The Terms and Conditions of Sale and Dispute Resolution/Arbitration Agreement below are binding agreements between you and Roomstogo.com, Inc., which is referred to as "RTG," "we" or "us." "You" means any person or entity who makes this purchase or on whose behalf the purchase is made and any privies, and any person or entity who receives, accepts, or uses the purchased products or services. All such persons and entities are expressly intended beneficiaries of the Dispute Resolution/Arbitration Agreement. The Limited Product Warranty is a binding agreement between the original purchaser and RTG. The Terms and Conditions of Sale, Limited Product Warranty and Dispute Resolution/Arbitration Agreement are expressly intended for the benefit of all Rooms To Go affiliates and their parent companies, subsidiaries, divisions, shareholders, members, directors, officers, employees, representatives, predecessors, successors, and assigns. These three agreements may not be changed except by a signed written agreement. If any part of any of these three agreements is found invalid or unenforceable, then the other parts shall remain in full force and effect, except that if any part of Section 2 of the Dispute Resolution/Arbitration Agreement is found invalid or unenforceable, then Sections 1 and 3 of the Dispute Resolution/Arbitration Agreement will be null and void.
We warrant that the purchased merchandise will be free from defects in material and workmanship for a period of ONE YEAR from the date of delivery. This Limited Warranty applies to the original purchaser only, and only for merchandise which has remained at the original non-commercial delivery site. To obtain service under this Limited Warranty, the original purchaser must give us written notice of the defect within the one year warranty period. Service under this Limited Warranty may be obtained by calling 1-800-766-6786. This Limited Warranty does not cover: 1) wear, fading, or shrinkage of any fabrics; 2) damage due to alterations, misuse, abuse, or accidents; 3) damage or discoloration caused by sunlight or artificial light; 4) natural variations in the color or graining of leather, wood or wood products; and 5) ridges or rough areas in marble or variations in its color or graining. If the purchased furnishings are not free from defects in material and workmanship for the duration of this Limited Warranty, we will at our option, either (i) refund the purchase price in exchange for return of the merchandise, or (ii) repair or replace the non-conforming merchandise. Except to the extent expressly prohibited by law, we are not liable for any consequential or incidental damages for breach of this or any other warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. All disputes arising under this Limited Warranty are subject to the Dispute Resolution/Arbitration Agreement. THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE LIMITED WARRANTY DESCRIBED ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES THE ORIGINAL PURCHASER SPECIFIC LEGAL RIGHTS, AND THE ORIGINAL PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You and RTG waive the right to a trial by jury and any right to have a Dispute heard in court. In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at www.adr.org or by calling 1-800-778-7879. You and RTG agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Agreement.
Arbitration Class Action Waiver: You and RTG agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section 2 invalid or unenforceable, then Sections 1 and 3 of the Agreement will be null and void.
Fees and Costs in Arbitration: If your total damage claims are $25,000 or less, not including your attorneys' fees: (1) the arbitrator may award you your reasonable attorneys' fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award RTG its attorneys' fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) RTG will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 400 Perimeter Center Terrace, Suite 800, Atlanta, GA 30346 before you initiate arbitration, pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys' fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys' fees, expert fees, and costs. In arbitrations conducted under AAA's Consumer Arbitration Rules, (a) RTG will bear the arbitrator's fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.
Non-Arbitration Class Action and Jury Waiver: You and RTG agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and RTG waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor RTG may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
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