Справочник Пользователя для Microsoft Corporation BBB

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

any expenses (including expert witness fees and costs) that your attorney

reasonably accrues for investigating, preparing, and pursuing your claim

in arbitration. The arbitrator will determine the amount of fees, costs,

and expenses unless you and Manufacturer agree on them.

(b) Disputes Involving More Than $75,000. The AAA rules will govern

payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

Manufacturer will seek its AAA or arbitrator’s fees and expenses, or your