Symantec Norton Internet Security 2013 + Anti-Theft 1.0 Manual download pdf (Page 7)

“NOTICE OF CLAIM”. The Notice of Claim

should include both the mailing address and

email address You would like Symantec to

use to contact You. If Symantec elects to seek

arbitration, it will send, by certified mail, a

written Notice of Claim to Your billing

address on file. A Notice of Claim, whether

sent by You or by Symantec, must (a) describe

the nature and basis of the claim or dispute;

and (b) set forth the specific amount of

damages or other relief sought ("Demand").

If You and Symantec do not reach an

agreement to resolve the claim within thirty

(30) days after the Notice of Claim is received,

You or Symantec may commence an

arbitration proceeding or file a claim in small

claims court. You may download or copy a

form of notice and a form to initiate

arbitration at www.adr.org. If You are

required to pay a filing fee, Symantec will

promptly reimburse You for Your payment

of the filing fee after arbitration is

commenced. The arbitration will be governed

by the Commercial Arbitration Rules and the

Supplementary Procedures for Consumer

Related Disputes (collectively, "AAA Rules")

of the American Arbitration Association

("AAA"), as modified by this License

Agreement, and will be administered by the

AAA. The AAA Rules and Forms are available

online at www.adr.org or by calling the AAA

at 1-800-778-7879. The arbitrator is bound

by the terms of this License Agreement. All

issues are for the arbitrator to decide,

including issues relating to the scope and

enforceability of this arbitration provision.

Unless Symantec and You agree otherwise,

any arbitration hearings will take place in

the county (or parish) of either the mailing

address You provided in Your Notice or, if no

address was provided in Your Notice, Your

billing address on file. If Your claim is for

U.S. $10,000 or less, Symantec agrees that

You may choose whether the arbitration will

be conducted solely on the basis of

documents submitted to the arbitrator,

through a telephonic hearing, or by an

in-person hearing as established by the AAA

Rules. If Your claim exceeds U.S. $10,000,

the right to a hearing will be determined by

the AAA Rules. Regardless of the manner in

which the arbitration is conducted, the

arbitrator shall issue a reasoned written

decision sufficient to explain the essential

findings and conclusions on which the award

is based. If the arbitrator issues You an award

that is greater than the value of Symantec’s

last written settlement offer made before an

arbitrator was selected (or if Symantec did

not make a settlement offer before an

arbitrator was selected), then Symantec will

pay You, in addition to the award, either U.S.

$500 or 10% of the amount awarded,

whichever is greater. Except as expressly set

forth herein, the payment of all filing,

administration and arbitrator fees will be

governed by the AAA Rules.

YOU AND SYMANTEC 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.

Further, unless both You and Symantec agree

otherwise, the arbitrator may not consolidate

more than one person's claims with Your

claims, and may not otherwise preside over

any form of a representative or class

proceeding. If this specific provision is found

to be unenforceable, then the entirety of this

arbitration provision shall be null and void.

The arbitrator may award declaratory or

injunctive relief only in favor of the

individual party seeking relief and only to

the extent necessary to provide relief

warranted by that party's individual claim.

12. General:

This License Agreement will be governed by

the laws of the State of California, United

States of America. This License Agreement

is the entire agreement between You and

Symantec relating to the Software and: (i)

supersedes all prior or contemporaneous oral

or written communications, proposals, and

representations with respect to its subject

matter; and (ii) prevails over any conflicting

or additional terms of any quote, order,

acknowledgment, or similar communications

between the parties. Notwithstanding the

foregoing, nothing in this License Agreement

will diminish any rights You may have under

existing consumer protection legislation or

other applicable laws in Your jurisdiction

that may not be waived by contract.

Symantec may terminate this License

Agreement if You breach any term contained

in this License Agreement (other than a

trivial or inconsequential breach) and, if such

termination occurs, You must cease use of

and destroy all copies of the Software and

Documentation. The disclaimers of

warranties and damages and limitations on

liability shall survive and continue to apply

after termination. This License Agreement

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Symantec Norton Internet Security 2013 + Anti-Theft 1.0 Manual Page 7

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