Sony BRAVIA XBR-65A8H Reference Manual page 42

ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED ABOVE, SHALL
BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND THE SUPPLEMENTARY
PROCEEDINGS FOR CONSUMER-RELATED DISPUTES WHEN APPLICABLE, AND JUDGMENT ON THE AWARD RENDERED
BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
To begin arbitration, either you or we must make a written demand to the other for arbitration. The arbitration
will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the
Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable
("Rules") of the AAA in effect when the claim is filed. You may get a copy of AAA's Rules by contacting AAA at
(800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between
you and us, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers
Disputes provided for by AAA, at which point Sony will cover all additional administrative fees and expenses. This
does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration when
appropriate pursuant to the Rules. Unless you and we agree differently, the arbitration will take place in the county
and state where you live, and applicable federal or state law shall govern the substance of any Dispute. The
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.
Despite the 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.
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.
Any Dispute determined not subject to arbitration and not initiated in small claims court will be litigated by either
party in a court of competent jurisdiction in either the Superior Court for the County of San Diego or in the United
States District Court for the Southern District of California.
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 EULAfor 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. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY rylATTERS 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.
YOU AGREE TO BRING ANY DISPUTES GOVERNED BY THIS EULA IN YOUR INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU
AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE OR CLASS ACTION. 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.
AUTOMATIC UPDATE FEATURE / MODIFICATION OF EULA AS TO SERVICES
From time to time, Sony or third parties may automatically update or otherwise modify the Sony Software, for
example, but not limited to, for purposes of error correction, improvement of features, and enhancement of security
features. Such updates or modifications may change or delete the nature offeatures or other aspects of the Sony
Software, including features you may rely upon. You hereby agree that such activities may occur at Sony's sole
discretion and that Sony may condition continued use of the Sony Software upon your complete installation or
acceptance of such update or modifications. Sony may add to, change, or remove any part, term, or condition of
the EULA as it applies to the Sony Software, the Services, and/or the Content at any time without prior notice to
you. Any such additions, changes, or removals or any terms posted in the Sony Entertainment Network feature
shall apply as soon as they are posted. By continuing to use Sony Software or access the Services, the Sony Content
Services, the Content, and/or the Sony Content after so posted, you are indicating your acceptance thereto. SONY
MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR SUSPEND ANY OF THE SERVICES OR THE SONY CONTENT SERVICES,
TEMPORARILY OR PERMANENTLY, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY. WITHOUT PREJUDICE
TO ANY OTHER RIGHTS, SONY MAY SUSPEND OR TERMINATE THIS EULA AS TO THE SERVICES, THE SONY CONTENT
SERVICES, THE CONTENT, AND/OR THE SONY CONTENT IMMEDIATELY UPON NOTICE IF YOU FAIL TO COMPLY WITH
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