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App.
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SC-1 INSTRUCTION MANUAL
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 device 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 (or, 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. Under AAA rules, the arbitrator rules on his
or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive
authority to enforce the prohibition on arbitration on a class-wide basis or in a representative
capacity.
e. Arbitration fees and payments.
(i)
Disputes involving $75,000 USD or less.
The device 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 device manufacturer or installer (or Microsoft if your dispute is with Microsoft) will: (1)
pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if
any; and (3) reimburse any expenses (including expert witness fees and costs) that your
attorney reasonably accrues for investigating, preparing, and pursuing your claim in
arbitration.
(ii)
Disputes involving more than $75,000 USD.
The AAA rules will govern payment of filing
fees and the AAA’s and arbitrator’s fees and expenses.
f. Must file within one year.
You and we must file in small claims court or arbitration any claim
or dispute (except intellectual property disputes-see Section 11.a.) within one year from when
it first could be filed. Otherwise, it’s permanently barred.
g. Severability.
If any part of Section 11 (Binding Arbitration and Class Action Waiver) is found
to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award
issued before any court proceeding begins), except that if a finding of partial illegality or
unenforceability would allow class-wide or representative arbitration, Section 11 will be
unenforceable in its entirety.
h. Conflict with AAA rules.
This agreement governs if it conflicts with the AAA’s Commercial
Arbitration Rules or Consumer Arbitration Rules.
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Страница 40: ...34 3 6 Creating an account SC 1 INSTRUCTION MANUAL Ch 3 8 Tap Next Figure 3 12 Next ...
Страница 50: ...44 3 7 Setting the system locale SC 1 INSTRUCTION MANUAL Ch 3 10 Tap Restart now Figure 3 28 Restart now ...
Страница 64: ...58 4 7 Sleep mode SC 1 INSTRUCTION MANUAL Ch 4 ...
Страница 70: ...64 5 5 Power off SC 1 INSTRUCTION MANUAL Ch 5 ...
Страница 80: ...74 6 3 Disposal SC 1 INSTRUCTION MANUAL Ch 6 ...
Страница 88: ...82 8 3 Returning the tablet for repair SC 1 INSTRUCTION MANUAL Ch 8 ...
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