Vizio D32hn-E0 User Manual English - Page 47

D will cover all additional administrative fees and expenses. VIZIO waives its residence (if in the United States) or in Orange County, California. In such remain in effect. If the class action waiver is found to be unenforceable, right to recover attorneys' fees in connection with any arbitration under case the provisions of the section titled "Binding Arbitration Agreement; then the entire section titled "Binding Arbitration Agreement; Class Action this warranty. If you are the prevailing party in an arbitration to which Class Action Waiver (U.S. Residents)" will not apply. Waiver (U.S. Residents Only)" will not apply. This warranty applies to the the Supplementary Procedures for Consumer-Related Disputes applies, maximum extent not prohibited by law. then you are entitled to recover attorneys' fees as the arbitrator may Exclusions and Limitations determine. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE Changes to Warranty The dispute will be governed by the laws of the state or territory in which NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE. This warranty may change without notice, but any change will not affect you resided at the time of your purchase (if in the United States). The ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF your original warranty. Check www.vizio.com for the most current version. place of arbitration will be Irvine, California, or your county of residence MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE (if in the United States). The arbitrator will have no authority to award LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. punitive or other damages not measured by the prevailing party's actual SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW damages, except as may be required by statute. The arbitrator will not LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY award consequential damages, and any award will be limited to monetary NOT APPLY TO YOU. damages and will include no equitable relief, injunction, or direction to VIZIO WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF any party other than the direction to pay a monetary amount. Judgment INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR on the award rendered by the arbitrator will be binding and final, except LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR for any right of appeal provided by the Federal Arbitration Act, and may CONSEQUENTIAL DAMAGES, EVEN IF VIZIO HAS BEEN ADVISED OF THE be entered in any court having jurisdiction. Except as may be required by POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS law, neither you nor VIZIO nor an arbitrator may disclose the existence, ESSENTIAL PURPOSE. SOME STATES AND PROVINCES DO NOT ALLOW content, or results of any arbitration under this warranty without the THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL prior written consent of you and VIZIO. DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, TO YOU. WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. VIZIO AND YOU IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING VIZIO'S DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), VIZIO MAY, PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. AT ITS SOLE AND EXCLUSIVE OPTION AND IN ITS DISCRETION, REPAIR NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING NOTED, SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ARBITRATION OR PROCEEDING. ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Exceptions to Binding Arbitration Agreement and Class Action Waiver IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION How the Law Applies AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify This warranty gives you specific legal rights, and you may also have other VIZIO in writing within sixty (60) days of the date that you purchased the rights, which vary from state to state and province to province. This product; (2) your written notification must be mailed to VIZIO at 39 Tesla, warranty applies to the greatest extent permitted by applicable law. Irvine, CA 92618, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased General the product, and (d) a clear statement that you wish to opt out of the No employee or agent of VIZIO may modify this warranty. If any term of this binding arbitration agreement and class action waiver. warranty, other than the class action waiver, is found to be unenforceable, In addition, you may pursue a claim in small claims court in your county of that term will be severed from this warranty and all other terms will 47