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"Microsoft just rolled out a big dashboard update to the Xbox 360. In addition to new voice and gesture controls, Microsoft has also updated its terms of service agreement with a new clause that prevents users from suing Microsoft in the event something unexpected happens to the Xbox 360 or the Xbox Live service.\nThe gist of the legal document is this: Microsoft wants to settle potential legal issues out of court and in arbitration. Therefore, if you want to use the Xbox Live service, you must agree not to sue Microsoft or to enter into a class action lawsuit. For those who are legally inclined, the full terms of service (TOS) for U.S. users is available online and the legal disclaimer stuff starts at section 18.1.4.\nMicrosoft is no stranger to class-action consumer lawsuits in relation to the Xbox 360. Early iterations of the console were plagued by the \"red ring of death\" and the company was forced to extend its warranty and replace a significant number of broken consoles.\nSony updated its PlayStation Network terms of service to prevent class action lawsuits in September. This move followed the massive PlayStation Network hack in April, 2011. Sony continues to face legal challenges over that security breach and presumably decided to limit its liabilities in the future.\nElectronic Arts has also updated its terms of service to include \"no sue\" clauses.\nThough understandable from a liabilities point of view, forced mediation is bad news for consumers. Microsoft says that there is no way to opt-out of this agreement. In other words, if you want to use Xbox Live, you can't sue Microsoft.\nWhat do you think of these types of terms of service clauses?"^^<http://www.w3.org/2001/XMLSchema#string>
<http://mashable.com/2011/12/09/xbox-live-no-sue-clause/>