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,
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