Warranty

Arbitration. For any dispute with ATLAN SPACE, you agree to first contact us by Mail at ATLAN SPACE S.A., CFC TOWER, LOT 57, 5EME ETAGE AVENUE MAIN STREET, CASA ANFA, HAY HASSANI, 20230, Morocco and attempt to resolve the dispute with us informally by providing your name, address and contact information and describing the nature of the dispute. In the unlikely event that ATLAN SPACE has not been able to resolve a dispute it has with you within 60 days of your original informal claim (or sooner if, in ATLAN SPACE’s opinion, a dispute is not likely to be resolved within 60 days), we each agree to resolve any claim, dispute, or controversy (excluding any ATLAN SPACE claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration before an arbitrator from “Centre International de Médiation et d’Arbitrage de Casablanca” (“CIMAC”) located in Casablanca, Morocco. CIMAC may be contacted at www.cimac.ma. The arbitration will be conducted in Casablanca, Morocco, unless you and ATLAN SPACE agree otherwise. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.

Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY ATLAN SPACE. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ATLAN SPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Right to Opt Out. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS AGREEMENT BY NOTIFYING ATLAN SPACE IN WRITING WITHIN 30 DAYS OF PURCHASE. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATLAN SPACE S.A., CFC TOWER, LOT 57, 5EME ETAGE AVENUE MAIN STREET, CASA ANFA, HAY HASSANI, 20230, MOROCCO AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR WARRANTED PRODUCT’S SERIAL AND PART NUMBER, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT.

Severability. If any clause herein is found to be illegal or unenforceable, that clause will be severed from this agreement and the remainder of the agreement will be given full force and effect. As noted above, if a class action waiver of both court and arbitration class actions is found unenforceable, class arbitration will be expressly allowed under the agreement.