One agreement governs eligibility for and use of Disney+, ESPN and Hulu
This Subscriber Agreement, updated February 5, 2026, is a single contract covering the Disney+, ESPN and Hulu services. It says it governs both who is eligible for the services and how they may be used.
Supporting quotations
Updated: February 5, 2026
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES.
Qualifications & exceptions
The update date is the date the page states; it does not say when each change took effect for existing subscribers (see the 30-day amendment rule).
Legal Rights & Agreement Rules · Context
Four Disney companies are "we"; the Services include apps, players, content and ESPN+
The contracting party is a group of four companies referred to together as "we": Disney Platform Distribution, Inc. (Disney+), BAMTech, LLC (ESPN), and Hulu, LLC with Hulu Live LLC (Hulu). Each Service is defined broadly to include its website, apps, video player, related software, content and other services in any present or future media format, and the ESPN Service expressly includes ESPN+ and other digital services within it. The agreement sometimes uses "Services" for one service and sometimes for all three together.
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Disney Platform Distribution, Inc., located at 500 South Buena Vista Street, Burbank, CA 91521 (“Disney+”), BAMTech, LLC, located at 50 Vandam Street, 9W, New York, NY 10013 (“ESPN”), Hulu, LLC, located at 2500 Broadway, 2nd Floor, Santa Monica, CA 90404, and Hulu Live LLC, located at 1290 Avenue of the Americas, New York, NY 10104 (together with Hulu, LLC, “Hulu”) are referred to collectively in this Agreement as “we”, “us” and “our”.
(including, for example, ESPN+ and other digital services within the ESPN Service)
The Disney+ Service, ESPN Service, and Hulu Service are sometimes referred to interchangeably or collectively in this Agreement as the “Services”.
Qualifications & exceptions
Because "Services" can mean one service or all three interchangeably, which entity a given promise or right applies to depends on the service you subscribe to.
Legal Rights & Agreement Rules · Procedure
You accept by clicking Agree & Continue or simply by accessing or using the Services
You agree to this Agreement, including agreements and policies it incorporates by reference, by clicking "Agree & Continue" or a similar mechanism during registration, or just by accessing or using any part of the Services. Some uses may require agreeing to additional terms. If you do not agree, you may not use the Services.
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You agree to this Agreement, including any agreements or policies incorporated herein by reference, by clicking “Agree & Continue” or any other industry standard mechanism during the Disney+, ESPN, and/or Hulu registration process, or by accessing or using any aspect of the Services.
It may be necessary to agree to additional terms and conditions in connection with your use of the Services.
If you do not agree to this Agreement, you may not use the Services.
Qualifications & exceptions
Acceptance also covers documents incorporated by reference, such as the Privacy Policy, which are not part of this saved text.
Not stated here
The additional terms that may be required are not identified here.
Legal Rights & Agreement Rules · Company practice
Changes take effect 30 days after notice or posting; your only option is to stop using
The companies may change this Agreement. A change takes effect thirty days after they send you notice or post the change on the Services. If you do not agree to a change, you must stop using the Services. Customer service representatives cannot change any term, whether verbally or in writing.
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We may amend this Agreement, effective thirty (30) days after we send you notice or post the amendment on the Services.
If you do not agree to any change to this Agreement, you must discontinue using the Services.
Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.
Qualifications & exceptions
Notice may be by posting on the Services rather than a message to you (see the notices card), so a change can take effect without an individual message.
Cancellation timing and the end of the current subscription term still follow the cancellation rules.
Legal Rights & Agreement Rules · Restriction or exception
Disputes go to individual arbitration with a class action waiver, with stated exceptions
The opening notice says any dispute between you and the companies, except small claims, is subject to a class action waiver and must be resolved by individual binding arbitration. The full arbitration section adds a second exception: disputes about ownership or enforcement of intellectual property rights are also outside arbitration. You can opt out of arbitration by mailing a notice within thirty days of first becoming subject to it.
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ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION.
(ii) any dispute relating to the ownership or enforcement of intellectual property rights.
