Welcome to SumsItUp (“App”, “Platform”). Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations.
ACCEPTANCE OF TERMS
By accessing or using the App or Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the App or Platform.
SCOPE OF SERVICES AND DISCLAIMER
Our App and Platform provide a service leveraging the OpenAI API capabilities to summarize web content and user-provided text. This service generates concise summaries of online articles, blog posts, other forms of web-based textual content based on the URL provided by the user, as well as text directly inputted by the user. We offer various customization options for these summaries, including different length options and potential language preferences.
Please note, we are currently operating in a beta phase. As such, while we strive for accuracy and reliability, the technology used, including the OpenAI API, may have limitations and not fully understand or correctly interpret the content it processes. Consequently, errors may occur due to:
Misinterpretation or misunderstanding of the URL or Text content.
Summarizing irrelevant or incorrect parts of a webpage.
Inability to access or summarize content from paywalled or private sites.
Encountering obfuscated or manipulated URLs that prevent straightforward access or summarization.
Our App, Platform, and the AI technology we use are not qualified experts. They serve as conduits between the user and the AI platforms. We are not responsible for the summaries or any other content, nor how users choose to use it.
As a user, you bear sole responsibility for reviewing and confirming any information received through our App or Platform. It’s recommended not to solely rely on the summaries provided by our service for critical information or decisions without verifying the original source.
DISCLAIMER OF EXPERTISE
The summaries generated by SumsItUp are produced by artificial intelligence and not by certified experts. The content provided should not be relied upon in situations where professional advice is required, such as legal, medical, or financial advising. Users are urged to consult with a qualified professional for personalized advice tailored to their individual circumstances.
AGE RESTRICTIONS
Our app is intended for use by individuals aged 13 and older. Users under the age of 13 are not permitted to use the app without parental consent in accordance with the Children’s Online Privacy Protection Act (COPPA). By using our app, you represent and warrant that you are 13 years of age or older or have received appropriate parental consent.
PLATFORM USE AND CONDUCT LIMITATIONS
When accessing or using our App and Platform, you are responsible for adhering to all applicable laws and regulations. Your use of the App and Platform is conditional upon your compliance with the guidelines and rules set forth below:
Lawful Use: You agree to use the App and Platform exclusively for lawful purposes. Any use that contravenes applicable laws and regulations is strictly prohibited.
Adherence to OpenAI Terms: Your usage must be consistent with the OpenAI terms of use, available at: https://openai.com/policies/api-data-usage-policies
Ownership of Content: You affirm that any text or content you provide for summarization through our service is either your own or you have secured all necessary rights and permissions for its use.
Prohibited Conduct: You must not engage in any activity that is illegal, harmful, or offensive while using the App or Platform. Prohibited actions include, but are not limited to:
- Engaging in illegal activities or transactions.
- Transmitting content that is fraudulent, defamatory, abusive, or that violates any third-party rights.
- Distributing viruses or any other malicious code that may harm the service or affect any user.
- Attempting to interfere with or disrupt the App or Platform’s service, servers, or networks.
- Circumventing or breaching any security or authentication measures.
Enforcement: We reserve the right to take any necessary action in response to breaches of these Terms, which may include suspending or terminating your access to the App, at our sole discretion. Such measures may be taken against your account, IP address, or device ID to protect our service and its users.
Reporting Abuse: If you encounter any use of our App or Platform that violates these Terms, please contact us at [email protected] .
By using our App and Platform, you acknowledge and agree to these usage and conduct limitations. Violations of these terms may result in the immediate revocation of your access and may expose you to legal liability.
INTELLECTUAL PROPERTY RIGHTS
The App, inclusive of its overall design, code, text, software, graphics, themes, characters, names, logos, and other files, and the arrangement and organization thereof, are the exclusive property of SumsItUp.
User-Provided Content: Users retain all rights and ownership to the text or URLs they provide for summarization. By using the App, users grant SumsItUp a license to access, copy, log, and process the provided text or URLs solely for the purpose of performing the summarization service. Any restrictions or barriers to access put in place by the owners or operators of the websites associated with the provided URLs will be respected. SumsItUp does not claim any ownership rights to the user-provided content and will not use the user-provided content for any purpose other than providing the summarization service.
