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you to return the software with the entire device on which the software is installed for a
refund.
9. Binding Arbitration and Class Action Waiver if You Live in (or if a Business Your Principal
Place of Business is in) the United States.
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 manufactu
rer, and software installer.
c. 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.
d. 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.
e. 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
.
f. 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 www.adr.org 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
