NF FRA51602, Instruction Manual

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VI
FRA 51602
under law.
b. Notice of Dispute. In the event of a dispute, you, or NF Corporation must give the
other 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. You must send any Notice of Dispute by U.S. Mail to NF
Corporation, ATTN: Legal Department. NF Corporation will send any Notice of
Dispute to your U.S. Mail address if available, or otherwise to your e-mail address.
You and NF Corporation
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 NF Corporation may commence arbitration.
c. Small claims court. You may also litigate any dispute in small claims court in your
county of residence or the NF Corporation
’s principal place of business, 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 NF Corporation, 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 binding arbitration
governed by the Federal Arbitration Act (“FAA”). 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 FAA. 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, NF
Corporation, nor Microsoft, will seek to have any dispute heard as a class
action, private attorney general action, or in any other proceeding in which
any 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 software 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 software, the AAA 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 or less, any hearing will be telephonic unless the arbitrator finds good