You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.Ī. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.Ģ. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Any claim or dispute between you and us, or any of our subsidiaries or affiliates, arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST RETURN THE PRODUCT WITHIN FIFTEEN (15) DAYS OF YOUR RECEIPT OF THE PRODUCT.ġ. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES. PLEASE READ THIS AGREEMENT CAREFULLY.īY ORDERING A PRODUCT FROM EPI (individually or plural herein after defined as a “Product”), YOU UNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN US CONCERNING SUCH PRODUCT SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AS SUCH, YOU WAIVE YOUR RIGHT TO A JURY TRIAL. THIS AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. THIS ARBITRATION AGREEMENT (“Agreement”) SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS REGARDING THE PRODUCT(S) YOU PURCHASE FROM EXCEPTIONAL PRODUCTS, INC. reserves the right to not honor the warranty replacement of your Trumpy Bear upon making the determination the purpose for replacement does not meet the terms of the warranty described herein. To return your Trumpy Bear to receive a replacement return shipping costs are to be paid by the sender. By making the purchase of Trumpy Bear the user accepts all terms described herein. disclaims any other warranties, express or implied. be liable for more than the amount of the purchase price, not to exceed the MSRP and excluding sales tax, shipping and handling charges.Įxceptional Products, Inc. In no event will Exceptional Products, Inc. will not be held liable to you or any other third party for any injury or damages arising out of the use of this item. Should you encounter any defects with your Trumpy Bear will promptly replace your Trumpy Bear as described in the preceding paragraphs. The warranty does not cover the zipper and all parts attached to the items that are subject to normal use, wear and tear. ![]() This warrant does not cover damage caused by: improper use, care and cleaning, storage, fading, modifications, unauthorized repairs, improper storage, loss, theft or any intentional damage inflicted on Trumpy Bear. This warranty covers defects related to the manufacturing of the item that render it unsafe or unusable as a result of normal use and care as specified. ![]() If you discover a defect with your Trumpy Bear that is specifically covered by this warranty Exceptional Products, Inc. ![]() warrants your Trumpy Bear to be free from defects in material and workmanship for 90 days. ![]() Terms & Conditions and Arbitration AgreementĮxceptional Products, Inc.
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