Dell Alienware M17x Manual - Page 79

Binding Arbitration ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, ITS AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, "DELL") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Customer's purchase or use of the Product, Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at www.arb-forum.com, or via telephone at 1-800-4742371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between Customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any individual customer arbitration fees. If any Customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. APPENDIX C: WARRANTY AND SUPPORT INFORMATION Limited Warranties and Return Policy Limited Hardware Warranty for Dell-Branded And AlienwareBranded Hardware Products From Dell (U.S. Only) Dell-branded and Alienware-branded hardware products from Dell purchased in the U.S. come with either a 90-day, 1-year, 2-year, 3-year, or 4-year limited hardware warranty depending on the product purchased. To determine which warranty came with your hardware product(s), see your packing slip, invoice, or receipt. What is covered by this limited hardware warranty? This limited hardware warranty covers defects in materials and workmanship in your-our end-user customer's-Dell-branded and Alienware-branded hardware products from Dell, including Dell-branded peripheral products. What is not covered by this limited hardware warranty? This limited hardware warranty does not cover: • Software, including the operating system and software added to the Dellbranded and Alienware-branded hardware products from Dell through our factory-integration system, third-party software, or the reloading of software • Non-Dell-branded and Solution Provider Direct products and accessories • Problems that result from: a. External causes such as accident, abuse, misuse, or problems with electrical power b. Servicing not authorized by Dell c. Usage that is not in accordance with product instructions 079 /079