5
6
“Dispute” will be given the broadest possible meaning
allowable under law.
(b) Notice of Dispute. In the event of a dispute, You or
Microsoft must give the other a Notice of Dispute, which
is a written statement that sets forth the name, address
and contact information of the party giving it, the facts
giving rise to the dispute, and the relief requested. You
must send any Notice of Dispute by U.S. Mail to Microsoft
Corporation, ATTN: LCA ARBITRATION, One Microsoft
Way, Redmond, WA 98052-6399. A form is available at
http://www.microsoft.com/about/legal/en/us/arbitration/
notice.aspx. Microsoft will send any Notice of Dispute to You
by U.S. Mail to Your address if we have it, or otherwise to Your
e-mail address. You and Microsoft will attempt to resolve any
dispute through informal negotiation within 60 days from
the date the Notice of Dispute is sent. After 60 days, You or
Microsoft may commence arbitration.
(c) Small Claims Court. You may also litigate any dispute in small
claims court in Your county of residence or King County,
Washington, 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.
(d) Binding Arbitration. If You and 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 binding arbitration. You are giving up the right
to litigate (or participate in as a party or class member) all
disputes in court before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator, whose decision will
be final except for a limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction over the parties
may enforce the arbitrator’s award.
(e) Class Action Waiver. Any proceedings to resolve or litigate
any dispute in any forum will be conducted solely on an
individual basis. Neither You 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 proceeding will be combined with another without the
prior written consent of all parties to all affected arbitrations
or proceedings.
(f) 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 Microsoft Hardware or Accessories for personal or
household use, or if the value of the dispute is $75,000 or
less whether or not You are an individual or how You use
the Microsoft Hardware or Accessories, its Supplementary
Procedures for Consumer-Related Disputes will also apply.
For more information, see www.adr.org or call 1-800-778-
7879. To commence arbitration, submit the form available
at http://www.microsoft.com/about/legal/en/us/arbitration/
demand.aspx to the AAA. You agree to commence arbitration
only in Your county of residence or in King County,
Washington. Microsoft agrees to commence arbitration only
in Your county of residence. You may request a telephonic or
in-person hearing by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will be telephonic
unless the arbitrator finds good cause to hold an in-person
hearing instead. 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, and
only to the extent required to satisfy Your individual claim.
(g) Arbitration Fees and Incentives.
1. Disputes Involving $75,000 or Less. Microsoft will promptly
reimburse Your filing fees and pay the AAA’s and arbitrator’s
fees and expenses. If You reject Microsoft’s last written
settlement offer made before the arbitrator was appointed
(“Microsoft’s last written offer”), Your dispute goes all the
way to an arbitrator’s decision (called an “award”), and the
arbitrator awards You more than Microsoft’s last written offer,
Microsoft will give You three incentives: (i) pay the greater of
the award or $5,000; (ii) pay twice Your reasonable attorney’s
fees, if any; and (iii) 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 amount of fees,
costs, and expenses unless You and Microsoft agree on them.
2. Disputes Involving More Than $75,000. The AAA rules will
govern payment of filing fees and the AAA’s and arbitrator’s
fees and expenses.
3. Disputes Involving Any Amount. In any arbitration You
commence, Microsoft will seek its AAA or arbitrator’s fees
and expenses, or Your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous or brought for an
improper purpose. In any arbitration Microsoft commences,
Microsoft will pay all filing, AAA, and arbitrator’s fees and
expenses. Microsoft will not seek its attorney’s fees or
expenses from You in any arbitration. Fees and expenses are
not counted in determining how much a dispute involves.
(h) Conflict with AAA Rules. This warranty governs to the extent
it conflicts with AAA’s Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes.
(i) Claims or Disputes Must Be Filed Within One Year. To the
extent permitted by law, any claim or dispute under this
warranty must be filed within one year in small claims court
(Section 9(c)), an arbitration proceeding (Section 9(d)), or
in court, if Section 9 permits the dispute to be filed in court
instead of arbitration. The one-year period begins when the
claim or Notice of Dispute first could be filed. If a claim or
dispute is not filed within one year, it is permanently barred.
(j) Severability. If the class action waiver in Section 9(e) is found
to be illegal or unenforceable as to all or some parts of a
dispute, then it will not apply to those parts. Instead, those
parts will be severed and proceed in a court of law, with
the remaining parts proceeding in arbitration. If any other
provision of Section 9 is found to be illegal or unenforceable,
that provision will be severed with the remainder of this
Section 9 remaining in full force and effect.
All parts of this Limited Warranty apply to the maximum extent
permitted by law or unless prohibited by law.
10. This Warranty is Valid only in the United states of america
and Canada.
Microsoft’s address in the United States:
Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052
Microsoft’s address in Canada:
Microsoft Canada Inc., 1950 Meadowvale Blvd.,
Mississauga, Ontario, L5N 8L9
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reGUlaTIons
regulatory Information
For home or office use.
Not intended for use in machinery, medical or industrial
applications.
Any changes or modifications not expressly approved by Microsoft
could void the user’s authority to operate this device.
This product is for use with NRTL Listed (UL, CSA, ETL, etc.),
and/or IEC/EN 60950-1 compliant (CE marked) Information
Technology equipment.
No serviceable parts included.
This device is rated as a commercial product for operation at
+41ºF (+5ºC) to +95ºF (+35ºC).
This product is restricted to indoor use only to reduce any potential
for harmful interference with licensed operation in the 5.15 to
5.25 GHz frequency range.
Microsoft Corporation; One Microsoft Way; Redmond, WA 98052-
6399; U.S.A. United States: (800) 426-9400 Canada: (800) 933-4750
Tested to comply with FCC (U.S. Federal Communications
Commission) Standards.
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