Ascend D10 Mode D'emploi page 33

ASCEND® Kayak Limited Warranty (continued)
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on a class or representative basis, and the remaining portions of this
arbitration provision will remain valid and enforceable. No waiver of
any provision of this Section 9 will be effective or enforceable unless
recorded in a writing signed by the party waiving such a right or
requirement. Such a waiver shall not waive or affect any other portion of
this Limited Warranty.
n) THIS SECTION 9 LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO
MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT
TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM,
THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA
RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
OTHER RIGHTS THAT YOU OR WHITE RIVER WOULD HAVE IN COURT ALSO
MAY NOT BE AVAILABLE IN ARBITRATION.
10. Choice of Law; Jurisdiction and Venue. Except as set forth
above, this Limited Warranty shall be governed exclusively by, and
construed exclusively in accordance with, the internal laws of the state
of Delaware without reference to the choice of law or conflicts of law
principles thereof, and all claims relating to or arising out of this Limited
Warranty, or the breach thereof, whether sounding in contract, tort or
otherwise, shall likewise be governed exclusively by the laws of the
state of Delaware without reference to the choice of law or conflicts
of law principles thereof. To the extent any action is permitted under
the provisions above to be heard in a court of competent jurisdiction,
such action shall take place in the state or federal courts sitting in Kent
County, Delaware, the parties hereby waiving any claim or defense that
such forum is not convenient or proper. Each party agrees that any such
court shall have in personam jurisdiction over it for any such action, and
each party consents to service of process in any manner authorized by
Delaware law.
11. Your Legal Rights. This Limited Warranty gives you specific legal
rights, and you may also have other rights which vary from state to state.
To the extent any limitation or exclusion contained herein is contrary to
any applicable law, such limitation or exclusion shall be severable and all
other terms herein shall remain in full force and effect and are valid and
enforceable.
12. Other Information. For all inquiries regarding you ASCEND kayak,
please call 417.873.5034 from 9AM—5PM Central Time.
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