Generated Summaries: The summaries generated by our service through the use of the OpenAI API are for the users’ personal use. Users are free to share the generated summaries, provided such sharing is done in compliance with all applicable laws, regulations, and the terms of service of the OpenAI API.
It is the responsibility of the user to ensure that sharing or distributing the generated summaries does not infringe upon the rights of any third parties, including intellectual property rights, privacy rights, or any other legal or moral rights. Users should also adhere to any additional guidelines or restrictions provided by OpenAI’s API policy when sharing or distributing the generated summaries.
SumsItUp does not claim any intellectual property rights over the generated summaries, but we reserve the right to use the generated summaries to improve our services, in compliance with our Privacy Policy and applicable laws.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable laws. If you believe that your intellectual property rights have been violated, please contact us at [insert contact information].
ADVERTISEMENTS
Our app utilizes Google AdMob to serve advertisements, which helps to support the functionality and continued development of the app. By using the App, you acknowledge and agree that the App or Platform may display advertisements from Google AdMob or other third-party advertising networks. These advertisements are delivered by our advertising partners who may use information about your use of the App to provide advertisements about goods and services of interest to you. The delivery of these advertisements is governed by the privacy policies of the advertising networks. We encourage you to review the privacy settings of any advertising networks whose advertisements are displayed within the App to understand what information may be collected and how it may be used.
We strive to provide a seamless and unintrusive ad experience. However, we cannot control or be held responsible for the content of the advertisements or the practices employed by third-party advertisers. Your interactions with advertisers, including your participation in promotions, purchases of goods or services, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the advertiser.
Please refer to our Privacy Policy for more information on data handling and user options regarding advertisements.
DATA HANDLING
We prioritize the privacy and security of user data. Our Platform logs and caches the URLs, text data, and options provided by the user to improve user experience, for troubleshooting, and analytics purposes. The data collected is solely used to facilitate the functioning of the App and to enhance the services offered.
Data Retention: The URLs, text data, and options provided by the user are retained only for a limited period necessary for the purposes stated and in accordance with our Privacy Policy.
User Control: Users have control over their data and can request deletion or access to their data in accordance with our Privacy Policy
Consent: By using the App, users consent to the collection and use of information in accordance with these terms and our Privacy Policy.
Please refer to our Privacy Policy for detailed information about our data handling practices, including how we comply with applicable laws and platform guidelines regarding data collection, storage, and user privacy.
SERVICE CHANGES AND DISCONTINUATION
We continually strive to improve our App or Platform and may add new features or enhancements from time to time. As we add additional functionality, often via 3rd party APIs, there will be additional corresponding terms, conditions, disclaimers, and privacy implications.
We reserve the right to modify, suspend, or discontinue the App or Platform, in whole or in part, at any time for any reason without notice to you. We may have to shut down access at any time due to costs or due to an API partner or vendor changing their pricing, terms, service, etc.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SumsItUp, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the App or Platform from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by your use of the App or Platform or from the text or URLs you provide for summarization.
You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall SumsItUp, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the App or the Platform.
Under no circumstances will SumsItUp be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the App, the Platform or your account or the information contained therein. To the maximum extent permitted by applicable law, SumsItUp assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our App or Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the App or Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App or Platform by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App or Platform.
In no event shall SumsItUp, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to SumsItUp hereunder, or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SumsItUp has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
AVAILABILITY
The App and the Platform are currently available only on Apple iOS and Google Chrome. We strive to provide the best service possible, but you acknowledge and agree that the availability of the App, the Platform, and its services may be interrupted or may not be available at all times.
Your ability to access and use the App or the Platform may be interrupted due to circumstances both within and outside of our control. Interruptions may occur for reasons including, but not limited to:
- Equipment malfunction or failure
- Periodic updating or upgrading of the App or the Platform
- Maintenance or repair of the App or the Platform
- Downtime related to our hosting services
- Internet or network unavailability
- Unavailability of third-party services and APIs we depend upon, including OpenAI, Google AdMob, and CloudFlare
- Changes or updates in the policies, terms of use, or operational practices of third-party services and APIs we depend upon
- Acts of God or natural disasters
- Regulations, restrictions, or bans by governmental authorities
- Any other reason beyond our reasonable control
We reserve the right to discontinue the App or the Platform or modify its features at any time, which may cause loss of access or functionality. We shall not be liable for any interruption, modification, suspension, or discontinuance of the App, the Platform, or any of its features. Furthermore, we are under no obligation to provide updates or upgrades or to maintain compatibility with any hardware or software.