To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement
Qualifications & exceptions
Small claims cases qualify only if individual and within the court's jurisdictional limits.
Opting out of arbitration alone leaves the class action waiver in place unless you also opt out of it.
Details on informal resolution, forum, fees and opt-out are in Section 7.
Legal Rights & Agreement Rules · Procedure
Notices come by email or by posting on the Services, and electronic delivery counts as legal notice
The companies may give you notice by email to the last address you provided or by posting it on the Services. You consent to electronic communications from each Service you subscribe to, and agree that electronic notices, agreements and disclosures satisfy legal notice requirements. You must keep your information, including contact details, accurate and current, and the companies may verify it.
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Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services.
You consent to receive electronic communications from each Service you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements.
You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree that we may take steps to verify the accuracy of information you provide.
Qualifications & exceptions
A posted notice counts even if you never see it, which matters for the 30-day amendment rule.
Legal Rights & Agreement Rules · Restriction or exception
Links leave the Services without warning, and other sites are not the companies' responsibility
A link from the Services does not mean the companies operate or control the destination. When you click a link they will not warn you that you have left the Services and are now under another site's terms and privacy policies. This Agreement does not govern other sites, and the companies are not responsible for other sites' content or practices, even if those sites link to the Services or are run by an affiliated company.
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When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination.
We are not responsible for the content or practices of any website or destination other than the Disney+, ESPN, and Hulu site, even if it links to the Disney+, ESPN and/or Hulu site and even if the website or destination is operated by a company affiliated or otherwise connected with Disney+, ESPN and/or Hulu.
Qualifications & exceptions
The disclaimer covers affiliated Disney-connected sites too.
Legal Rights & Agreement Rules · Restriction or exception
Dealings with advertisers, including interactive ads, are between you and the advertiser
The companies take no responsibility for, and do not endorse, third-party ads or third-party material where the Services are available, or advertisers' products and services. Any dealings with advertisers while using the Services, including through interactive ads, are between you and the advertiser, and you agree the companies are not liable for any loss or claim you have against an advertiser. If you give confidential or personal information or make a transaction through an ad, the companies are not responsible for that information or transaction and encourage you to read the advertiser's terms and privacy policy.
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We take no responsibility for and do not endorse any third-party advertisements or any third-party material posted where the Services are available, nor do we take any responsibility for the products or services provided by advertisers.
Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.
If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction
Qualifications & exceptions
This covers information you provide through an ad, which may be collected by the advertiser rather than the companies.
Legal Rights & Agreement Rules · Restriction or exception
The Services may be unavailable during maintenance, outages or events beyond control, with no liability
The Services or some or all content may be unavailable for streaming or downloading at any time, including during maintenance or updates, power or server outages, war, riots, strikes or social unrest, technical delivery or playback problems, or other matters beyond the companies' or third parties' control. The companies say they will make reasonable efforts to give as much advance notice as possible, but will have no liability to you when this happens.
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It is possible that the Services, and/or some or all Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; (iv) technical issues with Content delivery or playback; or (v) as a result of other matters beyond the control of us or third parties.
We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event.
Qualifications & exceptions
Advance notice is a reasonable-efforts commitment, not a guarantee.
Legal Rights & Agreement Rules · Company practice
The companies may sue over IP violations or fraud, and delay in enforcing does not waive rights
The companies reserve the right to take legal action against you for violating intellectual property rights, fraud or similar grounds for termination. If they delay exercising or enforcing any right or remedy, that delay does not waive it.
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We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.
Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.
Qualifications & exceptions
Intellectual property ownership and enforcement disputes are excluded from arbitration (Section 7).
Legal Rights & Agreement Rules · Restriction or exception
You waive court and jury trials: all Disputes, including with Disney affiliates, go to individual arbitration
You and Disney+, ESPN and/or Hulu agree to resolve all Disputes by binding individual arbitration, including related disputes involving The Walt Disney Company or its affiliates, and the section includes a class action waiver and a jury trial waiver. Two kinds of dispute are excluded: individual (non-class) claims within a small claims court's jurisdictional and dollar limits, and disputes about ownership or enforcement of intellectual property rights.
