, ENTITY, OR DEALER TO CREATE FOR THEM ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT LIMITED WARRANTY. OBLIGATIONS Obligations under this Product Limited Warranty are insured under an insurance policy issued by Lyndon Southern Insurance Company, 10751 Deerwood Park Blvd., Ste. 200, Jacksonville, FL 32256, (800) 888-2738. In the event the Warrantor fails to pay an authorized claim within sixty (60) days, or if the Warrantor becomes insolvent or ceases to conduct business during the Term of this Product Limited Warranty, You may file a direct claim with the insurer as designated above. To do so, please call the following number for instructions: (800) 888-2738. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION Agreement AND Class Action Waiver, INCLUDING THE OPT-OUT PROVISION, CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BE RESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN A CLASS ACTION. Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this Product Limited Warranty), You, We, and the Administrator/Guarantor (the “Parties”) are agreeing to submit any and all Claims to binding arbitration on an individual basis for resolution. This Arbitration Agreement and Class Action Waiver sets forth the terms and conditions of Our agreement to binding arbitration. The Parties agree that any and all claims, disputes and controversies related in any way to this Product Limited Warranty, including but not limited to claims related to the underlying transaction giving rise to this Product Limited Warranty, or claims related to the sale, financing, or fulfillment of this Product Limited Warranty (collectively, “Claims”), shall be resolved by final and binding arbitration. “Claims” shall be given the broadest meaning possible and includes, without limitation, Claims arising under agreement, tort, statute, regulation, rule, ordinance or other rule of law or equity, and Claims against any of Our or the Administrator’s owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, agents, successors, or assigns. “Claims” does not include a statutory claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You are a California resident or that You purchased Your Product Limited Warranty in California. In arbitration, Claims are resolved by an arbitrator and not by a judge or jury. THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY. In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration Agreement,
Page | 5 FTG-LTBAT-PLW 08.2024 including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related to this Product Limited Warranty. The Parties agree and acknowledge that the transaction evidenced by this Product Limited Warranty affects interstate commerce. The Parties further agree that all issues relating to this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to this Arbitration Agreement and Class Action Waiver, then the law of the state where You purchased the Product Limited Warranty shall apply, without regards to conflicts of law. Class Action Waiver. All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on Your behalf. The arbitrator may not consolidate more than one person or entity’s claims and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration Agreement shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the “Code”). Information on AAA and a copy of the Code may be found at the following number and URL: American Arbitration Association, (800) 778-7879, www.adr.org. The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Product Limited Warranty shall apply, without regards to conflicts of law. The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. If Your total damage claims (not including attorney’s fees) do not exceed $25,000, then all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, You have a right to attend the arbitration hearing in person, and You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum. If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum. For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay if You filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that any of Your claims are frivolous, You shall bear all of the Arbitration Costs. If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Product Limited Warranty or any other Agreement, this Arbitration Agreement and Class Action Waiver governs. OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS Product Warranty (THE DATE OF PURCHASE BEING INDICATED ON YOUR Product Limited Warranty). To opt out, You must send written notice
Page | 6 FTG-LTBAT-PLW 08.2024 to either: (1) 10751 Deerwood Park Blvd., Suite 200, Jacksonville, FL 32256, Attn: Legal or (2) legal@fortegra.com, with the subject line, “Arbitration/Class Action Waiver Opt Out.” You must include in Your opt out notice: (a) Your name and address; (b) the date You purchased Your Product Limited Warranty; and (c) the Seller. If You properly and timely opt out, then all Claims will be resolved in court rather than arbitration. Privacy Policy It is Our policy to respect the privacy of Our customers. For information on Our privacy practices, please review Our privacy policy at www.fortegra.com.
Page | 7 FTG-LTBAT-PLW 08.2024 STATE DISCLOSURES AND REQUIREMENTS The following SPECIAL STATE DISCLOSURES AND/OR REQUIREMENTS apply to this Product Limited Warranty and supersede any other provision(s) herein to the contrary. We have made every effort to include all required state notices; however, should a required notice be in effect as of the date You purchased this Product Limited Warranty not be listed below, such state law or regulation will take precedence over the terms of this Product Limited Warranty. CALIFORNIA: This Product Limited Warranty is a product warranty and is not insurance. It is not subject to state insurance laws but is subject to state law concerning warranties. This form is for product registration. Failure to complete and return the form does not diminish Your warranty rights. All manufacturer maintenance requirements can be found online. If You cannot locate the manufacturer requirements online, contact the Administrator for assistance. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section is amended as follows: The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. All arbitration shall be handled in accordance with the California Arbitration Act (California Code of Civil Procedure, Section 1280). All references to Commercial arbitration rules are replaced with Consumer arbitration rules. The clause stating, “The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce” is removed in its entirety.
