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The waiver structures dispute resolution to proceed on an individual basis, which affects how disputes are adjudicated and the procedural framework available to parties. The opt-out mechanism creates a bounded window during which users may elect different dispute resolution terms.
Users accepting the agreement are bound to resolve disputes individually through arbitration rather than participating in class or collective proceedings. Users who wish to pursue disputes through court litigation or class actions must affirmatively opt out within the specified timeframe.
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"PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 17). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER.— Excerpt from Unreal Engine's Unreal Engine EULA
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The waiver structures dispute resolution to proceed on an individual basis, which affects how disputes are adjudicated and the procedural framework available to parties. The opt-out mechanism creates a bounded window during which users may elect different dispute resolution terms.
Users accepting the agreement are bound to resolve disputes individually through arbitration rather than participating in class or collective proceedings. Users who wish to pursue disputes through court litigation or class actions must affirmatively opt out within the specified timeframe.
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