Activision Wipeout Create & Crash - Manual (Page 16)

instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
21.4 Location. If you are a resident of the United States, arbitration will take place at any reasonable location
within the United States convenient for you. For residents outside the United States, arbitration shall be initiated
in Los Angeles County, California, and you and Activision agree to submit to the personal jurisdiction of any federal
or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver
21.5 Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and the parties expressly waive their right
to file a class action or seek relief on a class basis. YOU AND ACTIVISION AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class
action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed
on a class basis, then the arbitration provision set forth above in Section 21.3 shall be deemed null and void in its
entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
21.6
Exception - Litigation of Intellectual Property and Small Claims Court
Claims:
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring
an action in state or federal court for claims relating to patents, copyrights, moral rights, trademarks, and trade
secrets, but not, for clarity, claims related to the license granted under Section 3 of this Agreement. Either party
may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
21.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class
action waiver provisions set forth in Sections 21.3, 21.4, and 21.5 by sending written notice of your decision to opt-
out to the following address: Activision Publishing, Inc., of 3100 Ocean Park Boulevard, Santa Monica, CA 90405-
3032, Attn: Business and Legal Affairs. The notice must be sent within 30 days of purchasing the Product (or if no
purchase was made, then within 30 days of the date on which you first access or use the Product), otherwise you
shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these
arbitration provisions, Activision also will not be bound by them.
22. JURISDICTION AND APPLICABLE LAW
22.1 The Product is made available subject to the terms of this Agreement. If you acquired and use the Product
from:
A. the United States Mexico, or Canada, then you are contracting with Activision Publishing, Inc., 3100
Ocean Park Boulevard, Santa Monica, CA 90405-3032 and any claims arising out of this Agreement
(including interpretation, claims for breach, and all other claims (including consumer protection,
unfair competition, and tort claims)) will be subject to the laws of the state of California, without
reference to conflict of laws principles. If any court or arbitrator determines that the class action
waiver set forth in Section 21.5 is void or unenforceable for any reason or that an arbitration can
proceed on a class basis, then any and all claims arising out of this Agreement (including
interpretation, claims for breach, and all other claims (including consumer protection, unfair
competition, and tort claims)) shall be decided under the laws of the state where you were a citizen
at the time you obtained or bought the Product that was subject to this Agreement. In addition, you
and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los