Lawsuit and class action waiver. Arbitration agreement. Survives termination of ToU agreement.


Service: netflix
Status: approved
Changes: 5
Source: link
Author: michielbdejong


<p>YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH NETFLIX (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).</p>


Comments:
On 2018-01-16 15:26:34 UTC, someone wrote:

imported from L5pl0Vn9lKY-11

On 2018-09-10 06:18:11 UTC, madleary wrote:

approved:

On 2018-09-10 06:20:21 UTC, madleary wrote:

changes-requested: Curator here. The body of the analysis ought to be more succinct. For ease of comprehension by readers, we should avoid drawing directly from the terms in the analysis when we already quote the terms.

On 2018-09-10 10:14:04 UTC, import script wrote:

scripted message: moving this point to Michiel

On 2018-09-10 12:25:09 UTC, michielbdejong wrote:

removed analysis that didn't add information to title + quote.

On 2019-01-10 18:16:30 UTC, madleary wrote:

approved:



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: 10/01/19 - 18:16 by madleary

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 2: 10/09/18 - 12:25 by michielbdejong

Previous Title: No changes recorded

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Previous Analysis: “You and Netflix agree that any dispute, claim or controversy arising out of or relating in any way to the Netflix service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration 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. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Netflix are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Netflix membership. YOU AND NETFLIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.”

Updated Analysis:

Previous Status: changes-requested

Updated Status: pending

Version 3: 10/09/18 - 06:20 by madleary

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Previous Analysis: No changes recorded

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Previous Status: approved

Updated Status: changes-requested

Version 4: 10/09/18 - 06:18 by madleary

Previous Title: No changes recorded

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Previous Analysis: No changes recorded

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Previous Status: pending

Updated Status: approved

Version 5: 29/08/18 - 13:34 by import script

Previous Title: No changes recorded

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Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: approved

Updated Status: pending