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Hey, great news everyone, Microsoft's Xbox 360 dashboard update is ready to download. But wait, it gets better! Not only does the dashboard update overhaul the entire Xbox 360 experience and usher in an era of voice controlled navigation, but Microsoft went the extra mile by adding a clause to the Terms of Service (ToS) stripping you of the hassle of being able to file a class action lawsuit, should you ever feel compelled! No siree, if you have an issue, you can sidestep legal action by "filling out a simple Notice of Dispute form" and mailing it in, and Microsoft will then work to resolve the dispute to your "satisfaction within 60 days." Isn't that swell?
Oh, but it gets even better. It was originally reported by Kotaku that you could opt-out of the no-sue clause by mailing a letter to Microsoft, but the software giant took that away too, saving you the cost of a postage stamp. Terminology in the ToS relating to "opt out" only applies to future changes to the agreement and not the agreement itself. Here's what Microsoft told Kotaku:
"Customers may also choose to bring their claims in their local small claims court if they meet the normal jurisdictional requirements. For detailed information, please visit: http://www.xbox.com/en-US/Legal/LiveTOU."
Microsoft isn't the first to do this. Sony created the fad back in September and Electronic Arts quickly followed suit. Microsoft now joins the fray, but whether or not such a clause is even legal is up for debate and varies by state.