Last updated: January 5, 2023
TABLE OF CONTENTS
- INFORMATION WE COLLECT
- HOW WE USE THE INFORMATION
- INFORMATION SHARING AND DISCLOSURE
- YOUR CHOICES AND CONTROLS
- COOKIES AND OTHER TECHNICAL INFORMATION
- INFORMATION SECURITY
- HOW YOU CAN ACCESS, DELETE, OR CORRECT INFORMATION
- INTERNATIONAL TRANSFER
- CALIFORNIA AND OTHER US STATES RIGHTS
- HOW TO CONTACT US
INFORMATION WE COLLECT
Registration, account, and sign-up information. We may collect Information in the course of your use of, or registration with, our Sites. For example, when you create an account, register for or download an app, or sign-up for a product or service, you may provide us with certain personal information. This type of personal information may include name, phone number, postal address, fax number, email address, or certain payment information (e.g., billing and transaction information). We may also collect Information about your interest in and use of various products, programs, services, and content available on or through our Sites.
Other information you provide. When you interact with our Sites, you may share other information about yourself by, for example, publishing and sharing the information with the Site’s website or in the Site’s community, creating a profile, or filing out a survey or application. Sometimes you may also choose to provide more sensitive forms of personal information to us, such as information regarding your physical or mental health, biometric data, race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, or trade union membership. For example, we may collect this type of sensitive information if you participate in surveys, focus groups, or opportunities to test new products, programs, or services. We collect this sensitive information with your consent, if required by law, and we take steps to protect and limit any use of it to the purposes for which it is provided. We may use third party service providers and/or third-party software to record voice or text chat to help address customer service inquiries.
Information from others; inviting friends. On some of our Sites we may collect Information other people submit about you. For example, a friend might submit Information to invite you to participate in an offering, make recommendations, or share content. By processing these requests, we may receive your Information, including a recipient’s name, postal address, email address, telephone number, or information about your interest in and use of various products, programs, services, and content. Some of our Sites also allow users to invite friends to participate in activities by providing their friends’ contact details or importing contacts from your address book or from other sites.
Information from other sources. On occasion, we combine Information with other online information we receive, including usage information about your interactions with other websites and with online advertising and media. We also supplement or combine Information with Information from a variety of other sources or outside records, including third-party data providers that provide us with Information such as demographics, transaction and purchase history, Information about the content and advertisements you interact with, or inferences about your demographics or preferences. We may receive Information from third parties with which you have a subscription agreement that includes access to our content or services, such as a cable or smart device provider.
Location information. We may have access to certain Information about your location, such as your country or address, when you provide it either directly or via device information. If you access our Sites on your mobile device, we may collect Information about your device’s precise location. We also may derive a general location from device information (such as an IP address).
Event Information, including images and clips, whether captured via technology, such as a photo booth or by other means, by us or a third party on our behalf, and other Information relating to participation in the event, such as food allergies and other individual requirements.
Information you provide through camera access. For some Sites, we will ask for permission to access your device’s camera. If you grant permission, you may be able to take pictures or video within the app experience or to access certain augmented reality (“AR”) features or similar interactive features. Some of these features may rely on camera systems to track movements of your eyes and other facial features or your immediate surroundings to apply AR effects, filters, or other features. Information gathered from some facial scanning technology (e.g. TrueDepth API), is only used to make these services and features available to you and is only persistent on the device during use of the AR features. Other facial scanning technology may be used for research, analytics, and enhancing consumer experiences.
Video and streaming information. For some Sites, we collect information about the films, TV shows, and videos that you view. For example, if you stream video content using our Sites, we may collect information about your interaction with that content or service, such as the title and genre, watchlists you compile, and searches you conduct, duration and number of streams and downloads and system information related to streaming and download quality.
Technical and usage information. We also collect certain technical and usage information when you use our Sites, such as the type of device, browser, and operating system you are using, accounts you use or link together, your Internet service provider or mobile carrier, unique device identifier, IDFA or IDFV, MAC address, IP address, device and browser settings, the webpages and apps you use, advertisements you see and interact with, and certain Site usage information. See our Cookies and Other Technical Information section for more information on how we may use these technologies to collect this Information. We may use service providers or other solutions to record users’ interactions with our Sites, which may include mouse clicks, mouse movements, page scrolling, and keystrokes/key touches during those sessions. We typically use these recordings to diagnose issues, identify areas for improvement of our Sites, and encourage further engagement with our Sites.
HOW WE USE THE INFORMATION
We use Information for the purposes described in this policy or disclosed at the time of collection or with your consent.