Page | 1 FTG-LTBAT-PLW 08.2024 LIMITED WARRANTY # LIFETIME BATTERY Product Limited Warranty Schedule Page LIMITED WARRANTY HOLDER INFORMATION NAME TELEPHONE EMAIL ADDRESS ADDRESS CITY STATE ZIP CODE SELLER INFORMATION NAME TELEPHONE SELLER CODE ADDRESS CITY STATE ZIP CODE VEHICLE INFORMATION YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER CURRENT ODOMETER VEHICLE PURCHASE DATE VEHICLE PURCHASE PRICE PRODUCT LIMITED WARRANTY INFORMATION TERM: LIFETIME BENEFIT AMOUNT PRODUCT PURCHASE DATE PRODUCT PURCHASE PRICE VALIDATION PERIOD (Days) THIS IS NOT AN AUTOMOBILE PHYSICAL DAMAGE OR LIABILITY INSURANCE CONTRACT. YOU ARE NOT REQUIRED TO PURCHASE THE PRODUCT (“PRODUCT”) IN ORDER TO PURCHASE, LEASE OR OBTAIN FINANCING FOR A VEHICLE. This Product Limited Warranty is a product warranty and is not insurance. You should read this Product Limited Warranty carefully. It contains the entire Product Limited Warranty between You and Us. It takes precedence over any other written or oral statements made to You with respect to this Product Limited Warranty. REVIEW "SPECIAL STATE DISCLOSURES AND REQUIREMENTS" FOR ANY RIGHTS, PRIVILEGES AND CONDITIONS THAT GOVERN THIS PRODUCT LIMITED WARRANTY IN YOUR STATE. Any modification(s), alteration(s) or change(s) to the preprinted terms and conditions is/areinvalid and of no force or effect. You acknowledge Your understanding of and agreement to the Dispute Resolution/Arbitration and Class Action Waiver section in this Product Limited Warranty. Refer to the Dispute Resolution/Arbitration and Class Action Waiver section for opt-out instructions. THIS PRODUCT LIMITED WARRANTY CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Product Limited Warranty is based on information You provided in this Schedule Page. This Product Limited Warranty gives You specific legal rights, and You may also have other rights which vary from State to State. Your signature below means that You have reviewed and understand the Product Limited Warranty Terms and Conditions. Limited Warranty Holder Signature Seller Signature Date FOR NATIONWIDE CLAIMS CALL: (855) 292-9309 $600 BDAB4LV-100045 rp test CA ELK GROVE CHRYSLER (916) 892-0515 ML894455 8575 Laguna Grove Dr Elk Grove CA 95757-8711 2021 Nissan Versa 3N1CN8EV8ML894455 60000 10/2/2024 $0.00 10/2/2024 $179.00 90 10/2/2024
Page | 2 FTG-LTBAT-PLW 08.2024 AGREEMENT TERMS AND CONDITIONS DEFINITIONS The following definitions apply to words used frequently throughout this Product Limited Warranty and which appear in bold-faced type • ADMINISTRATOR, WARRANTOR, WE, US AND OUR - The company obligated to perform under this Product Limited Warranty may be referred to herein as Warrantor. The company obligated to administer this Product Limited Warranty is the Administrator. The Warrantor and Administrator under this Product Limited Warranty is Independent Dealer Group, Inc., P.O. Box 852770 Richardson, TX 75085 (855) 292-9309 • BENEFIT – The maximum coverage allowed per battery replacement as stated on the Schedule Page of this Product Limited Warranty. • COMMERCIAL USE – vehicle is defined as a vehicle registered to a business and/or for business purposes. Vehicles that are used in excess of manufacturers G.V.W. Vehicles used for construction purposes, delivery purposes, commercial towing, commercial farm operation, tow trucks, snowplows any type of emergency vehicles, volunteer public service(s), motor pool vehicles, rental, taxi cabs, livery or for excessive hauling and pulling are excluded from coverage hereunder. (This does not include rideshare i.e. Uber or Lyft.) • LIMITED WARRANTY HOLDER, YOU, YOUR – The purchaser of this Product Limited Warranty • ORIGINAL BATTERY, COVERED BATTERY – The battery installed in Your Vehicle by the vehicle manufacturer or Seller at the time of sale of the Vehicle or the replacement battery that has had the Product properly applied. • PRODUCT – The Battery Protection Product installed on Your Vehicle which You have purchased from the Seller to protect Your battery. • PRODUCT LIMITED WARRANTY – This Battery Product Limited Warranty for the Vehicle described on the Schedule Page. • SCHEDULE PAGE – The numbered document which is part of this Product Limited Warranty where information regarding You, Your Vehicle and coverage options are shown. • SELLER – The dealership/installation provider that properly applied the Product to the battery on Your Vehicle and from whom You purchased the Product. • TERM – The Term of this Product Limited Warranty which shall start on the Product Purchase Date listed on the Schedule Page and remain in effect for Your Lifetime or until You are no longer the owner of the Vehicle, or the replacement battery in the Vehicle has not had the Product applied. • Validation Period – For vehicles that are 2 or more model years old or have more than 24,000 