ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT
BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE
“PRODUCTS”) FOR MORE THAN THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN
THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES
BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR
AND/OR SELLER OF THIS PRODUCT (COLLECTIVELY, “COMPANY”), MUST BE RESOLVED
THROUGH BINDING ARBITRATION AND NOT IN COURT. IT ALSO PROVIDES THAT ANY
DISPUTE CANNOT BE RESOLVED IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU
REPRESENT OTHER PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS
OR REPRESENTATIVE ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS
IN THIS AGREEMENT.
1. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising
out of or relating in any way to the Product or this Agreement shall be resolved through final, binding
arbitration. This arbitration obligation is reciprocally binding on both you and the Company and applies
regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability,
negligence, violation of a statute, or any other legal theory. Both you and Company specifically
acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes
and to have such lawsuit resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis,
and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this
Agreement specifically prohibits you and the Company from commencing arbitration proceedings as a
representative of others or joining in any arbitration proceedings brought by any other person. The parties
agree that no class or representative actions of any type are permitted.
3. ARBITRATION PROCEDURES.
a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the
Company to try to resolve the matter by calling 800.218.3560, although you are not required to do so.
b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the
expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those
Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules
and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com. The
arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who has at
least five years of experience conducting arbitrations. c. The arbitration of any claim or dispute under this
Agreement shall be conducted in the State of California or the location in which you received this
Agreement. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person,
by telephone, or based only on submissions. d. The Company shall pay costs for the arbitration of claims,
including any JAMS Case Management Fee and all professional fees for the arbitrator’s services. The
Company shall pay the fees and costs of its own counsel, experts and witnesses and shall not be able to
recoup them from you even if you do not prevail in the arbitration. Unless otherwise provided by law, you
acknowledge and agree that you shall pay the fees and costs of your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this
Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the
parties acknowledge that this Agreement involves a transaction conducted in interstate commerce.
Otherwise, this Agreement and the rights of the parties hereunder shall be governed by and construed
in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
5. SEVERABILITY.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such
provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the
remainder of the provision and all other provisions shall remain fully enforceable.
ONE YEAR LIMITED WARRANTY
Your Shake ’N Take®sports bottle blender is warranted to be free from defects
in materials and workmanship for one year from the original purchase date.
Should the product have a defect in materials or workmanship, we will repair or
replace it without charge to you (a shipping and processing fee will apply). To
obtain service under warranty, simply call our customer service center toll-free
at 1.866.342.7809.
This warranty does not cover damage caused by accident, misuse or any use
other than as intended and described in this product manual, or damage
resulting from failure to maintain and clean this product as specified in this
product manual. This warranty applies only to the original purchaser of the
Shake ’N Take®sports bottle blender.
ALL EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY
PERIOD, AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL
APPLY AFTER THIS PERIOD.
Some states do not allow limitations on the duration of implied warranties, so the
above limitation may not apply to you. While this warranty gives you specific
legal rights, you may also have other rights which may vary from state to state.
Contact Info for Warranty Service:
Ideal Products, LLC
P.O. Box 9169 | Van Nuys, CA | 91409
1.866.342.7809 | www.shakentake.com
© 2006 Ideal Products, LLC. All rights reserved.
U.S. Patent No. D499,603. Chinese Patent Nos. ZL200430060000.8; ZL 200530014412.2. European Registered Design No. 189550-0001. Hong Kong
Patent Nos. 0411354.6; HK1063978. Taiwan Patent Nos. D106386; M258697. Additional patents pending worldwide.
