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this Agreement), customer's purchase and use of the
product, Dell's advertising, or any related purchase SHALL
BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure
then in effect (available via the Internet at http://www.arb-
forum.com, or via telephone at 1-800-474-2371). In the event
of any inconsistency or conflict between NAF Code of
Procedure and this Agreement, this Agreement shall
control. The arbitration will be limited solely to the dispute
or controversy between customer and Dell. NEITHER
CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS, OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. The individual (non-class)
nature of this dispute provision goes to the essence of the
parties' arbitration agreement, and if found unenforceable,
the entire arbitration provision shall not be enforced. This
transaction involves interstate commerce, and this
provision 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 customer arbitration fees. If any customer
prevails on any claim that affords the prevailing party
attorneys' fees, or if there is a written agreement providing
for fees, the Arbitrator may award reasonable fees to the
prevailing party, under the standards for fee shifting
provided by law. Otherwise, each party shall pay for its own
costs and attorneys' fees, if any. Information may be
obtained and claims may be filed with the NAF at P.O. Box
50191, Minneapolis, MN 55405.
U721K_A00_bk0.book Page 19 Thursday, March 26, 2009 12:39 PM