Sony FMP-X5 Guide De Référence page 14

ANY DISPUTE THAT IS NOT RESOLVED
THROUGH THE INFORMAL NEGOTIATION
PROCESS DESCRIBED ABOVE SHALL BE
RESOLVED EXCLUSIVELY THROUGH BINDING
ARBITRATION.
To begin arbitration, either you or we must make a
written demand to the other for arbitration. The
arbitration will take place before a single arbitrator.
It will be administered in keeping with the
Expedited Procedures of the Commercial
Arbitration Rules, and the Supplementary
Proceedings for Consumer-Related disputes when
applicable ("Rules") of the American Arbitration
Association ("AAA") in effect when the claim is filed.
You may get a copy of AAA's Rules by contacting
AAA at (800) 778-7879 or visiting www.adr.org. The
filing fees to begin and carry out arbitration will be
shared between you and us, but in no event shall
your fees ever exceed the amount allowable by the
special rules for Consumers Disputes provided for
by AAA, at which point Sony will cover all
additional administrative fees and expenses. This
does not prohibit the arbitrator from giving the
winning party their fees and expenses of the
arbitration when appropriate pursuant to the Rules.
Unless you and we agree differently, the arbitration
will take place in the county and state where you
live, and applicable federal or state law shall
govern the substance of any Dispute. The Federal
Arbitration Act, 9 U.S.C. § 1, et seq., will govern the
arbitration itself and not any state law on
arbitration. The arbitrator's decision will be binding
and final, except for a limited right of appeal under
the Federal Arbitration Act. The arbitrator may
award declaratory or injunctive relief only in favor
of the party seeking relief, and only to the extent
necessary to provide relief warranted by that
party's individual claim. Any court with jurisdiction
over the parties may enforce the arbitrator's
decision.
Despite the above, you have the right to litigate
any Dispute in small claims court or other similar
court of limited jurisdiction in the United States, to
the extent the amount at issue does not exceed
$15,000, and as long as such court has proper
jurisdiction and all other requirements (including
amount in controversy) are satisfied.
Despite anything to the contrary in this EULA, you
may reject changes made to the binding arbitration
provision if: (1) you've already begun authorized
use of the Sony Product at the time the change
was/is made; and (2) you mail written notice to the
address in the immediately preceding paragraph
within 30 days after the particular change was/is
made. Should such a situation arise, you will still be
bound by the Dispute procedures you previously
agreed to and existing before the change you
rejected was made.
Any Dispute determined not subject to arbitration
and not initiated in small claims court will be
litigated by either party in a court of competent
jurisdiction in either the Superior Court for the
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County of San Diego or in the United States District
Court for the Southern District of California.
Notwithstanding the foregoing to the contrary,
either party may initiate litigation immediately with
respect to any matter arising out of or in
connection with this Agreement for which
equitable relief (or an equivalent type of urgent
legal relief) is sought. You agree that any violation
of or non-compliance with any term or condition
this EULA by you will constitute an unlawful and
unfair business practice, and will cause irreparable
harm to Sony, its affiliates or third party licensors
for which monetary damages would be
inadequate, and you consent to Sony obtaining any
injunctive or equitable relief that Sony deems
necessary or appropriate in such circumstances.
These remedies are in addition to any other
remedies that may be available to Sony under
contract, at law or in equity.
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Should you have any questions concerning this
EULA, you may contact Sony by writing to Sony
Technical Response Center, 12451 Gateway
Boulevard, Fort Myers, Florida 33913, USA.
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