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ARBITRATION TERMS AND CONDITIONS (“Terms”)
(1) Except as provided in these Terms, Plantronics and you agree to exclusively arbitrate all disputes and
claims between us other than those based on any intellectual property right, title or interest whatsoever,
including claims of infringement, directly or indirectly related to any and all Plantronics’ products,
components of, or materials in Plantronics products. In all other respects, these Terms pursuant to which you
agree to arbitrate disputes are intended to be broadly interpreted. These Terms include, but are not limited to:
tort, statute, fraud, misrepresentation or any other legal theory;
relating to advertising);
of a certified class;
unconscionability, duress and fraud.
References to “Plantronics,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees,
predecessors-in-interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries
of services or devices under these Terms or prior agreements between us. Notwithstanding the foregoing, either
party may bring an individual action in small claims court. These Terms do not preclude you from bringing
issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against
us on your behalf. You agree that, by agreeing to these Terms (or accepting these Terms by your use of
Plantronics products or services), you and Plantronics are each waiving the right to a trial by jury or to
participate in a representative or class action in a court of law and any arbitration proceeding. These
Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the
interpretation and enforcement of these Terms. These arbitration terms shall survive termination of these Terms.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, nationally recognized
overnight courier (such as Federal Express), or email (with delivery receipt requested), a written Notice of
Dispute (“Notice”). The Notice to Plantronics should be addressed to: (i) General Counsel, Plantronics, 345
Encinal Street, Santa Cruz, CA 95060 if by certified mail or overnight courier, or (ii) General Counsel at
general.counsel@plantronics.com if by email (“Notice Address”). The Notice must be submitted within one (1)
year of the earlier of (i) the date the claim or dispute actually arose, or (ii) the date you knew, or reasonably
should have known, of the basis, grounds, events or circumstances giving rise to the claim or dispute. If
Plantronics does not receive the Notice within the one (1) year period required, any right you have to arbitrate
your claim or dispute will be null and void and any request to arbitrate or litigate shall be dismissed with
prejudice by an arbitrator or court of competent jurisdiction. The Notice must (a) describe the nature and basis
of the claim or dispute and the date on which it occurred or you became of aware of it; and (b) set forth the
specific relief sought (“Demand”). Otherwise, if you timely submit a Notice but Plantronics and you are unable
to reach an agreement to resolve the claim within 30 days after the Notice is received, you or Plantronics may
commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by
Plantronics or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any,
to which you or Plantronics is entitled. You may download or copy a form Notice and a form to initiate
arbitration at http://www.plantronics.com/us/terms/arbitration-forms/.
(3) If you choose to initiate arbitration, you are responsible for paying your portion of the filing fee which is
currently $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are
financially unable to pay this fee, you may request Plantronics pay the initial filing fee on your behalf by written
request at the Notice Address. If you are determined to be the prevailing party in arbitration, the amount of the
filing fee will be deducted by the arbitrator from any amounts awarded to you. If Plantronics is determined to
be the prevailing party, such amount will be due and payable to Plantronics along with any other amounts
awarded by the arbitrator. The arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American
Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA
Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice
Address. (You may obtain information that is designed for non-lawyers about the arbitration process at
http://www.plantronics.com/us/terms/arbitration-information/.) The arbitrator is bound by these Terms. All
issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of these Terms
and intellectual property matters as indicated above are for the court to decide. Unless Plantronics and you agree
otherwise, any arbitration hearings for claims of $10,000 or less, will be conducted solely on the basis of (i)
documents submitted to the arbitrator, or (ii) through a telephonic hearing. If your claim exceeds $10,000, the
right to an in-person hearing will be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the award is based. Except as otherwise provided for herein, the parties will
initially split the cost of all AAA filing, administration, and arbitrator fees for any arbitration initiated in
accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your
claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed
by the AAA Rules. In such case, you agree to reimburse Plantronics for all monies previously disbursed by it
that are otherwise your obligation to pay under the AAA Rules.
(4) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and
expenses, including reasonable attorneys’ fees and costs, at any time during the proceeding and upon request
from either party made within 14 days of the arbitrator's ruling on the merits. If, after finding in your favor in
any respect on the merits of your claim, the arbitrator issues an award to you, the arbitrator may include in the
award reimbursement of all or a portion of those fees and expenses which you directly incurred in connection
with the pursuit of your claim as the arbitrator deems appropriate, including reasonable attorneys’ fees and
expenses, and Plantronics shall pay such award, subject to any rights to appeal Plantronics may pursue in
accordance with applicable law or the AAA Rules. If, after finding in Plantronics’ favor in any respect on the
merits of your claim, the arbitrator issues an award to Plantronics, the arbitrator may include in the award
reimbursement of all or a portion of those fees and expenses which Plantronics directly incurred in connection
with your claim as the arbitrator deems appropriate, including reasonable attorneys’ fees and expenses, and you
shall pay such award, subject to any rights to appeal you may pursue in accordance with applicable law or the
AAA Rules.
(5) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND
PLANTRONICS AGREE THAT NEITHER PARTY WILL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM
OR DISPUTE AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. If this specific provision is found to be unenforceable, then the entirety of these
Terms shall be null and void.
(6) If Plantronics makes any future change(s) to these Terms (other than a change to the Notice Address) during
any period of time in which you are entitled to receive or actually do receive services from Plantronics or its
partners, agents or representatives related in any way to the Plantronics product(s) (or components or ancillary
devices related thereto) including, without limitation, support or maintenance services, you may reject any such
change by sending Plantronics written notice within 30 days of the change to the Notice Address above. By
rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with
the language of these Terms. Otherwise, if you are or were not entitled to receive such services or did not
actually received such services, we agree that the arbitration provisions in effect on the date of your acquisition
of the Plantronics product(s) will control all disputes and claims under these Terms.