Can an arbitration provision bind someone who bought through a reseller?
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Can an arbitration provision bind someone who bought through a reseller?
The Terms of Use contain no arbitration provision; they set a court process.
They state that Nevada law and applicable United States federal law govern, that before filing a lawsuit the claimant must send written notice describing the material facts, the legal basis and the relief requested, that neither party may file for 30 days after receipt, and that any lawsuit must be filed in the state courts located in Clark County, Nevada, or in the United States District Court for the District of Nevada. They state that mandatory consumer rights that cannot be waived remain in force, and that if mandatory consumer law gives a consumer the right to use another court, that right controls.
These Terms cover the Site and Site Content. They do not govern the sale, delivery, installation, return, warranty, or use of a finished product, and a purchase from a separate online store is governed only by the terms presented there. The Terms of Use name two such stores, shop.cpolartechnologies.com and shopusa.cpolartechnologies.com; those two stores are C-POLAR's own. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use, sections 1, 6 and 16, https://cpolar.tech/terms/.
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