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Safety
14. BINDING ARBITRATION AND CLASS ACTION WAIVER.
If you live in the United States, this section applies to any dispute EXCEPT
DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR,
MICROSOFT’S, OR THE MANUFACTURER’S INTELLECTUAL PROPERTY
RIGHTS, (OR YOUR OR ANY OF THEIR LICENSORS’ INTELLECTUAL
PROPERTY RIGHTS). ”Dispute” means any dispute, action, or other
controversy between you and the manufacturer, or you and Microsoft,
concerning the software (including its price) or this agreement, 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.
a. Notice of Dispute.
In the event of a Dispute, you or the manufacturer, or Microsoft, must
give the others a Notice of Dispute, which is a written statement of the
name, address, and contact information of the party giving it, the facts
giving rise to the Dispute, and the relief requested. Send it by U.S. Mail
to the manufacturer, ATTN: LEGAL DEPARTMENT. Mail a Notice of
Dispute with Microsoft to Microsoft Corporation, ATTN: LCA
ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form
is available at go.microsoft.com/fwlink/?LinkId=245499. The
manufacturer, or Microsoft, will send any Notice of Dispute to you by
U.S. Mail to your address if we have it, or otherwise to your email
address. You and the manufacturer, or Microsoft, will attempt to resolve
any Dispute through informal negotiation within sixty (60) days from the
date the Notice of Dispute is sent. After sixty (60) days, you or the
manufacturer, or Microsoft, may commence arbitration.
b. Small Claims Court.
You may also litigate any Dispute in small claims court in your county of
residence or the manufacturer’s principal place of business (or in King
County, Washington if your Dispute is with Microsoft), 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.
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