User's Manual

Important Information 7
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT,
INJUNCTIVE 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), Dell's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS.
Arbitration proceedings shall be governed by this provision and the applicable procedures of
the selected arbitration administrator, including any applicable procedures for
consumer-related disputes, in effect at the time the claim is filed. Consumer claimants
(individuals whose transaction is intended for personal, family, or household use) may elect to
pursue 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, [phone],
www.adr.org ; JAMS,
[phone],
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)
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