Sony BRAVIA KD-85X80CK Setup Manual page 47

Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration.
The arbitrator's decision will be binding and final, except for a limited right of appeal under the Federal Arbitration
Act. The arbitrator may award relief only in favor of the party seeking relief, and only to the extent necessary to
provide relief warranted by that party's individual claim. Any court with jurisdiction over the parties may enforce the
arbitrator's decision.
SMALL CLAIMS EXCEPTIONS
Despite the provisions set forth above, you have the right to litigate any Dispute in small claims court or other
similar court of limited jurisdiction, in the United States, to the extent the amount at issue does not exceed $15,000,
and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are
satisfied.
OPT-OUT INSTRUCTIONS
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND/OR THE CLASS ACTION WAIVER
ABOVE, THEN: (1) YOU MUST NOTIFY SONY IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST USE
THE SONY SOFTWARE OR AGREE TO THIS EULA, WHICHEVER OCCURS FIRST; (2) YOUR WRITTEN NOTIFICATION MUST
BE MAILED TO Sony Electronics Inc., 16535 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: LEGAL DEPARTMENT; AND
(3) YOUR WRITTEN NOTIFICATION MUST INCLUDE: (A) YOUR NAME; (B) YOUR ADDRESS; (C) THE DATE YOU FIRST
USED THE SONY SOFTWARE OR AGREED TO THIS EULA; AND (D) A CLEAR STATEMENT THAT YOU DO NOT WISH TO
RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION AND/OR TO BE BOUND BY THE CLASS ACTION
WAIVER.
REJECTING CHANGES MADE TO THE DISPUTE PROCEDURES
Despite anything to the contrary in this EULA, you may reject changes made to the binding arbitration provision
if: (1) you've already begun authorized use of the Sony Product at the time the change was/is made; and (2) you
mail written notice to the address provided in this section within 30 days after the particular change was/is made.
Should such a situation arise, you will still be bound by the Dispute procedures you previously agreed to and
existing before the change you rejected was made.
EQUITABLE REMEDIES
Notwithstanding the foregoing to the contrary, either party may initiate litigation immediately with respect to any
matter arising out of or in connection with this EULA for which equitable relief (or an equivalent type of urgent legal
relief) is sought. You agree that any violation of or non-compliance with any term or condition of this EULA by you
will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sony, its employees,
directors, officers, agents, affiliates, subsidiaries, third party providers, third party licensors, third party licensees,
content providers, and direct and indirect parent(s) for which monetary damages would be inadequate, and you
consent to Sony obtaining any injunctive or equitable relief that Sony deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies that may be available to Sony under contract,
at law or in equity.
JURY TRIAL WAIVER
THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO
THIS EULA. Any claim or cause of action related to or arising out of your purchase or use of the Sony Product, Sony
Software, Sony Content & Services or this EULA must be commenced within one (1) year after the claim or cause of
action arises.
CLASS ACTION WAIVER
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE
RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTE IN COURT BEFORE A JUDGE OR
A JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND BOTH
PARTIES AGREE NOT TO HAVE ANY DISPUTES HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED
ACTION, OR PRIVATE ATTORNEY ACTION, UNLESS ALL PARTIES INVOLVED IN THE DISPUTE SPECIFICALLY AGREE
TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. YOU AGREE THAT THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM
OF REPRESENTATIVE OR CLASS ACTION PROCEEDING. THE ARBITRATOR SHALL DECIDE ALL OTHER ISSUES OF
ARBITRABILITY.
AMENDMENT
SONY RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA AT ITS SOLE DISCRETION BY POSTING
NOTICE ON A SONY DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU,
BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER
REASONABLE OR LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amendment, you should
promptly contact SONY for instructions. Your continued use of the Sony Software after the effective date of any such
notice shall be deemed your agreement to be bound by such amendment.
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