27
product, Dell's advertising, or any related purchase SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT
REGARD TO CONFLICTS OF LAW.
9 Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY
(WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN
CUSTOMER AND DELL, its agents, employees, principals,
successors, assigns, affiliates (collectively for purposes of this
paragraph, “Dell”) arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the
full extent permitted by applicable law, relationships with third
parties who are not signatories to this Agreement), customer's
purchase and use of the product, Dell's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under its Code of
Procedure then in effect (available via the Internet at
http://www.arb-forum.com, or via telephone at 1-800-474-2371).
In the event of any inconsistency or conflict between NAF Code
of Procedure and this Agreement, this Agreement shall control.
The arbitration will be limited solely to the dispute or
controversy between customer and Dell. NEITHER CUSTOMER
NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE
ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. The individual
(non-class) nature of this dispute provision goes to the essence
of the parties’ arbitration agreement, and if found
unenforceable, the entire arbitration provision shall not be
enforced. This transaction involves interstate commerce, and
this provision shall be governed by the Federal Arbitration Act 9
U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be
final and binding on each of the parties, and may be entered as a
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