miles, this Product Limited Warranty is subject to a Validation Period of time, which begins on the date (as listed on the Schedule Page) that You purchased the Product. There is no Coverage during the Validation Period. Coverage begins upon the expiration of the Validation Period. The Validation Period expires when the time of Your Validation Period as listed on the Schedule Page has elapsed. • VEHICLE – The Vehicle covered by the terms and conditions of this Product Limited Warranty as listed on the Schedule Page. SCHEDULE COVERAGES This Product Limited Warranty guarantees that the Product, when properly applied to Your battery, will prevent corrosion and parasitic amperage draw to the battery by protecting all surfaces from corrosion-causing acid fumes, allowing it to function normally. If during the Term of this Product Limited Warranty, Your Vehicle’s treated battery is determined to be functioning improperly and has insufficient charge to be diagnosed, We will test Your battery and provide a replacement battery per the terms and conditions of this Product Limited Warranty. All batteries must be charged and tested before being replaced. If the battery passes, it will be returned to service. If the battery fails, it will be replaced subject to all terms and conditions listed herein. This Product Limited Warranty provides coverage up to the battery replacement Benefit per occurrence listed on the Schedule Page. Replacement batteries will be of the same type as the Original Battery and will be covered, provided the Product is applied to the replacement battery, for the remainder of the Term of this Product Limited Warranty. This Product Limited Warranty commences on the Product Purchase Date and upon expiration of the Validation Period as indicated on the Schedule Page and expires on the date when You sell, end a lease (if applicable), or otherwise cease to own the Vehicle. If the Seller is no longer in business, please contact the Administrator for Your options. ROADSIDE ASSISTANCE REIMBURSEMENT In the event Your Vehicle will not start due to a weak or “run-down” Covered Battery, We will reimburse You for a service provider to boost or jump-start the battery. Jump start service will be provided as follows: Once the Covered Battery manufacturer warranty has expired, You will be allowed two (2) complimentary jumpstarts during the term of this Product Limited Warranty. Reimbursement amount is up to sixty dollars ($60.00) per occurrence up to a maximum payout of one hundred twenty dollars ($120.00). Any roadside assistance coverage held by You, whether offered by the vehicle manufacturer or a third-party motor club, must be used before this Product Limited Warranty benefits are provided. If You obtain roadside assistance, and it is determined that Your concern is not covered under this Product Limited Warranty, You will be responsible for the cost of the service call. If mobile battery replacement is performed as a result of an Assistance Call, services rendered will count as one (1) Jump-Start Service. Information must be mailed within thirty (30)
Page | 3 FTG-LTBAT-PLW 08.2024 days of the roadside assistance service to the Administrator. Roadside Assistance is only available when the Product has been purchased and properly applied to the battery of Your Vehicle. EXCLUSIONS - WHAT IS NOT COVERED This Product Limited Warranty does NOT provide coverage for any of the following: 1) Battery hold-downs not used properly or not torqued per the BCI Service Manual recommendations, leading to excessive battery vibration or battery damage due to over torque 2) Low electrolyte levels for batteries which require maintenance. 3) Accelerated corrosion/low electrolyte level due to exposure to excessive temperatures 4) Batteries that have been refilled with any substance besides distilled water that may have contaminated the battery 5) Batteries not maintained at a sufficient state of charge during periods of both in-vehicle and out-of-vehicle storage 6) Batteries that have been subjected to excessive out-of-vehicle charging or to an uncontrolled in-vehicles charging system (i.e. faulty alternator) 7) Batteries that have been physically damaged, including a cracked, punctured, or deformed battery case or cover or broken or severely damaged battery terminals 8) Batteries with damaged terminals due to loose, inadequate, or high resistance connections 9) Batteries with loose or missing vents (non-sealed designs) 10) Batteries that have been installed and operated in reverse in Vehicle, leading to reverse battery polarity 11) Improper battery box or insufficient protection from the elements (i.e. rain, snow, or ice) 12) Batteries that have been operated in an application that it was not designed and/or marketed to support (e.g. Standard DLI batteries that are used in cycling