Binding arbitration and class action waiver


Service: Microsoft Store
Status: DECLINED
Case: none
Changes: 2
Source: link
Author: import script Bot


Binding arbitration and class action waiver


Comments:
On 2018-05-15 09:12:11 UTC, Deleted wrote:

imported from Pr9PDRftSNQ

On 2018-05-23 12:40:59 UTC, Deleted wrote:

https://groups.google.com/forum/#!msg/tosdr/Pr9PDRftSNQ/HFOuIGRkY50J
>
> ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This
> Section 26.1 applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A
> DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR
> EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means
> any dispute, action, or other controversy between you and Microsoft
> concerning the Microsoft Store, the Services, this Contract, or any product
> or service offered, 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 Microsoft 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 Microsoft Corporation, ATTN: LCA
> ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is
> available at go.microsoft.com/fwlink/?linkid=245499. Microsoft 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 Microsoft 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 Microsoft may
> commence arbitration.
> 2. Small Claims Court. You may also litigate any dispute in small
> claims court in your county of residence 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 MICROSOFT 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 BINDING
> ARBITRATION. You are giving up the right to litigate (or participate in as
> a party or class member) all disputes in court before a judge or jury.
> Instead, all disputes will be resolved before a neutral arbitrator, whose
> decision will be final except for a limited right of appeal under the
> Federal Arbitration Act. 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 MICROSOFT 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 PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR
> WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
> 5. Arbitration Procedure, Costs and Fees. Any arbitration will be
> conducted by the American Arbitration Association (the “AAA”) under its
> Commercial Arbitration Rules and in many cases its Supplementary Procedures
> for Consumer-Related Disputes. For more information, see www.adr.orgor call 1-800-778-7879. In a dispute involving $75,000 or less, Microsoft
> will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s
> fees. You and Microsoft agree to the terms governing procedures, fees, and
> incentives at http://go.microsoft.com/fwlink/?LinkId=279535. 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 in King County,
> Washington. Microsoft agrees to commence arbitration only in your county of
> residence.
> 6. Claims or Disputes Must Be Filed Within One Year. To the extent
> permitted by law, any claim or dispute relating to the Microsoft Store, the
> Services, this Contract, or any product or service offered must be filed
> within one year in small claims court (Section 26.1.2), an arbitration
> proceeding (Section 26.1.3), or in court, if Section 26.1 permits the
> dispute to be filed in court instead of arbitration. The one-year period
> begins when the claim or Notice of Dispute first could be filed. If a claim
> or dispute is not filed within one year, it is permanently barred.
> 7. Rejecting Future Arbitration Changes. You may reject any change
> Microsoft makes to Section 26.1 (other than address changes) by sending us
> notice within 30 days of the change by U.S. Mail to the address in Section
> 26.1.1. If you do, the most recent version of Section 26.1 before the
> change you rejected will apply.
> 8. Severability. If the class action waiver in Section 26.1.4 is found
> to be illegal or unenforceable as to all or some parts of a dispute, then
> Section 26.1 will not apply to those parts. Instead, those parts will be
> severed and proceed in a court of law, with the remaining parts proceeding
> in arbitration. If any other provision of Section 26.1 is found to be
> illegal or unenforceable, that provision will be severed with the remainder
> of Section 26.1 remaining in full force and effect.
>
>
>
> From <
> http://www.microsoftstore.com/store/msca/en_CA/DisplayTermsOfUseAndSalePage/ThemeID.27659600/
> >
>

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On 2018-08-30 08:43:03 UTC, import script Bot wrote:

scripted message: please link to a quote

On 2021-02-06 03:50:30 UTC, System Bot wrote:

DECLINED
Point automatically declined as no activity have been monitored over a course of 2 months



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2021-02-06 03:50:30 UTC by Deleted

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: CHANGES REQUESTED

Updated Status: DECLINED

Version 2: 2018-05-15 09:12:11 UTC by Deleted

Previous Title:

Updated Title: Binding arbitration and class action waiver

Previous Analysis:

Updated Analysis: Binding arbitration and class action waiver

Previous Status:

Updated Status: PENDING