Nokia RM-1078 Manual page 20

of Dispute is sent. After 60 days, you or Manufacturer may commence
arbitration.
2 Small Claims Court. You may also litigate any dispute in small claims
court in your county of residence (or if a business your principal place
of business) or King County, Washington, 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.
3 Binding Arbitration. If you and Manufacturer 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
individual binding arbitration governed by the Federal Arbitration
Act ("FAA"). Class arbitrations are not permitted. You are giving up
the right to litigate disputes in court before a judge or jury (or
participate as a party or class member). Instead, all disputes will be
resolved before a neutral arbitrator, whose decision will be final
except for a limited right of appeal under the FAA. Any court with
jurisdiction over the parties may enforce the arbitrator's award.
4 Class Action Waiver. Any proceedings to resolve or litigate any
dispute in any forum will be conducted solely on an individual basis.
Neither you nor Manufacturer will seek to have any dispute heard
as a class action, private attorney general action, or in any other
proceeding in which either party acts or proposes to act in a
representative capacity. No arbitration or other proceeding will be
combined with another without the prior written consent of all
parties to all affected arbitrations or proceedings.
5 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 Manufacturer
Product 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 Product, the AAA's Supplementary Procedures for Consumer-
Related Disputes will also apply. For more information, see
www.adr.org or call 1-800-778-7879. To commence arbitration,
submit the form available at go.microsoft.com/fwlink/?
linkid=245497 to the AAA. You agree to commence arbitration only in
your county of residence (or if a business your principal place of
business) or in King County, Washington. Manufacturer agrees to
commence arbitration only in your county of residence (or if a
business your principal place of business). You may request a
telephonic or in-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.
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
6 Arbitration Fees and Payments.
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