ANY
DISPUTE
THAT
IS
NOT
RESOLVED
THROUGH
THE
INFORMAL NEGOTIATION
PROCESS
DESCRIBED
ABOVE, SHALL
BE
RESOLVED
EXCLUSIVELY
THROUGH BINDING ARBITRATION ADMINISTERED
BY
THE
AMERICAN ARBITRATION
ASSOCIATION ("AAA")
IN
ACCORDANCE
WITH
ITS
COMMERCIAL ARBITRATION
RULES,
AND
THE
SUPPLEMENTARY
PROCEEDINGS
FOR
CONSUMER-RELATED
DISPUTES
WHEN
APPLICABLE, AND JUDGMENT ON
THE
AWARD
RENDERED
BY
THE
ARBITRATOR
MAY
BE
ENTERED
IN
ANY
COURT
HAVING
JURISDICTION
THEREOF.
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
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
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
provided
in
this
section
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
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
EULAfor
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
of
this
EULA
by
you
will
constitute
an
unlawful
and
unfair
business practice,
and
will
cause irreparable
harm
to
Sony, i
ts
employees
,
directors, officers, agents, affiliates, subsidiaries,
third
party providers,
third
party
licensors,
third
party
licensees,
content
providers,
and
direct
and
indirect
parent(s)
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.
THE
PARTIES
HERETO
WAIVE TRIAL
BY
JURY
WITH
RESPECT
TO ANY
rylATTERS
ARISING
UNDER
OR
RELATING
TO
THIS
EULA
.
Any
claim
or
cause
of
action related
to
or
arising
out
of
your
purchase
or
use
of
the
Sony
Product, Sony Software,
Sony
Content & Services
or
this
EULA
must
be
commenced
within
one
(1)
year
after
the
claim
or
cause
of
action
arises.
YOU
AGREE
TO
BRING
ANY
DISPUTES
GOVERNED
BY
THIS
EULA IN
YOUR
INDIVIDUAL
CAPACITY
AND
NOT
AS
A
PLAINTIFF,
CLASS
MEMBER,
OR
REPRESENTATIVE
IN
ANY
PURPORTED
CLASS
OR
REPRESENTATIVE
ACTION.
YOU
AGREE
TO WAIVE ANY
RIGHT
TO
PARTICIPATE
IN
ANY
REPRESENTATIVE
OR
CLASS
ACTION.
YOU
AGREE
THAT
THE
ARBITRATOR
MAY
NOT
CONSOLIDATE
MORE
THAN
ONE
INDIVIDUAL'S CLAIMS, AND MAY NOT
OTHERWISE
PRESIDE
OVER
ANY
FORM
OF
REPRESENTATIVE
OR
CLASS
ACTION
PROCEEDING.
THE
ARBITRATOR
SHALL
DECIDE
ALL
OTHER
ISSUES
OF
ARBITRABILITY.
AUTOMATIC
UPDATE
FEATURE
/ MODIFICATION
OF
EULA
AS
TO
SERVICES
From
time
to
time,
Sony
or
third
parties
may
automatically
update
or
otherwise
modify
the
Sony Software,
for
example
,
but
not
limited
to,
for
purposes
of
error
correction,
improvement
of
features,
and
enhancement
of
security
features. Such
updates
or
modifications
may
change
or
delete
the
nature
offeatures
or
other
aspec
ts
of
the
Sony
Software,
including
features
you
may
rely
upon
. You
hereby
agree
that
such activities
may
occur
at
Sony's sole
discretion and
that
Sony
may
condition
continued
use
of
the
Sony Software
upon
your
complete
installation
or
acceptance
of
such
update
or
modifications.
Sony
may
add
to,
change,
or
remove any
part
,
term
,
or
condit
i
on
of
the
EULA
as
it
applies
to
the
Sony Software,
the
Services,
and/or
the
Content
at
any
time
without
prior
notice
to
you.
Any
such
additions
, changes,
or
removals
or
any
terms
posted
in
the
Sony
Entertainment
Netwo
rk feature
shall
apply
as
soon
as
they
are posted.
By
continuing
to
use Sony Software
or
access
the
Services,
the
Sony Content
Services,
the
Content,
and/or
the
Sony
Content
after
so
posted,
you
are
indicating
your
acceptance thereto. SONY
MAY ADD, CHANGE,
DISCONTINUE,
REMOVE,
OR
SUSPEND
ANY
OF
THE
SERVICES
OR
THE
SONY
CONTENT
SERVICES
,
TEMPORARILY
OR
PERMANENTLY,
AT
ANY TIME, WITHOUT
NOTICE
AND WITHOUT LIABILITY. WITHOUT
PREJUDICE
TO
ANY
OTHER
RIGHTS,
SONY MAY
SUSPEND
OR
TERMINATE
THIS
EULA
AS
TO
THE
SERVICES,
THE
SONY
CONTENT
SERVICES,
THE
CONTENT,
AND/OR
THE
SONY
CONTENT
IMMEDIATELY
UPON
NOTICE
IF
YOU
FAIL
TO
COMPLY
WITH
7
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