Providing and marketing products and services. We may use the Information we collect about you through our Sites to fulfill your requests for, and otherwise provide or analyze your use of our products, programs, services and content, to facilitate sharing and other interactions with Social Media Sites, and to provide, develop, maintain, personalize, protect, and improve your experience and our offerings. For example, we use Information we collect to enable you to do things like (i) watch trailers, movies, programs, and video clips, (ii) get entertainment news and updates, (iii) get information about our products, programs, services, and content, (iv) locate and access personalized information or functionality based on your interests or location (e.g., find stores, theaters, or show times), (v) buy digital content, movie tickets, or other purchases (vi) play games, (vii) engage with interactive features, activities, and Social Media Sites, (viii) read and post comments, content, and reviews, (ix) fill out surveys or provide feedback, or (x) enter promotions, contests, and sweepstakes. We may also use Information to offer, market, and advertise products, programs, and services from us and our affiliates, business partners, and select third parties that we believe may be of interest to you or assess features of a Site and options to encourage more engagement. Information you provide on one Site may be used to provide targeted marketing and/or advertising on another Site.
Communicating with you and others. We may use Information about you to communicate with you, such as (i) to notify you when you win one of our contests or sweepstakes or when we make changes to our policies or user agreements, (ii) to respond to your inquiries and provide you with customer service, (iii) to communicate with you about your purchases or transactions, (iv) to contact you about your account, or (v) to send you information about promotions, offerings, and Site features. You may also choose to receive push notifications from us on your mobile device. If you choose to submit content for publication online or in other forums, we may publish your screen name or username and other Information you have provided to us on our Sites, the Internet, or elsewhere. We use Information that you provide about others to enable us to send them invitations, promotions, or other content on your behalf or through our Sites. From time to time, we also may use this Information to offer, market, or advertise products, programs, or services to them from us and our affiliates, and business partners.
Use of technical and usage information. We may use technical and usage information to improve the design, functionality and content of our Sites and to enable us to personalize your experience with our Sites and offerings. For example, we may use this Information (i) to provide, develop, maintain, personalize, protect, and improve our Sites, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Sites, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, and (iv) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services.
INFORMATION SHARING AND DISCLOSURE
We may share and disclose Information in the following ways or for any other purpose disclosed at the time of collection:
With your consent. We may disclose Information when you provide us with your consent to do so.
Change of control. We may transfer Information in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.
Service providers. Organizations that perform services for us may have access to Information to help carry out the services they are performing for us, such as, but not limited to, creation, maintenance, hosting, and delivery of our Sites, products, and services, conduct marketing, handle payments, email and order fulfillment, administer contests, conduct research and analytics, or customer service.
Linked sites. Some of our Sites contain links to other sites, including Social Media Sites, whose information practices may be different from ours. Information you submit to other sites will be governed by the other sites’ privacy policies and terms.
Advertising networks. We may share certain information with parties to provide advertising to you based on your interests. For more information, please see our Ad Choices section below.
YOUR CHOICES AND CONTROLS
Marketing communications and sharing with third parties. We provide you with an opportunity to express your preferences with respect to receiving certain marketing communications from us, and our sharing of personal information with unaffiliated third parties for their direct marketing purposes. If you ever decide in the future that you would like to update these preferences, you may (i) log in to an account you have created with us at one of our Sites to adjust your settings, or (ii) send us an email at firstname.lastname@example.org. To opt out of receiving our email marketing communications, you can also follow the “unsubscribe” instructions provided in any marketing email you receive from us. If you previously chose to receive push notifications on your mobile device from us, but no longer wish to receive them, you can manage your preferences through your device or app settings, depending on the type of device. If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message.
For more information about interest-based or targeted advertising on your desktop or mobile browser, and to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative website (https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options) and/or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising website (https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options).
To learn more about interest-based or targeted advertising in mobile apps and to opt out of this type of advertising by third parties that participate in the DAA’s AppChoices tool, please use this link to download the version of AppChoices for your device (https://youradchoices.com/appchoices). Please note that any opt-out choice you exercise through these programs will apply to interest-based or targeted advertising by the third parties you select, but will still allow the collection of data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests.
To opt out of our own collection, use, and transfer of data as described above for interest-based advertising, please visit our Opt-Out page (https://www.warnermediaprivacy.com/opt-out/) to opt-out. Please note that if you opt out, we will continue to collect data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising on our Sites based on your activities on our Sites.
You may have more options depending on your mobile device and operating system. For example, most device operating systems (e.g., iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provide their own instructions on how to limit or prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to learn more about these features and how they apply to tailored in-app advertisements.
Precise location information. To disable the collection of precise location information from your mobile device through our mobile apps, you can access your mobile device settings and choose to limit that collection.
See also our Cookies and Other Technical Information section for more choices about managing other technical and usage information.
COOKIES AND OTHER TECHNICAL INFORMATION
Cookies and other technologies. We, and our affiliates, vendors, and business partners may send “cookies” to your computer or use similar technologies to understand and enhance your online experience at our Sites and through our advertising and media across the Internet and mobile apps.
