Ascend D10 Mode D'emploi page 32

ASCEND® Kayak Limited Warranty (continued)
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by applicable disclosure rules and regulations of securities regulatory
authorities or other governmental agencies.
i) Demand for arbitration under this arbitration provision must be filed
before the date when any judicial action upon the same Claim would
be barred under any applicable statute of limitations; otherwise, the
Claim is also barred in arbitration. Any dispute as to whether any statute
of limitations, estoppel, waiver, laches, or other doctrine bars the
arbitration of any Claim shall be decided by arbitration in accordance
with this provision.
j) Neither you nor White River may act as a class representative or private
attorney general, nor participate as a member of a class of claimants,
with respect to any Claim. The Claims may not be arbitrated on a class
or representative basis. The arbitrator can decide only your and/or
White River's individual Claims. The arbitrator may not consolidate
or join the claims of other persons or parties who may be similarly
situated. Accordingly, you and we agree that the AAA Supplementary
Rules for Class Arbitrations do not apply to our arbitration. This
arbitration provision and the procedures applicable to the arbitration
contemplated by this provision are governed by the Federal Arbitration
Act, notwithstanding any state law that may be applicable.
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k) This arbitration agreement does not preclude you or us from seeking
action by federal, state, or local government agencies. You and we also
have the right to exercise self-help remedies, such as set-off, or to bring
qualifying claims in small claims court. In addition, you and we retain
the right to apply to any court of competent jurisdiction for provisional
or ancillary relief, including pre-arbitral attachments or preliminary
injunctions, and any such request shall not be deemed incompatible
with the terms of this Limited Warranty, nor a waiver of the right to have
disputes submitted to arbitration as provided in this provision.
l) You may choose to opt out of these arbitration procedures within
30 days from the date you purchase your ASCEND product ("Opt
Out Deadline"). You may opt out of these arbitration procedures by
completing the opt-out form located at www.ascend-kayaks.com/
arbitrationoptout and sending the opt-out form by U.S. first-class mail,
postage prepaid, to the following notice address: White River Customer
Service, Attn: Arbitration Director, White River Marine Group, LLC, 2500
East Kearney Street, Springfield, Missouri 65898. Any opt-out received
after the Opt Out Deadline will not be valid and you must pursue your
Claims in arbitration or small claims court.
m) A court may sever any portion of this Section 9 that it finds to be
unenforceable, except for the prohibitions on any Claim being handled