applications) 13) Customizations to Vehicle with aftermarket accessories or equipment, components and systems not installed by the manufacturer that may cause additional drain on the battery, including, but not limited to: anti-theft systems, radar detectors, CB radios, radio/speaker equipment, cruise control, sunroof, solar powered devices, telephones, TV/VCR/DVD and related components, and appliances 14) Hybrid, electric, secondary and any auxiliary vehicle batteries 15) Any battery that has been damaged due to user error, abuse, or neglect 16) Any battery that was not treated with the Battery Protection Product 17) To any vehicle which is not listed in an approved market valuation guide; 18) For any damage that may have resulted from normal wear and tear or misuse of the Product; 19) For any damage if the Product is not installed properly. 20) Repairs or replacements made without prior authorization from the Administrator VEHICLES NOT COVERED This Product Limited Warranty DOES NOT provide coverage for any of the following vehicles: 1) Vehicles not certified for sale within the United States at the time of manufacture, salvaged vehicles, a vehicle whose title has been branded, or a vehicle that’s been declared a total loss; 2) Vehicles that are used for any Commercial Use or emergency services whatsoever; and 3) Vehicles used for on or off-road racing. LIMIT OF COVERAGE LIABILITY The Limit of Coverage Liability under this Product Limited Warranty for any one (1) battery replacement is the Benefit Amount indicated on the Schedule Page. The aggregate total of all benefits paid or payable during the term of this Product Limited Warranty shall not exceed the JD Power Official Used Car Guide or the actual cash value of Your Vehicle at the instant prior to the battery failure. If the JD Power Official Used Car Guide vehicle valuation is unavailable, not widely recognized or not commonly used in the geographic area, We may use another market retail valuation method. FILING A CLAIM In the event You require battery testing and replacement, return to the Seller. Prior authorization and to initiate the claims process, contact the Administrator at (855) 292-9309 We will not use remanufactured or used replacement parts. All approved claims will be submitted directly to the Seller or the entity on the repair Invoice if repairs were performed outside the Seller. We would like to contact You regarding the status and progress of Your claim via a text message. During Your initial claim contact with the Administrator, You will be asked to confirm Your acceptance of receiving text messages. You can opt-out of receiving text messages at any time by contacting the Administrator at 855-292-9309 or “Text STOP to end.” YOUR RESPONSIBILITIES Throughout the Term of this Product Limited Warranty, You must have the Covered Battery serviced exactly as the Covered Battery
Page | 4 FTG-LTBAT-PLW 08.2024 manufacturer recommends and any Failure cannot be due to Your negligence or abuse. Failure to implement these maintenance responsibilities will result in denial of coverage, therefore voiding this Product Limited Warranty. GENERAL PROVISIONS We may require You to assign Your rights of recovery against others in the event that We pay for any claim made under this Product Limited Warranty. We will not pay for any claim hereunder if You impair these rights of recovery. You may not waive Your right(s) to recover from others. CANCELLATION This Product Limited Warranty is non-cancellable and non-refundable. TRANSFER This Product Limited Warranty expires on the date on which You sell, end a lease (if applicable), or otherwise cease to own the Vehicle, therefore this Product Limited Warranty is non-transferable. FOR ASSISTANCE IN THE EVENT OF A CLAIM, OR FOR ANY OTHER QUESTIONS OR CONCERNS, CALL 855-292-9309 TOLL FREE. LIMITATION OF LIABILITY NOT ALL VEHICLES QUALIFY FOR COVERAGE UNDER THIS PRODUCT LIMITED WARRANTY. IF YOU RECEIVE THIS PRODUCT LIMITED WARRANTY IN ERROR (INCLUDING, BUT NOT LIMITED TO, ANY SALE THAT IS A RESULT OF A MISREPRESENTATION BY THE SELLER TO YOU), NEITHER THE WARRANTOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR ANY CLAIMS, UNDER THE TERMS AND CONDITIONS HEREIN. HOWEVER, YOU WILL BE ENTITLED TO RECEIVE A FULL REFUND OF THE PRODUCT PURCHASE PRICE, IF THE VEHICLE LISTED ON SCHEDULE PAGE OF THIS PRODUCT LIMITED WARRANTY IS INELIGIBLE FOR COVERAGE, UNDER THE TERMS AND CONDITIONS OF THIS PRODUCT LIMITED WARRANTY. THE FOREGOING REPRESENTS THE WARRANTOR AND ADMINISTRATOR’S SOLE AND EXCLUSIVE LIABILITY TO YOU, IF THIS PRODUCT LIMITED WARRANTY IS PROVIDED FOR AN INELIGIBLE VEHICLE. FOR ALL ELIGIBLE VEHICLES, THIS PRODUCT LIMITED WARRANTY SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES. NEITHER THE WARRANTOR NOR THE ADMINISTRATOR SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE