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permanently. You will also void Your warranty, and make Your Xbox One or Accessory

ineligible for authorized repair, even for a fee.

8. Choice of Law

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 conflict of law principles.

9. Binding Arbitration and Class Action Waiver for U.S. Residents

(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 Xbox One and/or the 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 Legal

Resources. 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.

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 first.

(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

final 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