It is important to note that we also reserve the right to modify or cease providing all or any part of the App or Platform at our sole discretion. Any changes to the App, the Platform, or its availability will be subject to the terms and conditions of this agreement, including our limitation of liability.
Third-Party Service Providers
Our app utilizes various third-party service providers to deliver its services. Below is a list of these providers, a description of the services they provide, and links to their own terms of service and privacy policies:
AI Summarization Service:
Provider: OpenAI
Service: Provides AI-powered summarization of text and web content based on user input.
Analytics:
Provider: Google Firebase + Analytics
Service: Collects and analyzes data on app usage to help us improve the app.
Google Firebase Terms of Service
Edge Server Platform:
Provider: Cloudflare
Service: Provides content delivery network services, DDoS mitigation, Internet security, and distributed domain name server services.
Text-to-Speech (TTS) Service:
Provider: Listnr.tech
Service: Converts text into audio for playback within the app.
We encourage you to review the terms of service and privacy policies of these third-party service providers to understand how they collect, use, and share your information. Our app’s use of these services is necessary for various functionalities, and by using our app, you agree to the use of these services as described.
CHANGES TO TERMS
SumsItUp reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Service at any time, without prior notice to you. It is your responsibility to review these Terms of Service periodically for updates or changes. Your continued use of the App and the Platform following the posting of changes will mean that you accept and agree to the changes.
Updates may be necessary to reflect changes to our services, our users’ needs, and our business priorities, regulatory requirements, or advances in technology. These changes may include, but are not limited to, changes in the services provided, how user data is used, or the addition of new services.
When we make changes, we will make a new copy of the Terms available within the App and on our website. We will also update the “last updated” date at the end of the Terms of Service. If we make any material changes, and you have registered with us to create an account, we will also notify you by sending you an email to the last email address you provided to us (if any).
Any changes will be effective immediately upon posting of the revised Terms, but where we have made any material changes, these changes will not be effective until seven (7) days after we have posted the revised Terms. Your continued use of the App and the Platform following such notice will indicate your acceptance of those changes. If you do not agree to the changes, you must stop using the App and the Platform and delete your account (if any) and the App from your device.
For this reason, we encourage you to consult the Terms of Service every time you use the App or the Platform. Your continued use of the App and the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the App or the Platform.
Please note that the use of our services is also subject to our Privacy Policy. You should also review our Privacy Policy for information about our practices regarding data collection, use, and sharing.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws of the state of New Jersey, USA, without regard to its conflict of laws principles. The venue for any disputes arising out of or relating to these Terms or your use of the App shall be the appropriate federal or state court located within the state of New Jersey.
DISPUTE RESOLUTION
IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS, AND THE CLAIM IS NOT RESOLVED BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT [email protected] AND BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You and we agree that any arbitrations between you and us will be subject to this Section ‘Dispute Resolution’ and not to any prior arbitration agreement you had with us. This Section shall survive termination of these Terms or any subscription or registration that you may have to any of the Services.
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute (“Notice”). A Notice from you to us must: (1) be sent by certified mail; (2) be addressed to: SumsItUp LLC, 298 N Farview Ave, Paramus, NJ 07652 Attn: General Counsel (the “Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the Services, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your agent, attorney or anyone else purporting to act on your behalf) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
After the other party’s receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
Arbitration Procedure. Any such arbitration shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Section (the “Arbitration Agreement,”) and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.com, by calling NAM at 1-800-358-2550, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that it has complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in the Section titled Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure above and that it is a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law.
In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in New York, New York. If the Mass Filing process described in Section 2.6 below is triggered, then the location of any hearing will be determined by the arbitrator.
Discovery During Arbitration. The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (a) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (b) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (c) the parties need not produce metadata, with the exception of header fields for email correspondence; (d) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (e) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Offer of Settlement. In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
Mass Filing. If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 2.1 above, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for us shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be 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 part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and we shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be 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 part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, and we shall pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be 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 part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to Pluto Inc. c/o Viacom International Inc., 1515 Broadway, New York, New York 10036, Attn: General Counsel. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be 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 part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
Severability. If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
CONTACT US
If you have any questions about these Terms, please contact us at [email protected] .
These Terms of Service were last updated on November 9, 2023.