IPTV ltd Dispute Resolution Terms
1. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver
READ THESE DISPUTE RESOLUTION TERMS CAREFULLY. THEY SUPERSEDE AND REPLACE ALL PRIOR TERMS FOR RESOLVING DISPUTES BETWEEN YOU AND IPTV ltd, REQUIRE YOU AND IPTV ltd TO ARBITRATE CERTAIN CLAIMS, AND LIMIT HOW YOU AND IPTV ltd CAN SEEK RELIEF FROM EACH OTHER. WITH LIMITED EXCEPTIONS, THESE TERMS PRECLUDE YOU AND IPTV ltd FROM SUING IN COURT OR PARTICIPATING IN A CLASS ACTION AND YOU AND IPTV ltd AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. YOU AND IPTV ltd ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. FOLLOW THE INSTRUCTIONS BELOW IN SECTION 1(L) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE.
A. Claims Subject to these Dispute Resolution Terms. These Dispute Resolution Terms apply to all Claims between you and IPTV ltd, including those that arose before and after you accepted any version of these terms containing an arbitration provision. A “Claim” is any dispute, claim, cause of action, or controversy between you and IPTV ltd, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises from or relates to your IPTV ltd account, any of our products, software, or services (including any devices linked to your IPTV ltd account, whether or not owned by you), any advertising or promotions conducted by or for IPTV ltd, or any use or disclosure of your information or information about you, or claims related to the arbitrability, validity, enforceability, or scope of any IPTV ltd consumer terms and conditions between you and IPTV ltd (including these Dispute Resolution Terms) or any portion of them.
B. Customer Service Resolution. Our customer support team is available to address concerns you may have regarding our products, software, and services. You may contact them by visiting https://support.IPTV ltd.com/. Most matters can be quickly resolved in this manner to our customers’ satisfaction.
C. Required Informal Dispute Resolution. Except for IP Claims (defined in Section 1(D)) and Claims requiring a temporary restraining order, if either of us has a Claim against the other, both of us must first attempt to resolve the Claim informally before the Claim may be brought in arbitration. You and IPTV ltd will make a good-faith effort to negotiate for 45 days towards the resolution of any Claim, or for a longer period as mutually agreed in writing by you and IPTV ltd, (“Informal Resolution Period”) from the day you or IPTV ltd receive a written notice of a Claim from the other party (a “Claimant Notice”) meeting the requirements described below.
You will send any Claimant Notice to IPTV ltd by certified mail addressed to General Counsel, IPTV ltd Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 or to IPTV ltd’s registered agent for service of process. IPTV ltd will send any Claimant Notice to you by certified mail using the current postal address you provided in your IPTV ltd account. If you did not provide your postal address to us, IPTV ltd will send any Claimant Notice to the email address associated with your IPTV ltd account, which you have provided to us. The Claimant Notice sent by either party must provide factual information sufficient for the receiving party to evaluate the individual Claim and must (i) include the claimant’s name, address, email address, and any relevant purchase information and product information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested, including a good-faith explanation of how the specific relief requested was determined.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of resolution if it chooses to do so. During the Informal Resolution Period, you and IPTV ltd will participate in an individual meet-and-confer (“Meet-and-Confer”) in person or via teleconference or videoconference. The Meet-and-Confer will address only the Claims between you and IPTV ltd. If you are represented by counsel, your counsel may participate in the Meet-and-Confer, but you will still need to be present for the Meet-and-Confer. IPTV ltd will participate through one of its representatives, and its counsel may also be present. You or IPTV ltd can file a Claim in arbitration only upon completion of the Meet-and-Confer for your Claim and only after the end of the Informal Resolution Period.
If you or IPTV ltd file a Claim in arbitration without complying with the requirements in these Dispute Resolution Terms, including waiting until the conclusion of the Informal Resolution Period and completion of the Meet-and-Confer, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party who has not followed the requirements, including to reimburse that party for any reasonable costs and fees—including arbitration fees, attorney fees, and expert fees.
The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that you and IPTV ltd can engage in this informal dispute-resolution process.
D. Claims Subject to Binding Arbitration; Exceptions. Except for “IP Claims,” which are disputes that exclusively relate to infringement of your or IPTV ltd’s intellectual-property rights (such as patent, copyright, trademark, tradename, trade dress, trade secret, or moral rights, but excluding any privacy or publicity rights), both parties agree that all Claims meeting the requirements of Section 1(C) that are not resolved during the Informal Resolution Period, including Claims that are unrelated to IP Claims but are jointly filed with IP Claims, will only be resolved by a neutral arbitrator through final and binding arbitration instead of in a court.
E. Binding Individual Arbitration. Subject to the terms of Sections 1(C) and 1(F), a Claim not excluded under Section 1(D) may be resolved only by binding individual arbitration conducted by American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by AAA, if you are a “Consumer,” meaning that you only use our products, software, or services for personal, family, or household purposes, the rules applicable to Claims between you and IPTV ltd (the “Applicable Rules”) are the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Dispute Resolution Terms.
If the AAA notifies the parties in writing that it is not available to arbitrate any such Claim, that Claim may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), www.namadr.com/, according to the FAA. For Claims arbitrated by NAM, the Applicable Rules are the then-current version of NAM’s Comprehensive Dispute Resolution Rules and Procedures, as modified by these Dispute Resolution Terms.
The enforceability of these Dispute Resolution Terms will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Dispute Resolution Terms, and the Applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or IPTV ltd to satisfy one of the individual Claims. The arbitrator’s award shall be binding on both you and IPTV ltd and may be entered as a judgment in any court of competent jurisdiction. You and IPTV ltd understand that absent these Dispute Resolution Terms, each would have the right to sue in court and have a jury trial. You and IPTV ltd further understand that the right to discovery may be more limited in arbitration than in court.
