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6. Additional Terms
If You attempt to defeat or circumvent any Microsoft Hardware or Accessory technical limitation
or security system, You may cause Your Microsoft Hardware or Accessory to stop working
permanently. You will also void Your warranty, and make Your Microsoft Hardware or Accessory
ineligible for authorized repair, even for a fee.
7. Choice of Law
The laws of the State or Province where You live govern the interpretation of this warranty, any
8. Binding Arbitration and Class Action Waiver for U.S. Residents
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 Hardware
regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the
broadest possible meaning allowable under law.
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
to You by U.S. Mail to Your address if we have it, or otherwise to Your e-mail address. You and
arbitration.
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
. 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
jurisdiction over the parties may enforce the arbitrator’s award.
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.
Arbitration Procedure. Any arbitration will be conducted by the American Arbitration
use the Microsoft Hardware or Accessories for personal or household use, or if the value of the
Hardware or Accessories, its Supplementary Procedures for Consumer-Related Disputes will
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.
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.