Other Content

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 the American Arbitration Association (AAA) website or
call 1-800-778-7879. To commence arbitration, submit the form available at Legal Resources 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 finds 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
filing 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
filing 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 filing fees it
reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an
improper purpose. In any arbitration Microsoft commences, Microsoft will pay all
filing, 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) Conflict with AAA Rules. This warranty governs to the extent it conflicts 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 filed within one year in small claims court (Section