Ascend D10 Mode D'emploi page 30

ASCEND® Kayak Limited Warranty (continued)
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CLASS BASIS.
b) Arbitration is usually an informal proceeding in which disputes are
decided by one or more neutral arbitrators who receive the evidence at a
hearing and then issue a binding ruling in the form of an award. You and
we understand that in an arbitration, discovery is more limited than in a
court, and review by courts is very limited.
c) If either you or we intend to seek arbitration, such party must first
send to the other party, by certified mail, a written Notice of Dispute (a
"Notice"). Any Notice that you send to us must be addressed to General
Counsel, White River Marine Group, LLC, 2500 East Kearney Street,
Springfield, MO, 65898 (the "Notice Address"). Any Notice that we send
to you will be sent to the contact information that we have on file for
you. Any Notice must (i) describe the nature and basis of the dispute,
claim, or controversy and (ii) set forth the specific relief sought. If you
and we do not reach an agreement to resolve the dispute, claim, or
controversy within 30 days after the Notice is received, you or we may
commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by you or we shall not be disclosed to the
arbitrator until after the arbitrator determines the amount, if any, to
which you or we are entitled.
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d) You and we agree, upon written demand made by you or us, to submit
to binding arbitration of any and all disputes, claims, and controversies
between you and us, whether based on statute, regulation, constitution,
common law, equity, or any other legal basis or theory, and whether
pre-existing, present, or future, that arise out of or relate to this Limited
Warranty and/or your purchase of the ASCEND kayak, including contract
disputes, tort claims, fraud claims, fraud-in-the-inducement claims,
misrepresentation claims, statutory claims and/or regulatory claims
arising out of or relating to this Limited Warranty or your ASCEND kayak
(including, to the fullest extent permitted by applicable law, relationships
with third parties who are not parties to this Limited Warranty or this
arbitration provision), or the scope or enforceability of this Limited
Warranty, including the determination of the applicability of this
agreement to arbitrate, and/or any other relationship or dispute between
you and us (each a "Claim", and collectively the "Claims"). Any and all
Claims shall be submitted for binding arbitration in accordance with the
Consumer Arbitration Rules of the American Arbitration Association (the
"AAA Rules"), as amended, in effect at the time arbitration is initiated.
The AAA Rules are available online at www.adr.org or by calling (800) 778-
7879. In the event of any inconsistency between this arbitration provision
and the AAA Rules, such inconsistency shall be resolved in favor of this
provision.