User Guide
(b) used for commercial purposes (including, for example, rental,
pay-per-play, etc.);
(c) opened, modied, or tampered with (including, for example,
any attempt to defeat any Xbox 360 E or Accessory technical
limitation, security, or anti-piracy mechanism, etc.), or its serial
number is altered or removed;
(d) damaged by any external cause (including, for example, by
being dropped, used with inadequate ventilation, etc., or
failure to follow instructions in the instruction manual for the
Xbox 360 E or Accessory); or
(e) repaired by anyone other than Microsoft.
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY
LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR
ANY INABILITY TO USE YOUR XBOX 360 E OR ACCESSORY. THESE
EXCLUSIONS APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. Some States or Provinces do
not allow the exclusion or limitation of incidental or consequential
damages, so this limitation or exclusion may not apply to You.
If You attempt to defeat or circumvent any Xbox 360 E or Accessory
technical limitation, security, or anti-piracy system, You may cause
Your Xbox 360 E or Accessory to stop working permanently. You will
also void Your warranty, and make Your Xbox 360 E, or Accessory
ineligible for authorized repair, even for a fee.
(a) The laws of the State or Province where You live govern
the interpretation of this warranty, any claim that Microsoft
has breached it, and all other claims (including consumer
protection, unfair competition, implied warranty, and tort
claims), regardless of conict of law principles.
(a) Application. This section applies to any dispute EXCEPT
IT DOES NOT INCLUDE A DISPUTE RELATING TO THE
ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S,
OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY
RIGHTS. Dispute means any dispute, action, or other
controversy between You and Microsoft concerning the
Microsoft Xbox 360 E or Accessory (including its price) or
this warranty, whether in contract, warranty, tort, statute,
regulation, ordinance, or any other legal or equitable basis.
“Dispute” will be given the broadest possible meaning
allowable under law.
(b) Notice of Dispute. In the event of a dispute, You or
Microsoft must give the other a Notice of Dispute, which
is a written statement that sets forth the name, address
and contact information of the party giving it, the facts
giving rise to the dispute, and the relief requested. You
must send any Notice of Dispute by U.S. Mail to Microsoft
Corporation, ATTN: LCA ARBITRATION, One Microsoft
Way, Redmond, WA 98052-6399. A form is available at
http://www.microsoft.com/about/legal/en/us/arbitration/
notice.aspx. Microsoft will send any Notice of Dispute to You
by U.S. Mail to Your address if we have it, or otherwise to Your
e-mail address. You and Microsoft will attempt to resolve any
dispute through informal negotiation within 60 days from
the date the Notice of Dispute is sent. After 60 days, You or
Microsoft may commence arbitration.
(c) Small Claims Court. You may also litigate any dispute in small
claims court in Your county of residence or King County,
Washington, if the dispute meets all requirements to be heard
in the small claims court. You may litigate in small claims court
whether or not You negotiated informally rst.
(d) Binding Arbitration. If You and Microsoft do not resolve any
dispute by informal negotiation or in small claims court,
any other effort to resolve the dispute will be conducted
exclusively by binding arbitration. You are giving up the right
to litigate (or participate in as a party or class member) all
disputes in court before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator, whose decision will
be nal except for a limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction over the parties
may enforce the arbitrator’s award.
(e) Class Action Waiver. Any proceedings to resolve or litigate
any dispute in any forum will be conducted solely on an
individual basis. Neither You nor Microsoft will seek to have
any dispute heard as a class action, private attorney general
action, or in any other proceeding in which either party acts
or proposes to act in a representative capacity. No arbitration
or proceeding will be combined with another without the
prior written consent of all parties to all affected arbitrations
or proceedings.
(f) Arbitration Procedure. Any arbitration will be conducted by
the American Arbitration Association (the “AAA”) under its
Commercial Arbitration Rules. If You are an individual and
use the Microsoft Hardware or Accessories for personal or
household use, or if the value of the dispute is $75,000 or
less whether or not You are an individual or how You use
the Microsoft Hardware or Accessories, its Supplementary
Procedures for Consumer-Related Disputes will also apply. For
more information, see www.adr.org or call 1-800-778-7879.
To commence arbitration, submit the form available at
http://www.microsoft.com/about/legal/en/us/arbitration/
demand.aspx to the AAA. You agree to commence arbitration
only in Your county of residence or in King County,
Washington. Microsoft agrees to commence arbitration only
in Your county of residence. You may request a telephonic or
in-person hearing by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will be telephonic
unless the arbitrator nds good cause to hold an in-person
hearing instead. The arbitrator may award the same damages
to You individually as a court could. The arbitrator may award
declaratory or injunctive relief only to You individually, and
only to the extent required to satisfy Your individual claim.
(g) Arbitration Fees and Incentives.
1. Disputes Involving $75,000 or Less. Microsoft will promptly
reimburse Your ling fees and pay the AAA’s and arbitrator’s
fees and expenses. If You reject Microsoft’s last written
settlement offer made before the arbitrator was appointed
(“Microsoft’s last written offer”), Your dispute goes all the
way to an arbitrator’s decision (called an “award”), and the
arbitrator awards You more than Microsoft’s last written offer,
Microsoft will give You three incentives: (i) pay the greater of
the award or $5,000; (ii) pay twice Your reasonable attorney’s
fees, if any; and (iii) reimburse any expenses (including expert
witness fees and costs) that Your attorney reasonably accrues
for investigating, preparing, and pursuing Your claim in
arbitration. The arbitrator will determine the amount of fees,
costs, and expenses unless You and Microsoft agree on them.
2. Disputes Involving More Than $75,000. The AAA rules will
govern payment of ling fees and the AAA’s and arbitrator’s
fees and expenses.
3. Disputes Involving Any Amount. In any arbitration You
commence, Microsoft will seek its AAA or arbitrator’s fees
and expenses, or Your ling fees it reimbursed, only if the
arbitrator nds the arbitration frivolous or brought for an
improper purpose. In any arbitration Microsoft commences,
Microsoft will pay all ling, AAA, and arbitrator’s fees and
expenses. Microsoft will not seek its attorney’s fees or
expenses from You in any arbitration. Fees and expenses are
not counted in determining how much a dispute involves.
(h) Conict with AAA Rules. This warranty governs to the extent
it conicts with AAA’s Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes.
(i) Claims or Disputes Must Be Filed Within One Year. To the
extent permitted by law, any claim or dispute under this
warranty must be led within one year in small claims court
(Section 9(c)), an arbitration proceeding (Section 9(d)), or
in court, if Section 9 permits the dispute to be led in court
instead of arbitration. The one-year period begins when the
claim or Notice of Dispute rst could be led. If a claim or
dispute is not led within one year, it is permanently barred.
(j) Severability. If the class action waiver in Section 9(e) is found
to be illegal or unenforceable as to all or some parts of a
dispute, then it will not apply to those parts. Instead, those
parts will be severed and proceed in a court of law, with
the remaining parts proceeding in arbitration. If any other
provision of Section 9 is found to be illegal or unenforceable,
that provision will be severed with the remainder of this
Section 9 remaining in full force and effect.
All parts of this Limited Warranty apply to the maximum extent
permitted by law or unless prohibited by law.
X188016402MNL.indd 4 3/13/13 12:02 PM