VEHICLE, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACTS OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE WARRANTOR NOR THE ADMINISTRATOR AUTHORIZE ANY PERSON, ENTITY, OR DEALER TO CREATE FOR THEM ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT LIMITED WARRANTY. OBLIGATIONS Obligations under this Product Limited Warranty are insured under an insurance policy issued by Lyndon Southern Insurance Company, 10751 Deerwood Park Blvd., Ste. 200, Jacksonville, FL 32256, (800) 888-2738. In the event the Warrantor fails to pay an authorized claim within sixty (60) days, or if the Warrantor becomes insolvent or ceases to conduct business during the Term of this Product Limited Warranty, You may file a direct claim with the insurer as designated above. To do so, please call the following number for instructions: (800) 888-2738. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION Agreement AND Class Action Waiver, INCLUDING THE OPT-OUT PROVISION, CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BE RESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN A CLASS ACTION. Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this Product Limited Warranty), You, We, and the Administrator/Guarantor (the “Parties”) are agreeing to submit any and all Claims to binding arbitration on an individual basis for resolution. This Arbitration Agreement and Class Action Waiver sets forth the terms and conditions of Our agreement to binding arbitration. The Parties agree that any and all claims, disputes and controversies related in any way to this Product Limited Warranty, including but not limited to claims related to the underlying transaction giving rise to this Product Limited Warranty, or claims related to the sale, financing, or fulfillment of this Product Limited Warranty (collectively, “Claims”), shall be resolved by final and binding arbitration. “Claims” shall be given the broadest meaning possible and includes, without limitation, Claims arising under agreement, tort, statute, regulation, rule, ordinance or other rule of law or equity, and Claims against any of Our or the Administrator’s owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, agents, successors, or assigns. “Claims” does not include a statutory claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You are a California resident or that You purchased Your Product Limited Warranty in California. In arbitration, Claims are resolved by an arbitrator and not by a judge or jury. THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY. In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration Agreement,
Page | 5 FTG-LTBAT-PLW 08.2024 including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid. Notwithstanding this agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related to this Product Limited Warranty. The Parties agree and acknowledge that the transaction evidenced by this Product Limited Warranty affects interstate commerce. The Parties further agree that all issues relating to this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to this Arbitration Agreement and Class Action Waiver, then the law of the state where You purchased the Product Limited Warranty shall apply, without regards to conflicts of law. Class Action Waiver. All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on Your behalf. The arbitrator may not consolidate more than one person or entity’s claims and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration Agreement shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the “Code”). Information on AAA and a copy of the Code may be found at the following number and URL: American Arbitration Association, (800) 778-7879, www.adr.org. The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Product Limited Warranty shall apply, without regards to conflicts of law. The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. If Your total damage claims (not including attorney’s fees) do not exceed $25,000, then all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, You have a right to attend the arbitration hearing in person, and You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum. If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum. For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay if You filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that any of Your claims are frivolous, You shall bear all of the Arbitration Costs. If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Product Limited Warranty or any other Agreement, this Arbitration Agreement and Class Action Waiver governs. OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS Product Warranty (THE DATE OF PURCHASE BEING INDICATED ON YOUR Product Limited Warranty). To opt out, You must send written notice
RkJQdWJsaXNoZXIy NzU3OTQ=