This is a binding legal agreement between you and Zinus. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
By purchasing and using the product, you accept and agree to resolve any disputes through individual arbitration as described below, unless you opt out of this dispute resolution procedure within 30 days of purchase as described below.
You and Zinus agree that, except for disputes that qualify for small claims court, any disputes arising out of or relating to your purchase and use of your Zinus product or the condition or performance of your Zinus product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding individual arbitration by a neutral arbitrator, instead of in court by a judge or jury. This applies to claims that may be asserted against Zinus, against any affiliate or employee of Zinus, or against any retailer from which you purchased your Zinus product, which shall be considered third-party beneficiaries of this agreement. You and Zinus agree that that any arbitration under this paragraph will take place on an individual basis, and mutually waive any right to sue in court, to have a trial by jury, and to bring or participate in a class action.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to their Streamlined Arbitration Rules & Procedures, which are available, together with instructions on bringing an arbitration, on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. JAMS arbitrations of consumer claims are subject to JAMS Consumer Arbitration Minimum Standards, which are available at http://www.jamsadr.com/consumer-minimum-standards. If you initiate arbitration against Zinus, the only fee for which you will be responsible is $250, which is less than most court filing fees; all other costs, including JAMS’s Case Management Fee and the arbitrator’s professional fees, will be borne by Zinus.
The arbitrator will have the authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement. The arbitrator will have the power to grant whatever relief would be available for your individual claim in a court under law or equity.
[Please note that you have the right to opt out of this procedure for resolving any disputes through arbitration by opting out within 30 days of your purchase of the Zinus product. Opting out is at no penalty to you and you may retain and use your Zinus product. To opt out, please send an email to [email protected] or hard copy letter to 5731 Promontory Pkwy, Tracy, CA 95377 ATT: Customer Service, that includes your name, address, email address, phone number, proof of purchase including date of purchase, and the statement “Opt Out of Arbitration.”]