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Safety
c. Binding Arbitration.
If you and the manufacturer, or 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 individual binding
arbitration governed by the Federal Arbitration Act (“FAA”). Class
arbitrations are not permitted. You are giving up the right to litigate
Disputes in court before a judge or jury (or participate in court as a
party or class member). Instead, all Disputes will be resolved before a
neutral arbitrator, whose decision will be final except for a limited right of
appeal under the FAA. Any court with jurisdiction over the parties may
enforce the arbitrator’s award.
d. Class Action Waiver.
Any proceedings to resolve or litigate any Dispute in any forum will be
conducted solely on an individual basis. Neither you, the manufacturer,
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 other proceeding will be combined with another without the prior
written consent of all parties to all affected arbitrations or proceedings.
e. 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 software 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 Supplementary Procedures
for Consumer-Related Disputes will also apply. To commence arbitration,
submit a Commercial Arbitration Rules Demand for Arbitration form to
the AAA. You may request a telephonic or in-person hearing by following
the AAA rules. In a Dispute involving $10,000 USD or less, any hearing
will be telephonic unless the arbitrator finds good cause to hold an
in-person hearing instead. For a form or more information, see adr.org or
call 1-800-778-7879. You agree to commence arbitration only in your
county of residence or in the manufacturer’s principal place of business
(or in King County, Washington if your Dispute is with Microsoft). The
manufacturer agrees to commence arbitration only in your county of
residence. The arbitrator may award the same damages to you
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