You or IPTV ltd may initiate arbitration of any Claim meeting the requirements of Section 1(C) that are not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Applicable Rules (or with NAM in accordance with the Applicable Rules if applicable pursuant to this Section 1(E)). Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879, and instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550.
You will send a copy of any demand for arbitration to IPTV ltd by certified mail addressed to General Counsel, IPTV ltd Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 or IPTV ltd’s registered agent for service of process. IPTV ltd will send any demand for arbitration to you by certified mail using the current postal address you provided in your IPTV ltd account. If you did not provide your postal address to us, IPTV ltd will send any arbitration demand to the email address associated with your IPTV ltd account, which you have provided to us.
Any such arbitration shall be conducted by you and IPTV ltd in our respective individual capacities only and not as a class action or other representative action, and we each waive the right to file a class action or seek relief on a class basis, unless otherwise stated in these terms. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in these Dispute Resolution Terms shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such Claims so released from arbitration (that the parties do not settle) must be resolved by bench trial in court in accordance with Section 4.
F. Small Claims. You or IPTV ltd may pursue any Claim, except IP Claims, in a small-claims court instead of through arbitration if (i) the Claim meets the jurisdictional requirements of the small claims court and (ii) the small claims court does not permit class or similar representative actions or relief.
G. Arbitration Fees. Except for the circumstances outlined in Sections 1(H) and 1(I) and for Mass Arbitrations (as defined in Section 1(K)), to the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, IPTV ltd will pay the difference in fees.
H. Frivolous or Improper Claims. To the extent permitted by law, a claimant must pay all reasonable costs and fees incurred by the responding party—including arbitration fees, attorney fees, and expert fees—related to a Claim if an arbitrator or court determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, including to harass the responding party, cause unnecessary delay, or increase the cost of dispute resolution.
I. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable than the last written offer of settlement that a party did not accept, then that party must pay all reasonable costs and fees—including arbitration fees—incurred by the offering party after the written settlement offer was made.
J. Confidentiality. If you or IPTV ltd serve a Claimant Notice, you and IPTV ltd agree to cooperate to seek protection for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery. You and IPTV ltd agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery.
K. Mass Arbitrations. If 25 or more Claimant Notices are received by a party within 180 days of the first Claimant Notice that the party received, and all such Claimant Notices raise similar Claims and have the same or coordinated counsel, then these Claims will be considered “Mass Arbitrations.” You or IPTV ltd may advise the other if you or IPTV ltd believe that the Claims at issue are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.
Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until these Dispute Resolution Terms permit such Mass Arbitration to be filed in arbitration or court.
Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.
After that point, counsel for the parties will select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. You and IPTV ltd acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 1(K).
A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid by IPTV ltd. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Remaining Claims: If the mediation does not yield a resolution of all remaining Mass Arbitrations, the requirement to arbitrate in these Dispute Resolution Terms will no longer apply to Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Mass Arbitrations released from the requirement to arbitrate must be resolved by bench trial in court in accordance with Section 4.
If Mass Arbitrations released from the requirement to arbitrate are brought in court, they are subject to a waiver to jury trial by both parties. Claimants may seek class treatment, but to the fullest extent allowed by applicable law, the class sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
Courts will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with these processes.
L. 30-Day Right to Opt Out. You have the right to opt out of arbitration by sending written notice of your decision to opt out to the following address by mail: General Counsel, IPTV ltd Inc., 1701 Junction Court, Suite 100, San Jose, CA 95112 within 30 days of you first becoming subject to these Dispute Resolution Terms. Such notice must include the name of each person opting out and contact information for each such person, the specific product models, software, or services used that are at issue, the email address that you used to set up your IPTV ltd account (if you have one), and, if applicable, a copy of your purchase receipt. For clarity, opt-out notices submitted via any method other than mail (including email) will not be effective. If you send timely written notice containing the required information in accordance with this Section 1(L), then neither party will be required to arbitrate the Claims between them.
2. Enforcement.
If any part of these Dispute Resolution Terms is held to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of these Dispute Resolution Terms and any end user terms referencing these Dispute Resolution Terms will remain in effect unless otherwise provided in these Dispute Resolution Terms. Notwithstanding the forgoing, to the extent that Section 1(K) is held to be invalid or unenforceable, then neither You or IPTV ltd will be bound by the requirements outlined in these Dispute Resolution Terms to arbitrate the pending Claims brought in arbitration by either party, and the party who initiated the arbitration shall withdraw the requests promptly. Either party may pursue such pending Claims in court. If IPTV ltd does not enforce any provision of these Dispute Resolution Terms, that will not be considered a waiver of IPTV ltd’s rights. Any waiver of these Dispute Resolution Terms must be obtained in a written document signed by an authorized representative of IPTV ltd.
Except as otherwise provided in these Dispute Resolution Terms, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the Claims of multiple individuals in a single proceeding, except that You and IPTV ltd may participate in a class-wide, collective, and/or representative settlement of Claims.
3. Governing Law.
The governing law identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms shall apply. If there is no law identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms, all Claims shall be subject to, governed by, construed, and interpreted in accordance with the laws of the State of Delaware, U.S.A., except for its conflict of law rules.
4. Venue.
The forum(s) identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms shall apply. If there is no forum(s) identified in the applicable terms that link to or incorporate by reference these Dispute Resolution Terms, all Claims not subject to arbitration pursuant to these Dispute Resolution Terms and that cannot be heard in small claims court will be resolved exclusively and have jurisdiction in the courts located in Santa Clara County, California, U.S.A.
Effective: February 20, 2024
