Dell S3845cdn Printers Important Information - Page 11

(Rev. 092611

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their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy between customer and Dell. You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction 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 consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. For information on AAA or JAMS, contact the following: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com. NOTICE TO COMMERCIAL CUSTOMERS: Purchases of products, software and services from Dell by Commercial customers (including Small, Medium and Large Business and Government and Public sector customers) are pursuant to Dell's Commercial Terms of Sale, available at www.dell.com/terms and incorporated by reference in its entirety herein. (Rev. 092611) U.S. Retail Purchaser End User Agreement PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT KEEP YOUR PRODUCT. This Retail Purchaser End User Agreement ("Agreement") governs your retail purchase and use of products and/or services and support ("Product") sold in the United States by Dell, including its affiliates or subsidiaries. BY PURCHASING AND USING THE PRODUCT, YOU ("CUSTOMER") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT, AND RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE (subject to its return policy). 1 Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Dell. Important Information 9

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Important Information
9
their claims in small-claims court rather than arbitration. The arbitration or small-claims
court proceeding will be limited solely to the individual dispute or controversy between
customer and Dell.
You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER
NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision shall be severed, and the remaining arbitration terms shall be
enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under
law or in equity. This transaction 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 consumer's arbitration fees. If you prevail on any claim
that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to
you under the standards for fee shifting provided by law. For information on AAA or JAMS,
contact the following: American Arbitration Association, (800) 778-7879,
www.adr.org
; JAMS,
(800) 352-5267,
www.jamsadr.com
.
NOTICE TO COMMERCIAL CUSTOMERS
: Purchases of products, software and services
from Dell by Commercial customers (including Small, Medium and Large Business and
Government and Public sector customers) are pursuant to Dell's Commercial Terms of Sale,
available at
www.dell.com/terms
and incorporated by reference in its entirety herein.
(Rev. 092611)
U.S. Retail Purchaser End User Agreement
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF
ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN
JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS,
DO NOT KEEP YOUR PRODUCT.
This Retail Purchaser End User Agreement ("Agreement") governs your retail purchase and use of
products and/or services and support ("Product") sold in the United States by Dell, including its
affiliates or subsidiaries. BY PURCHASING AND USING THE PRODUCT, YOU
("CUSTOMER") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE, DO NOT USE THE PRODUCT, AND RETURN THE PRODUCT TO
YOUR PLACE OF PURCHASE (subject to its return policy).
1
Other Documents
. This Agreement may NOT be altered, supplemented, or amended by
the use of any other document(s) unless otherwise agreed to in a written agreement signed
by both you and Dell.