We may use these technologies to help recognize your browser or device, maintain your preferences, provide certain Site features, and collect Information about interactions with our Sites, our content, and our communications. For example, when corresponding with you via HTML capable email, web beacons and other technologies let us know about your activity, including whether you received and opened our email, clicked through a link, or otherwise interacted with our content, and this information may be associated with Information previously collected.
We may also use these other technologies (i) to provide, develop, maintain, personalize, protect, and improve our Sites, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Sites and marketing materials, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, (v) to synchronize users across devices, affiliates, business partners, and select third parties, and (vi) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services. These technologies also facilitate, manage, and measure the performance of targeted advertisements displayed on or delivered by or through us and/or other networks or sites. By visiting the Site, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Site through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you.
Managing cookies and other technologies. These technologies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies and other tracking technologies.
You may adjust your browser to reject cookies from us or from any other website. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking these technologies might prevent you from accessing some of our content or Site features.
Some of our Sites may use locally stored objects (“LSOs”) to provide certain content, such as video on demand, video clips, or animation, and a better user experience. Adobe’s Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools by visiting Adobe’s web site. Your browser may also offer other tools to delete or reject other LSOs; please check your browser’s settings or help menu for more information.
Some of our sites may use Google Analytics to analyze traffic. You can find out more information about Google Analytics cookiesby visiting the following location provided: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt out of Google Analytics relating to your use of our Sites, you can download and install the Browser Plugin available by visiting the following location provided: https://tools.google.com/dlpage/gaoptout?hl=en.
See the Your Choices and Controls section to learn how to control data collection for certain purposes.
We have put in place reasonable controls designed to help safeguard the personal information we collect via the Sites. However, no security measures are perfect, and we cannot assure you that personal information that we collect will never be accessed or used in an unauthorized way.
HOW YOU CAN ACCESS, DELETE, OR CORRECT INFORMATION
We operate internationally, and many of our computer systems are currently based in the United States, which means Information we collect will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you use or visit our Sites from outside the United States, you consent to the collection and/or processing in the United States of Information we collect from you.
CALIFORNIA & OTHER US STATES RIGHTS
Some US states, such as California and Virginia, require us to inform their residents about additional privacy information and rights. Please visit our California & Other US States Rights page (https://www.warnermediaprivacy.com/policycenter/b2c/CA-rights/en-us), which provides this additional privacy information and explains those additional rights.
HOW TO CONTACT US
TERMS & CONDITIONS
You can learn more about our affiliated companies by visiting our controller and affiliate site: https://www.warnermediaprivacy.com/policycenter/b2c/affiliateslist/.
3.) Intellectual Property Statement
All content of our Web Site and Service(s) is the copyrighted material of the Company or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. The Web Site and Service(s) include content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Company or other third parties. Except as set forth in the relevant license agreements, nothing contained in our Web Site and/or Service(s) grants any license or other right to any the Company’s intellectual property or any third party’s intellectual property. The appropriate party reserves all right, title and interest to its intellectual property on or associated with the Web Site and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the content of our Web Site and/or Service(s) without obtaining the written permission of the Company.
4.) Applicable Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 11 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in New York County, New York; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claim.
As part of the Web Site and/or Service(s) you agree that you may receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of any such communication, you will have the option to opt-out or unsubscribe.
6.) Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. THE COMPANY AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND/OR SERVICE(S) AND YOUR USE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEB SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEB SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR THE SERVICE(S). THE COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEB SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.
7.) Limitation of Liability and Time Limitation for Claims
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY’S USE OF THE WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
8.) Guidelines for Children
It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. By accessing the Web Site and/or Service(s), you affirm that you are more than 18 years old, are an emancipated minor, or have the consent of your parents or legal guardian and, therefore, are fully capable and competent to abide by and enter into the agreements and obligations set forth in these Terms of Services. Otherwise, you further affirm that you are at least 13 years old as the Web Site and/or Service(s) are not intended for children under 13 years old. If you do not comply with this age restriction, please do not use the Web Site and/or Service(s).
9.) Termination of Web Site and/or Service(s)
AT&T SportsNet reserves the right to terminate the Web Site and/or Service(s) in their entirety at any time and for any reason.
10.) Dispute Resolution
Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please contact AT&T SportsNet Customer Support at the following website: https://www.attsportsnet.com/contact-us/. In the unlikely event that you’re not satisfied with customer service’s solution (or if AT&T SportsNet has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.
(1) Claims Subject to Arbitration: AT&T SportsNet and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims for mental or emotional distress or injury not arising out of physical bodily injury;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to “AT&T SportsNet,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including WarnerMedia and its affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to AT&T SportsNet should be sent by certified mail to: General Counsel, WarnerMedia News & Sports, 1 CNN Center, Atlanta, GA 30303 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf.
(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online by visiting the following website: www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.
(4) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.
(5) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
- pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys’ fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys’ fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.
The right to the attorney premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys’ fees or costs. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.
(6) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.
(7) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.