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Arbitration Agreement

Table of Contents

  1. Binding Arbitration
  2. American Arbitration Association Arbitration
  3. Jurisdiction
  4. Waiver of Jury Trial
  5. Class Action / Class Arbitration Waiver
  6. Small Claim
  7. Opt-Out
  8. Procedure
  9. Federal Arbitration Act
  10. Survival 
  11. Severability
  12. Entire Agreement

PLEASE READ THIS DOCUMENT CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SSEGWAY HAVE AGAINST EACH OTHER ARE RESOLVED.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

 

THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY. 

 

THE CLAUSES CONTAINED HEREIN MAY AFFECT YOUR RIGHTS, AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT WITHIN 30 CALENDAR DAYS OF THE FIRST CONSUMER PURCHASE BY EMAILING OPTOUT@SEGWAY.COM AND PROVIDING THE APPLICABLE INFORMATION. FOR MORE DETAILS, PLEASE SEE SECTION 7.

 

  1. Binding Arbitration .

You and Segway each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and Segway, the manufacturer (“Ninebot”) and their affiliates (including but not limited to their parent company, subsidiary, affiliated companies, predecessor, subsequent company, administrators, successors, assigns, officers, directors, managers, employees, members, and shareholders) (collectively “Segway Parties”) that relate in any way to or arise out of  the Store.segway.com Sales of Goods Terms and Conditions, the Segway Website Terms of Service, your use of or access to Segway websites and online store, the actions of Segway or its agents, or any products sold, offered, or purchased through Segway online store, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party.

 

  1. American Arbitration Association Arbitration .

The arbitration shall be conducted by the American Arbitration Association (AAA) according to its Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “AAA Rules”). The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the “Liability Disclaimer and Limitation” clause herein subject to the applicable law. 

 

  1. Jurisdiction .

The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement .  The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than the filing of the answering statement to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on such objections as a preliminary matter or as part of the final award.

 

  1. Waiver of Jury Trial .

You waive the right to have your claim heard in a court of law and by a jury. To the extent permitted by law, all your claims and disputes related to subject matters herein shall be finally resolved by arbitration. In the event the arbitration clause is unenforceable and/or void to certain claims and/or disputes due to prohibition of law, the arbitration clause shall apply to the other claims and disputes. 

 

  1. Class Action / Class Arbitration Waiver .

You waive the right to participate in class actions arising from or relating to all claims and disputes with Segway or Segway Parties. You agree to arbitrate solely on an individual basis. This Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Agreement will remain in force. 

 

  1. Small Claim .

If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the AAA; (b) After a case is filed with the AAA, but before the arbitrator is formally appointed to the case by the AAA, a party can send a written notice to the opposing party and the AAA that it wants the case decided by a small claims court. After receiving this notice, the AAA will administratively close the case, and (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the AAA, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court.

 

  1. Opt-Out.

YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF YOUR FIRST USE AND/OR INTERACTION WITH OUR WEBSITE (FOR PRODUCT-RELATED MATTERS, IT SHALL BE THIRTY (30) CALENDAR DAYS AFTER THE DATE OF YOUR PURCHASE OF THE PRODUCT). TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO SEGWAY AT OPTOUT@SEGWAY.COM, WITH THE SUBJECT LINE: “ARBITRATION OPT-OUT.” THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE ON WHICH YOU FIRST VISITED SEGWAY WEBSITE OR ON WHICH THE PRODUCT WAS PURCHASED (IF APPLICABLE); (C) THE PRODUCT MODEL NAME OR MODEL NUMBER (IF APPLICABLE); AND (D) THE PRODUCT SERIAL NUMBER (IF APPLICABLE). ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT-OUT LETTER TO SEGWAY AT SEGWAY INC., SEGWAY INC. P.O. BOX 661805, ARCADIA, CA, 91066, USA VIA CERTIFIED MAIL WITHIN THE SAME TIME WINDOW. THE OPT-OUT LETTER SHALL CONTAIN THE SAME INFORMATION AS EMAIL AND AN STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS TO OPT-OUT THE DISPUTE RESOLUTION PROCEDURE AS PROVIDED BY THE ARBITRATION AGREEMENT. THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE. ELECTION TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE WILL NOT AFFECT THE COVERAGE OF THE LIMITED WARRANTY IN ANY WAY, AND YOU WILL CONTINUE TO ENJOY THE BENEFITS OF THE LIMITED WARRANTY. 

