13. Binding Arbitration. YOU AND BENQ AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST the other, its agents, employees, successors, assigns or affiliates (or family members or beneficiaries, if applicable), arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, BenQ's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (information available via the Internet at http://www.arb-forum.com). The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between you and BenQ. You and BenQ agree that the arbitration shall be held at any reasonable location which shall be 60 miles or less from the initial respondent’s principle office or main residence by submission of documents. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
14. Technical Support. Jamboard technical support team will provide general technical support to you in the United States via telephone at toll free 1-877-355-5787 and other methods, in accordance with the then-current technical support policies in effect, which may vary from product to product.
15. Governing Law and Attorney Fees. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. The expenses (including attorneys' fees, the allocated cost of in-house counsel, and all other costs that party may incur in the enforcement of this Agreement) incurred by the prevailing party in any such legal action shall be reimbursed by the other party.
16. Force Majeure. Neither you nor BenQ shall be liable to the other for its failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is due to circumstances beyond its reasonable control, including without limitation earthquakes, governmental regulation, shortages of components, fire, flood, strikes, labor disputes or labor difficulties, civil disorder, perils of the sea, war (declared or undeclared), embargoes, and acts of God.
17. Electronic Notices; Relating to Transaction. Purchase through OrderDesk.us@BenQ.com is conducted electronically and you agree that we can communicate with you electronically. BenQ may send you email asking about your experience with BenQ, email notices and other disclosures about your orders. However, since email delivery is not infallible, you also agree to contact BenQ for order information such as order status or shipping delays electronically or by other means and you agree to keep all records relating to your order, including, where possible, printing a copy of your order confirmation page. To the extent allowed by law, you agree that the above replaces and satisfies any law that provides for different methods or timing for your receipt of notices relating to your transaction. BenQ also reserves the right to deliver notices and disclosures by other means such as postal mail in its sole discretion.
18. General and Language. You may not assign this Agreement without BenQ’s prior written consent. If any terms of this Agreement is illegal or unenforceable, the legally and enforceability of the remaining provisions shall not be affected or impaired. The failure of BenQ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. You confirm your request that this Agreement and all documents related directly or indirectly thereto be drafted in the English language and the English version of this Agreement shall prevail in all disputes relating to this Agreement.
19. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
20. White Glove Basic Installation The service is to be purchased at additional cost and is NOT refundable once purchased.
Please click the link https://www.benqdirect.com/jamboard/install-checklist.html for White Glove Basic Installation Check List