You are forced into binding arbitration in case of disputes


Service: Discord
Status: DECLINED
Changes: 3
Source: link
Author: Dwindling (32899)


Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires emailing disputes@discordapp.com a written notice (“Written Notice”), which must include: (1) your name. (2) the email address or phone number associated with your Discord account. (3) a detailed description of the issue. and (4) how you’d like to resolve it.&nbsp. If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Discord agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.&nbsp. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to disputes@discordapp.com, while the parties attempt informal resolution.</p> <p>If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (“OCDS”) mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.&nbsp. Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to disputes@discordapp.com, will not toll the applicable statutes of limitations or other deadlines.</p> <p> <strong>Governing law and jurisdiction.</strong> The Federal Arbitration Act, federal arbitration law, and California law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in these courts.</p> <p>If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.</p> <p> <strong>Agreement to arbitrate.</strong> </p> <p>‍IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS.&nbsp. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:</p> <p>You and Discord agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and Discord agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside.&nbsp. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section.


Comments:
On 2024-08-30 12:01:45 UTC, Cecilcrespo (37822) wrote:



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On 2024-09-30 02:47:22 UTC, elenagilbert (38203) wrote:

Are there any specific exemptions that allow me to bypass the informal resolution process before initiating formal dispute resolution, especially in relation to my legal Retro Bowl rights as a consumer in the European Union?

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On 2024-10-16 09:33:14 UTC, shadowwwind (28460) Staff wrote:

APPROVED
No comment given

On 2024-10-16 09:34:19 UTC, shadowwwind (28460) Staff wrote:

declined: dupelicate of https://edit.tosdr.org/points/11441



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2024-10-16 09:34:19 UTC by shadowwwind (28460)

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: APPROVED

Updated Status: DECLINED

Version 2: 2024-10-16 09:33:14 UTC by shadowwwind (28460)

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: PENDING

Updated Status: APPROVED

Version 3: 2024-05-27 20:36:33 UTC by Dwindling (32899)

Previous Title:

Updated Title: You are forced into binding arbitration in case of disputes

Previous Analysis:

Updated Analysis: Generated through the annotate view

Previous Status:

Updated Status: PENDING