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Canada (English)
arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with
reviewing the Dispute and making a nal and binding determination to resolve it instead of having the Dispute decided
by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and HTC agree that any Dispute arising out of or re-
lated to this Limited Warranty, is personal to you and HTC and that such Dispute will be resolved solely through individual
arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You
and HTC agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute
as a representative of another individual or group of individuals. Further, you and HTC agree that a Dispute cannot be
brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any
other individual or group of individuals.
Notice; Informal Dispute Resolution. You and HTC agree that each party will notify the other party in writing of any
arbitrable or small claims Dispute not less than thirty (30) days of the date it arises, so that the parties can attempt in
good faith to resolve the Dispute informally. Notice to HTC shall be sent to HTC Arbitration Program Administrator, 308
Occidental Avenue, Suite 300, Seattle, WA 98104. Your notice must include (a) your name, postal address, telephone
number, the email address you use or used for your HTC account or, if dierent or if you have no HTC account, an email
address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and
(c) the specic relief that you are seeking. Our notice to you will be sent electronically to the email address you use or
used for your HTC account, where available, and will include (a) our name, postal address, telephone number and an email
address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature
or basis of the Dispute, and (c) the specic relief that we are seeking. If you and HTC cannot agree how to resolve the
Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or HTC may, as ap-
propriate and in accordance with this Limited Warranty, commence an arbitration proceeding or, to the extent specically
provided for above, le a claim in small claims court.
Process. Except for Disputes in which either party seeks to bring an individual action in small claims court, you and HTC
agree that any Dispute must be commenced or led by you or HTC within one (1) year of the date the Dispute arose,
otherwise the underlying claim is permanently barred (which means that you and HTC will no longer have the right to
assert such claim regarding the Dispute). You and HTC agree that the arbitration shall be according to the American
Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”), except insofar
as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to
arbitrate. For claims of $5,000 or less, You may decide whether You would prefer to have the arbitration decided based
only on documents submitted to the arbitrator, or by a hearing in person or by phone. The arbitration shall be held in
King County, Washington and the state and federal courts located in King County, Washington have exclusive jurisdiction
over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court
located in the U.S. county of your residence if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator. As limited by the Federal Arbitration Act, this Agreement and the applicable AAA rules, the
arbitrator will have the authority to grant any remedy that would otherwise be available in court, provided that the
arbitrator’s award may not exceed, in form or amount, the relief that a United States District Court could order under
the Limited Warranty; provided, however, that the arbitrator does not have the authority to conduct a class arbitration
or a representative action, which is prohibited by this Limited Warranty. Notwithstanding the AAA Rules, any decisions
concerning arbitrability of a particular dispute, including but not limited t
o whether a class arbitration is permitted by this
Limited Warranty, shall be resolved by a proper court in King County, Washington, rather than an arbitrator. Any dispute
concerning the enforceability of this agreement to arbitrate, or any part thereof, shall also be resolved by a proper court
in King County, Washington, rather than an arbitrator.