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."
However, this trend of companies like Electronic Arts and Sony adding a "can't class action sue" us waiver has caused some state governments to lash back. Illinois has already ruled that consumers must always be given the right to pursue legal action in a court of law, while Ohio and New Mexico looking into it as well. Of course, this isn't the same as a class action suit, so stay tuned.
Gamers outside the US don't have to worry about the waiver. Of course, most countries don't allow class action suits in the first place.