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5. CHOICE OF LAW
The laws of the State or Province where you live (or if a business your
principal place of business) govern the interpretation of this warranty,
any claim that Manufacturer has breached it, and all other claims
(including consumer protection, unfair competition, implied warranty,
and tort claims), regardless of conflict of law principles, except that the
Federal Arbitration Act governs all provisions relating to arbitration.
6. BINDING ARBITRATION AND CLASS ACTION WAIVER
IF YOU LIVE IN (OR IF A BUSINESS YOUR PRINCIPAL PLACE
OF BUSINESS IS IN) THE UNITED STATES
This section applies to any dispute EXCEPT DISPUTES RELATING TO THE
ENFORCEMENT OR VALIDITY OF YOUR, MANUFACTURER'S, OR
EITHER YOUR OR MANUFACTURER'S LICENSOR'S INTELLECTUAL
PROPERTY RIGHTS. The term "dispute" means any dispute, action or
other controversy between you and Manufacturer concerning the
Product (including its price) or this warranty, whether in contract,
warranty, tort, statute, regulation, ordinance or any other legal or
equitable basis. "Dispute" will be given the broadest possible meaning
allowable under law.
1 Notice of Dispute. In the event of a dispute, you or Manufacturer must
give the other a Notice of Dispute, which is a written statement that sets
forth the name, address and contact information of the party giving it,
the facts giving rise to the dispute, and the relief requested. You must
send any Notice of Dispute by U.S. Mail to Nokia Inc., ATTN: LCA
ARBITRATION, One Microsoft Way, Redmond WA 98052-6399. A form
is available at go.microsoft.com/fwlink/?linkid=245499. Manufacturer
will send any Notice of Dispute to you by U.S. Mail to your address if we
have it, or otherwise to your e-mail address. You and Manufacturer 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
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.
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