Datasheet

the price for either, or this Agreement, under any legal theory including contract, warranty, tort,

statute, or regulation, except disputes relating to the enforcement or validity of your, your

licensors’, our, or our licensors’ intellectual property rights.

b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives

can’t resolve it, send a Notice of Dispute by U.S. Mail to Company, ATTN: LEGAL DEPARTMENT. If

your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: LCA ARBITRATION, One

Microsoft Way, Redmond, WA 98052-6399. If your dispute is with any other Provider, send a

Notice of Dispute by U.S. Mail to Company, ATTN: LEGAL DEPARTMENT, and Company will

forward it to the other Provider. Tell us your name, address, how to contact you, what the

problem is, and what you want. If your dispute is with Microsoft, a form is available at

(aka.ms/disputeform). We’ll do the same if we have a dispute with you. After 60 days, you or we

may start an arbitration if the dispute is unresolved.

c. Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s

requirements, you may sue us in small claims court in your county of residence (or if a business

your principal place of business) or our principal place of business (which is Shenzhen, China if

your dispute is with Company, and is King County, Washington USA if your dispute is with

Microsoft). We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but

you don’t have to before going to small claims court.

d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration

Rules (or if you are an individual and use the Services for personal or household use, or if the

value of the dispute is $75,000 USD or less whether or not you are an individual or how you use

the software, its Consumer Arbitration Rules). For more information, see (aka.ms/adr) or call 1-

800-778-7879. To start an arbitration, submit the form available at (aka.ms/arbitration) to the

AAA; mail a copy to Company] (or to Microsoft if your dispute is with Microsoft). In a dispute

involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good

cause to hold an in-person hearing instead. Any in-person hearing will take place in your county

of residence (of if a business your principal place of business) or our principal place of business.

You choose. 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 to satisfy your

individual claim.

e. Arbitration fees and payments.

i. Disputes involving $75,000 USD or less. Company (or Microsoft if your dispute is with

Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees

and expenses. If you reject our last written settlement offer made before the arbitrator was

appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and

the arbitrator awards you more than this last written offer, Company (or Microsoft if your

dispute is with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay your

reasonable attorney’s fees, if any; and (3) 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 amounts unless you and

we agree on them.

ii. Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees

and the AAA’s and arbitrator’s fees and expenses.

iii. Disputes involving any amount. If you start an arbitration, we won’t seek our AAA or

arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds