Activision Wipeout Create & Crash - Manual (Page 15)

20. DRM
If you access content protected with Digital Rights Management (“DRM”), the software may automatically request
media usage rights from a rights server online and download and install DRM updates so that you can play the
content.
21. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION 21 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Dispute Resolution and Arbitration.
21.1 This Section 21 applies to you if you are domiciled in and/or acquired and use the Product in the United
States. This Section 21 may also apply to you if you are domiciled in and/or acquired and use the Product from
outside the United States. See Section 22 for details.
21.2 Initial Dispute Resolution: Our Customer Support department is available by phone ((310) 255-2050) or
on the web (support.activison.com) to address any concerns you may have regarding the Product. Most concerns
are quickly resolved in this manner to our customers’ satisfaction. The parties shall use their best efforts to settle
any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall
be a precondition to either party initiating a lawsuit or arbitration.
21.3 Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from
the time informal dispute resolution is pursued pursuant to Section 21.2, then either party may initiate binding
arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims
arising out of or relating to this Agreement (including its formation, performance and breach), the parties’
relationship with each other and/or your use of the Product shall be finally settled by binding arbitration
administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial
Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules
or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or
agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any
part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award
shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The
Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at
+1 (800) 778-7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Activision will
pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Activision will pay all of the actual
filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules
also permit you to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory
provision, they would have the right to sue in court and have a jury trial. They further understand that, in some