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MS is putting out new terms of use you need to agree to before you can get the upcoming service update with all the new features. Among the new terms it states that you will not be able to take part in class action lawsuits, you must settle legal matters individually and through an independent arbitrator. Edit: Looks like there is an option to opt-out but not sure what the older terms you would then agree to are.
http://www.xbox.com/en-US/legal/livetou

This has been in effect for several days now. We had to agree to it on both consoles. Either you accept the new terms, or you won't have XBL. It's pretty straight forward.

ToU don't usually hold up well in court anyway if it is a severe enough problem. I don't have any complaints about Microsoft (specifically the Xbox) anyway, so I don't see the ToU affecting me lol.

So there's absolutely no option to opt out even by snail mail? The ability for class action is what led MS to repairing all the RROD for free.

Just click accept.

Originally Posted by GUNNM Just click accept.

If you "just click accept", you'll be waiving your right to be part of a class action lawsuit against MS, a right which I have no intention of waiving.

It sounds like we can opt-out based on these two sections (we would have to specify in our letter what parts of section 4 we reject):

1.6. Can Microsoft change this Agreement after I have accepted it? Yes. From time to time, Microsoft may change or amend this Agreement. If we do, we'll indicate the date on which this Agreement was last updated at the top of the most current version. Your use of the Services after the date the change becomes effective will be your consent to the changed terms, except that Section 4.7 permits you to reject changes to Section 4 (arbitration agreement) within 30 days of the change. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in Section 6.10 below, except for arbitration changes you reject under Section 4.7. Otherwise, the new terms will apply to you.

4.7. Rejecting Future Arbitration Changes. You may reject any change Microsoft makes to Section 4 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 4.1. If you do, the most recent version of Section 4 before the change you rejected will apply.

They don't state whether the most recent version of Section 4 before the change also does not allow class action lawsuits. When I google new xbox terms there are articles from a year ago that mention new terms doing away with class action lawsuits. So if we opt-out now we may still be able to take part in class action lawsuits, but if there policy from ~a year ago as seen in google searches already did that, we would be rejecting this new policy and applying that older policy to ourselves which I'm not even sure if we can access it.

Originally Posted by J7. So there's absolutely no option to opt out even by snail mail? The ability for class action is what led MS to repairing all the RROD for free.

Like I said severe problems are usually exempt in a court ruling to your agreement to ToU.

Originally Posted by MrPiggles If you "just click accept", you'll be waiving your right to be part of a class action lawsuit against MS, a right which I have no intention of waiving.

Then you have no intention of having XBL. Yes it sucks they force it upon you, but like I said. Either you accept it, or say bye bye to XBL.

Originally Posted by StryderOmega Like I said severe problems are usually exempt in a court ruling to your agreement to ToU.

But this new policy states you cannot take part in legal dispute, you have to settle through an independent arbitrator, not the court system.

Originally Posted by krashhole Then you have no intention of having XBL. Yes it sucks they force it upon you, but like I said. Either you accept it, or say bye bye to XBL.

Per my previous post, we ARE able to opt-out of this, which would apply the previous terms of section 4 to us. Don't know whether the previous terms also banned class action lawsuits though. Still have to look at this search result http://www.google.com/search?q=xbox+...w=1280&bih=678

I really don't see the issues some of you have with the new TOS. Have any of you ever been involved with a lawsuit with MS? Do any of you know anyone that has been involved with a lawsuit with MS? Personally, I have never been, and have never heard of anyone else that I know in my last 5 years of being on XBL.

Originally Posted by krashhole I really don't see the issues some of you have with the new TOS. Have any of you ever been involved with a lawsuit with MS? Do any of you know anyone that has been involved with a lawsuit with MS? Personally, I have never been, and have never heard of anyone else that I know in my last 5 years of being on XBL.

Like I said before the ability for class action is what led to MS repairing every RROD console for free. Why give away my rights as a customer, as a citizen, if I don't have to? Besides benefiting from the RROD class action, I have been involved in other class actions lawsuits in which I benefited and I may be entering into another one soon. If I can mail something in and keep my previous rights I won't hesitate to. Besides, when you give up some rights, corporations will continue to push to give you less and less rights in the future.