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b. Notice of Dispute. In the event of a dispute, you or ndd Medizintechnik AG must give the other a
Notice of Dispute, which is a written statement of the name, address, and contact information of the
party giving it, the facts giving rise to the dispute, and the relief requested. Send it by U.S. Mail to
ndd Medizintechnik AG, ATTN: LEGAL DEPARTMENT. ndd Medizintechnik AG will send any Notice
of Dispute to your U.S. Mail address if available, or otherwise to your e-mail address. You and
ndd Medizintechnik AG 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 ndd Medizintechnik AG
may commence arbitration.
c.
Small claims court. You may also litigate any dispute in small claims court in your county of
residence or the ndd Medizintechnik AG's principal place of business, 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.
d. Binding arbitration. If you and ndd Medizintechnik AG, or 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.
e. Class action waiver.
will be conducted solely on an individual basis. Neither you, ndd Medizintechnik AG,
nor Microsoft, will seek to have any dispute heard as a class action, as a private
attorney general action, or in any other proceeding in which any 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.
f.
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 software
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 software, the AAA Supplementary Procedures forConsumer-
Related Disputes will also apply. To commence arbitration, submit a Commercial Arbitration Rules
Demand for Arbitration form to the AAA. You may request a telephonic orin-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. For more information,
see adr.org or call 1-800-778-7879. You agree to commence arbitration only in your county of
residence or in the ndd Medizintechnik AG's principal place of business. ndd Medizintechnik AG
agrees to commence arbitration only in your county of residence. 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.
g. Arbitration fees and incentives
i.
Disputes involving $75,000 or less. ndd Medizintechnik AG will promptly reimburse your filing
fees and pay the AAA's and arbitrator's fees and expenses. If you reject the ndd Medizintechnik
AG's last written settlement offer made before the arbitrator was appointed ("last written
offer"), your dispute goes all the way to an arbitrator's decision (called an "award"), and the
arbitrator awards you more than the last written offer, ndd Medizintechnik AG will give you
three incentives: (1) pay the greater of the award or $1,000; (2) pay twice your reasonable
attorney's fees, if any; and (3) 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 amounts.
ii.
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.
iii. Disputes involving any amount. In any arbitration you commence, ndd Medizintechnik AG will
seek its AAA or arbitrator's fees and expenses, or your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration
ndd Medizintechnik AG commences, it will pay all filing, AAA, and arbitrator's fees and
Any proceedings to resolve or litigate any dispute in any forum
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