IMPORTANT NOTICE ABOUT YOUR RIGHTS - PLEASE READ

ARBITRATION AGREEMENT

THIS ARBITRATION AGREEMENT (“AGREEMENT”) SHALL GOVERN THE MANNER BY WHICH ANY CLAIMS AGAINST US REGARDING THIS PURCHASE AND/OR USE OF OUR PRODUCTS SHALL BE RESOLVED. THIS AGREEMENT SETS FORTH IMPORTANT LEGAL RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.

BY PURCHASING OUR PRODUCTS FROM US OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DISPUTE BETWEEN YOU AND US CONCERNING SUCH PRODUCT SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND AS SUCH YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR REPRESENT A CLASS OF CONSUMERS IN SUCH DISPUTES. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST RETURN THE PRODUCT WITHIN (30) DAYS OF YOUR RECEIPT OF THIS PRODUCT.

GOVERNING LAW; ASSENT

This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and, to the extent state law is applicable, the laws of the State of Delaware, without regard to conflict of laws principles. By retaining the Product beyond thirty (30) days from the date of receipt, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to this Agreement, you must return the Product within thirty (30) days of receipt for a full refund of the purchase price.

I. RESOLUTION BY BINDING ARBITRATION.

Any Claim or dispute between you and us, or any of our subsidiaries or affiliates, agents or representatives arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation 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. You 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. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction solely to prevent irreparable harm pending arbitration, without waiving any right to arbitration of the underlying dispute.

II. WAIVER OF CLASS PARTICIPATION.

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 from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.

III. ARBITRATION PROCEDURES.

A. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to us by calling our Representative toll free at 1-866-225-9723 and providing all requested information. You may be required to provide us with a written statement setting forth the nature of your claim or dispute. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolution Period”). If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement.

B. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the AAA Consumer Arbitration Rules then in effect (“AAA”). These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org.

C. The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration.

D. The arbitration of any claim or dispute under this Agreement shall be conducted in New York County, New York State; provided, however, that for claims of $25,000 or less, you may elect to conduct the arbitration by telephone or videoconference, in which case no in-person appearance shall be required.

E. MASS ARBITRATION. If twenty (20) or more similar claims are filed against us within any ninety (90) day period (“Mass Filing”), the AAA shall administer the Mass Filing in a coordinated proceeding. The AAA shall select up to ten (10) claims to serve as bellwether proceedings, which shall be resolved first. The results of the bellwether proceedings shall not be binding on remaining claimants but may be used by the parties to facilitate resolution. No additional claims in the Mass Filing shall be administered or arbitrated while the bellwether proceedings are pending. All applicable statutes of limitations shall be tolled during any period of abeyance under this section. This provision shall not limit your individual right to arbitration.

F. ALTERNATE ADMINISTRATOR. If the AAA is unable or unwilling to administer a claim under this Agreement, JAMS, Inc. (“JAMS”) shall serve as the arbitration administrator pursuant to its Consumer Arbitration Minimum Standards then in effect, available at www.jamsadr.com.

IV. COSTS.

All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows:

A. If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed One Hundred Dollars ($100);

B. If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed Three Hundred Dollars ($300); and

C. If the claim or dispute that is the subject of the arbitration proceedings exceeds $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA.

D. Each party shall pay the fees and costs of its own counsel, experts and witnesses.

V. SMALL CLAIMS.

If a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with the terms of this Agreement. Any appeal of a judgement from a small claims tribunal shall be resolved by binding arbitration under the terms of this Agreement.

VI. 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.

 

All Season Power LLC

794 School House Road

New Castle, DE 19720

 

Implemented: January 2026