Arbitration
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND JPAMARO LLC TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR RESOLVING DISPUTES” BELOW.
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND JPAmaro LLC ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT/SERVICE/SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND JPAmaro LLC ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to “JPAmaro LLC” mean, its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the PRODUCT/SERVICE or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify JPAMARO LLC in writing at least 30 days in advance of initiating the arbitration by sending a letter to JPAMARO LLC at JPAMARO LLC Attn: Legal Department- Arbitration 1512 S Mariposa Rd., Stockton, CA 95205. You and JPAMARO LLC agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the JPAmaro LLC that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and JPAMARO LLC are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day period after sending written notice to JPAMARO LLC, you and JPAMARO LLC agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt out as provided below. Any dispute between you and JPAMARO LLC shall not be combined or consolidated with a dispute involving any other person’s or entity’s JPAmaro LLC or claim. More specifically, without limitation of the foregoing, any dispute between you and JPAMARO LLC shall not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or JPAMARO LLC must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to JPAMARO LLC at JPAMARO LLC Attn: Legal Department- Arbitration 1512 S Mariposa Rd., Stockton, CA 95205. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Governing Law. The law of the state of your residence shall govern this Limited Warranty and any disputes between us except to the extent that such law is preempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of your written demand for arbitration, JPAMARO LLC will promptly pay all arbitration filing fees to the AAA unless you seek more than $25,000 in damages, in which case the payment of these fees will be governed by the AAA Rules. Except as otherwise provided for herein, JPAMARO LLC will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the AAA Rules and this arbitration provision. If you prevail in the arbitration, JPAMARO LLC will pay your attorneys’ fees and expenses as long as they are reasonable, by considering factors including, but not limited to, the purchase amount and claim amount. Notwithstanding the foregoing, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would. If the arbitrator finds 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 arbitration fees will be governed by the AAA Rules. In such a situation, you agree to reimburse JPAMARO LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Except as otherwise provided for, JPAMARO LLC reserves any rights it may have to seek attorneys’ fees and expenses from you if JPAMARO LLC prevails in the arbitration.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.
Opt Out. You may only opt out of this dispute resolution procedure prior to using the PRODUCT/SERVICES of JPAmaro LLC. If you opt out, neither you nor JPAMARO LLC can require the other to participate in an arbitration proceeding. To opt out, you must return the PRODUCT or not attempt to use its SERVICE (with a prior obtained RMA number and send notice to JPAMARO LLC no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the PRODUCT/SERVICE by either: (i) sending an e-mail to admin@tywinlabs.com, with the subject line: “Arbitration Opt Out and PRODUCT/SERVICE Returned” or (ii) calling 1-916-715-1099. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the PRODUCT/SERVICE was purchased; (c) the PRODUCT/SERVICE model name or model number; and (d) the SKU number (the SKU number can be found (i) on the PRODUCT/SERVICE or it’s packaging; or (ii) online by accessing https://www.JPAmaro.com.
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. If you keep this PRODUCT/SERVICE and do not opt out, then you accept all terms and conditions of the arbitration provision described above.
AUTOMOTIVE CONSULTING
-For nationwide auto consulting services, JPAmaro LLC or its consultants do not physically meet in person, all consulting is done either by phone, text, email, or video chat (like Skype, Zoom, Facetime, etc..). The exception to this is if purchasing local services based in and around the Sacramento, CA area.
-For each voice call there is a five (5) minute minimum interval whether the call lasted 5 minutes or not. We do not guarantee availability nor how long a phone call can last. Video calls count the same as voice calls however, both our consultants and clients need to have a solid internet connection at the time of the video call which JPAmaro LLC cannot guarantee at any time. During peak time (or break times) Client may have to leave a message and a Consultant will call back in the order in which the call was received (we do not guarantee availability but we do our best to call back as soon as possible). Once your usage expires (either by time or usage we are under no more obligation to give any further consultation, even if Client has pending questions)
-Text messages (SMS) and emails deplete a Clients usage as follows: one text message equates to one minute and one email equates to two minutes. There is no guarantee we will respond to any text or email within any given time frame. Video and/or images can also be exchanged via our company email (johnny916@aol.com) or (if available) through video conferencing.
-Voice and video call hours are from 10:00 am to 8:00 pm (Pacific Time), 7 DAYS PER WEEK. Text messages and emails can be sent around the clock.
-JPAmaro LLC consulting services are AS-IS, meaning there is NO GUARANTEE of any kind in regard to a Client(s) transaction and/or the validity of the information provided to Client(s).
-Client(s) services will be activated immediately upon purchase and will have 90 days from the time purchase to use their entire usage minutes. Client(s) purchase is non-refundable (even if Client(s) did not make any initial contact with the 90 days as JPAmaro LLC must still allocate consultant resources to manage the anticipated workload).
-JPAmaro LLC does not provide extensive research for Client(s) as its consultants are providing existing expertise only (although may look up quick facts, specifications, and potential values based on discretion only).
-JPAmaro LLC does not provide vehicle specific maintenance or defect information on any vehicle as that’s out of the scope of services. Client(s) understands they will be commencing their transaction(s) without any warranty expressed or implied. Furthermore, there is NO GUARANTEE of the validity or soundness of any transfer documentation for any transaction.
-Vehicle values vary dramatically between cities and states. For this reason, JPAmaro LLC can only advise what they are selling for based on the area local market which is currently based in the state of California.
-Customer shall defend, indemnify, and hold JPAmaro Auto Sales, its officers, employees, volunteers, family, friends, and agents HARMLESS from and against any and all liability, loss, expense, including reasonable attorney fees, or claims for injury or damages arising out of the performance of this agreement.
-JPAmaro LLC provides services for non-commercial use only.
-Client(s) acknowledge that although JPAmaro LLC and its consultants possess in depth knowledge of the automotive industry in general they do not claim to know everything, and the scope of their services is to provide general information and specific situation opinions to their Client(s) which may assist them in making informed decisions regarding their automotive transaction(s).
-JPAmaro LLC does not and will not give any legal advise.
INVENTORY
Vehicles may or may not always be available for sale regardless of their status on this site, always contact us prior to traveling. Furthermore, we do advertise on behalf of other auto sellers hence the location of our advertised vehicles may vary.
SALES AND AVAILABILITY
All prices and availability of our vehicles are subject to change at anytime.
Advertised prices excludes government fees and taxes, any finance charges, any dealer document preparation charge, and any emission testing charge.
For all financed deals there may be insurance coverage requirements.
WARRANTIES
No warranty is express or implied on any vehicle sold without a service contract.
INFORMATION ON THIS SITE
Information about vehicles on this site is not guaranteed to be 100% accurate but rather deemed as “reliable”. Buyer(s) are responsible for verifying all details prior to making a purchase.
Vehicles on this site are often displayed using a stock or “similar vehicle” photos because the actual vehicle may not be ready for photos.
Last updated: 10-06-2024