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We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve
it informally. If we can’t, you and we agree to binding individual arbitration before the
American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not
to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the
arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action
lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding
where someone acts in a representative capacity aren’t allowed. Nor is combining individual
proceedings without the consent of all parties. “We,” “our,” and “us” includes Microsoft, the
device manufacturer, and software installer.
a.
Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It
includes any claim or controversy between you and the manufacturer or installer, or you
and Microsoft, concerning the software, its price, 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 the
manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft,
mail it to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond,
WA 98052-6399. Tell us your name, address, how to contact you, what the problem is,
and what you want. 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–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 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 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 the manufacturer or
installer (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—King County, Washington if your dispute is with Microsoft. 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. The manufacturer or installer (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, the manufacturer or installer (or Microsoft if
your dispute is with Microsoft) will: (1) pay the greater of the award or $1,000