Warranty

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://go.microsoft.com/fwlink/?linkid=245497 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 8(c)), an
arbitration proceeding (Section 8(d)), or in court, if Section 8 permits the dispute to be filed in
court instead of arbitration. The one-year period begins when the claim or Notice of Dispute
first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
(j) Severability. If the class action waiver in Section 8(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 8 is found to be illegal or unenforceable, that provision will be severed
with the remainder of this Section 8 remaining in full force and effect.
9. This warranty is valid only in the United States of America and Canada.