 

  1. Procedure.

The following is a description of the arbitration process:

  1. Mail a Notice of Dispute to Segway.  Before initiating an arbitration against Segway, you must first notify Segway of your dispute in good faith. Please include your contact information, your concerns, and the relief you intend to seek from Segway, and any information you believe would help resolve the dispute. Segway will review your Notice of Dispute to determine whether Segway may settle it with you to avoid arbitration. The notice should be sent by certified mail to Attention: Disputes, Segway Inc., P.O. BOX 661805, Arcadia, CA, 91066, USA. Please keep a copy of your notice for your records. 

 

  1. Wait 30 Days.  Segway will review your Notice of Dispute within thirty (30) days of Segway’s receipt of your Notice of Dispute. If you do not hear from Segway within thirty (30) days of its receipt of your Notice of Dispute, you may proceed with filing an arbitration claim against Segway. Should Segway provide you a written settlement, please keep this settlement offer because Segway and you will be required to show this settlement offer to the arbitrator. Notwithstanding the foregoing, such offer, if any, shall not be shown to the arbitrator until after the arbitrator’s determination on the merits of your claim. 

 

  1. Complete a Demand for Arbitration.  You can initiate arbitration by completing a Demand for Arbitration that includes a basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii) your description of the dispute; and (iii) your short statement detailing why you are entitled to relief. 

 

  1. Send Segway Your Demand for Arbitration.  You can send Segway your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., 405 E Santa Clara St., Arcadia, CA 91006. Please keep a copy of your notice for your record. 

 

  1. Send AAA Two (2) Copies of Your Demand for Arbitration.  The Demand for Arbitration includes the address that you are to send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, subject to amendment and/or update by AAA. You should also include a copy of this warranty policy and the appropriate filing fee. Segway will reimburse you for this filing fee, If you cannot afford to pay the filing fee, please contact Segway, and Segway will pay the filing fee for you if your claims seek a remedy less than $75,000. AAA has an online filing option that you can find on its website:  www.adr.org .

 

  1. AAA Appointment of Arbitrator.  If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and notify you and Segway of the arbitrator’s name and qualification. The AAA requires all arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties ’  attorneys. If the arbitrator has any such relationship, the AAA will inform Segway and you. If either you or Segway object to the AAA ’ s choice of arbitrator, we will have seven (7) days to inform the AAA. 

 

  1. Choose the Hearing You Would Like.  Unless you and Segway agree to have any arbitration hearings somewhere else, the arbitration will take place in Los Angeles County, California (or the county (or parish) that you purchase the product if the subject matter is related to your product). If your claim is for $10,000 or less, you may choose to have the hearing conducted by telephone or in-person. Alternatively, you may choose to proceed to conduct the entire arbitration through written correspondence with the arbitrator that does not include an interactive hearing. Once the AAA has commenced the arbitration, you have ten (10) days to inform the AAA of your choice of hearing. If you don’t make a choice, the AAA will conduct the arbitration by written correspondence without an interactive hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Those rules currently provide for an in-person hearing if your claim exceeds $10,000, but you and Segway may agree whether that hearing is in person or by telephone or whether to instead proceed with written correspondence. 

 

  1. Arbitrator’s Decision.  Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written correspondence, the arbitrator will render a written decision. That decision will include the essential findings and conclusions upon which the arbitrator based his or her award. Segway will immediately respond to the arbitrator notifying the arbitrator whether, and to what extent, Segway will abide by the decision, perform the obligations it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.

 

  1. Confidentiality. The parties agree to keep strictly confidential any conduct, communication, and information disclosed and/or communicated to the other party under Section 11, including but not limited to the existence of dispute resolution, mediation (if the parties agree to conduct mediation), settlement, arbitration, arbitral proceedings, submissions made by the parties and the decisions made by arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.

 

  1. Federal Arbitration Act.

The Federal Arbitration Act governs this arbitration clause. This Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.

 

  1. Survival .

This Arbitration Agreement shall survive upon termination or expiration of the Store.segway.com Sales of Goods Terms and Conditions and/or any agreements or terms and conditions incorporated herein or in the event that any incorporated agreements and/or terms and conditions is held as void, avoidable, invalid, or unenforceable, either in whole or part, by a competent adjudication institution with actual authority and jurisdiction over this matter.

 

  1. Severability .

If any provision of this Arbitration Agreement is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from this Arbitration Agreement and will not affect the validity or enforceability of the remaining provisions of this Arbitration Agreement.

 

  1. Entire Agreement .

This Arbitration Agreement, the Store.segway.com Sales of Goods Terms and Conditions, the Shipping T&C, the Return T&C, the Segway Website Terms of Service and the Privacy Policy (including CCPA Privacy Notice) shall be deemed the final and integrated agreement between you and Segway Inc. on the matters related to your use of Segway websites and your products purchased / received from Segway online store. These terms and conditions are integral parts of this Agreement and are incorporated herein: