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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.
(a) Disputes Involving $75,000 or Less. Manufacturer will promptly
reimburse your filing fees and pay the AAA's and arbitrator's fees and
expenses. If you reject Manufacturer's last written settlement offer made
before the arbitrator was appointed ("Manufacturer's last written offer"),
your dispute goes all the way to an arbitrator's decision (called an
"award"), and the arbitrator awards you more than Manufacturer's last
written offer, Manufacturer will: (i) pay the greater of the award or $1,000;
(ii) pay twice your reasonable attorney's fees, if any; and (iii) reimburse
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