A. Arbitration, Waiver of Jury Trial and Waiver of Class Action
Segway and you agree that any dispute, controversy, or claim arising out of, related to or in connection with this Policy and Segway’s practice and/or activities of data collection, usage and disclosure, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party.
The arbitration shall be conducted by the American Arbitration Association (AAA) according to its Commercial 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. The arbitration tribunal shall have the power to rule on any challenge to its jurisdiction or to the validity or enforceability of any portion of the Policy to arbitrate. Any decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction. You waive the right to have your claim heard in a court of law and by a jury.
You waive the right to participate in class actions arising from or relating to all claims and disputes with Segway. You agree to arbitrate solely on an individual basis and that this Policy 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 the arbitration clause will remain in force.
Opt-out of Arbitration
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, OR THE DATE OF YOUR FIRST PROVISION OF PERSONAL INFORMATION TO SEGWAY, WHICHEVER COMES EARLIER. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO SEGWAY AT PRIVACYLEGAL@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; AND (B) THE DATE ON WHICH YOU FIRST VISITED SEGWAY WEBSITE OR PROVIDED PERSONAL INFORMATION TO SEGWAY. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT- OUT LETTER TO SEGWAY AT SEGWAY INC, P.O. BOX 661805, ARCADIA, CA 91066, USA VIA CERTIFIED MAIL WITHIN THE SAME TIME WINDOW. THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE.
Choice of Law
The Federal Arbitration Act governs this arbitration clause. This Polic evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.
Arbitration Procedure
The following is a description of the arbitration process A. 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 Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Dispute.
• 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 with a written settlement offer, 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.
• 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 statemen detailing why you are entitle to relief.
• Send Segway Your Demand for Arbitration. You can send Segway your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., P.O. Box 661805, Arcadia, CA 91066. Please keep a copy of your notice for your record.
• 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.
• 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’ll have seven (7) days to inform the AAA.
• 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. 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 doesn’t 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.
• 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.
Confidentiality
The parties agree to keep strictly confidential any conduct, communication, and information disclosed and/or communicated to the other party under this Section 8.A. “Arbitration, Waiver of Jury Trial and Waiver of Class Action” 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.
B. Changes to Our Privacy Policy
We may change our privacy policy if we deem it necessary. Your continued use of our website and/or provision of your personal information to us through online or offline channels after changes is deemed as your acceptance thereof. You are advised of the need to check updates.
If you have any questions or comments about this Policy, please do not hesitate to contact us at:
Phone: 1-866-4SEGWAY (866-473-4929)
Website: https://www.segway.com/explore/contact-us.html
Email: privacylegal@segway.com
Postal Address: Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Legal, Privacy.
If you need to access this Policy in an alternative format due to having a disability, please contact privacylegal@segway.com and call 1-866-4SEGWAY (866-473-4929).