BY PURCHASING THIS PRODUCT, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE WITH CONTOUR PRODUCTS, INC. (“Contour”) CONCERNING THE PRODUCT SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ARBITRATION CANNOT BE JOINED WITH ANOTHER ARBITRATION, WHETHER THROUGH CLASS ACTION ARBITRATION PROCEEDINGS OR OTHERWISE. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND TO PRESERVE YOUR RIGHT TO SUE AND TO PARTICIPATE IN A CLASS ACTION. THE OPT OUT PROCEDURE IS DISCUSSED IN THE “OPT OUT PROCEDURE” SECTION BELOW.
WAIVER OF RIGHT TO SUE. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO FILE SUIT IN ANY COURT, TO A COURT HEARING, JUDGE TRIAL AND JURY TRIAL
CLASS ACTION WAIVER:
To the maximum extent permitted by law, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
DISPUTE RESOLUTION PROCEDURE:
If you have a dispute with Contour Products or Contour Pillow, you agree to first contact Contour Products, Inc. to discuss the matter. If we cannot resolve the dispute informally, it shall be resolved by arbitration. You may start the arbitration process by submitting a written demand to the American Arbitration Association ("AAA") and sending us a copy. Contour will pay all filing costs. A single arbitrator of the AAA will conduct the arbitration in a location convenient to you or telephonically. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. For more details, visit Contour’s Terms & Conditions, at www.contourliving.com/terms-and-conditions
For Canadian residents: This arbitration agreement is governed by Canadian law. Arbitration would take place in a location convenient to you in Canada or telephonically.
OPT OUT PROCEDURE:
You have thirty (30) days from the date of product delivery to opt out of arbitration. To opt out of arbitration you must contact us and request to opt out of arbitration. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration and you will have waived your right to sue and your right to participate in a class action.
SEVERABILITY:
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that provision or part so found, and not the entire agreement, will be inoperative.
TO CONTACT CONTOUR PRODUCTS, INC. : 1-800-950-0230 ext 2400 (phone), 704-527-8896 (facsimile), arbitration@contourliving.com or Contour Products, Inc.,
1430 West Pointe Drive, Suite K, Charlotte, NC 28214.
