Vizio D32x-D1 Quickstart Guide English - Page 25

In Lieu Of Any Other Remedy For Any And All Losses And Damages Resulting From Any Cause

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

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