NDD EasyOne Pro Operator's Manual page 147

Appendix
Operator's Manual V5.0 • EasyOne Pro/LAB Rev. 05
© ndd Medizintechnik AG • Technoparkstrasse 1, 8005 Zurich, Switzerland • www.ndd.ch
mail address. You and ndd Medizintechnik AG 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 ndd
Medizintechnik AG may commence arbitration.
c. Small claims court. You may also litigate any dispute in small claims
court in your county of residence or the ndd Medizintechnik AG'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 ndd Medizintechnik AG, 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. 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, ndd Medizintechnik AG, nor Microsoft, will seek to have
any dispute heard as a class action, as a 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 orin-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. For more information, see adr.org or call 1-800-778-7879.
You agree to commence arbitration only in your county of residence or
in the ndd Medizintechnik AG's principal place of business. ndd
Medizintechnik AG agrees to commence arbitration only in your
county of residence. 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
i. Disputes involving $75,000 or less. ndd Medizintechnik AG will
promptly reimburse your filing fees and pay the AAA's and
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