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YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
You, on the one hand, and Disney+, ESPN, and/or Hulu, on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates) except for:
(i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.
Qualifications & exceptions
You can opt out by mail within 30 days of first becoming subject to the arbitration agreement (Section 7(g)).
If the class waiver is found invalid, no one can compel arbitration and Disputes go to court.
"Dispute" is defined broadly and appears to send questions about arbitrability to the arbitrator
"Dispute" covers any claim or controversy between you and the companies concerning the Services, based on past, present or future events and on contract, tort, statute or common law. It also reaches disputes over the interpretation, applicability, enforceability or formation of these terms, including whether a dispute is arbitrable and claims that the Agreement is void or voidable. Read with the arbitration clause, this appears to give the arbitrator authority to decide those threshold questions, but the sentence is garbled in the source.
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“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Services
or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable.
Qualifications & exceptions
Future events are included, so the definition is not limited to disputes that existed when you agreed.
Not stated here
The phrase "or this exclusive authority to resolve" reads as if words are missing; the saved text does not say who holds that exclusive authority, so the delegation to the arbitrator is an interpretation, not stated text.
Legal Rights & Agreement Rules · Restriction or exception
No class, representative or consolidated proceedings; if that waiver fails, Disputes go to court
You, Disney+, ESPN and Hulu waive class action procedures. No party may bring a dispute as a class action, private attorney general action or other representative proceeding, and you and the companies expressly waive any right to file a class action or seek class relief. No arbitration or proceeding can be combined with another without the prior written consent of all parties. If this class or consolidation waiver is found invalid or unenforceable, neither side is entitled to arbitration and all Disputes will be resolved in court.
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YOU, DISNEY+, ESPN, AND HULU AGREE TO WAIVE CLASS ACTION PROCEDURES.
No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity.
No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings.
If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.
Qualifications & exceptions
Opting out of arbitration alone does not remove the class action waiver (Section 7(g)).
Legal Rights & Agreement Rules · User right or choice
Either side may take a Dispute to small claims court instead, even after an arbitration demand
Subject to jurisdictional requirements, you or the companies may pursue a Dispute in local small claims court instead of informal dispute resolution or arbitration, as long as it stays in small claims court and proceeds individually. If one party has already filed an arbitration demand, the other may, at its sole discretion, tell the arbitral forum it wants small claims court; the forum then closes the arbitration and the Dispute goes to small claims court with no fees due from the arbitration respondent.
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Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis.
If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
Qualifications & exceptions
The small claims route skips the informal notice and conference steps.
Before arbitrating you must mail a detailed Dispute notice, including how you calculated damages
Except for small claims Disputes, the party making a claim must first send the other a written notice of Dispute giving the sender's name, address and contact information, detailed facts sufficient to evaluate the individual claim, and the specific relief sought, including any amount demanded and how it was calculated. Your notice goes to the Legal departments at the listed addresses for Disney+ in Burbank, ESPN+ in New York, Hulu, LLC in Santa Monica, and Hulu Live LLC in New York.
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Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages.
You must send any notice of a Dispute to:
Disney+ Attention: Legal 500 South Buena Vista Street, Burbank, California 91521-7620, USA
ESPN+ Attention: Legal 50 Vandam Street, 9W New York, NY 10013, USA
Hulu, LLC Attention: Legal 2500 Broadway, 2nd Floor Santa Monica, CA 90404, USA
and
Hulu Live LLC Attention: Legal 1290 Avenue of the Americas New York, NY 10104
Qualifications & exceptions
The notice is a precondition: arbitration cannot start until the informal negotiation period and Conference are complete.
Not stated here
The text does not say which addresses to use for a Dispute involving only one service; the addresses are listed together.
Legal Rights & Agreement Rules · Procedure
A 60-day negotiation and a personal meet-and-confer must happen before anyone can file arbitration
The companies send Dispute notices to the contact information on your account. Both sides then try to resolve the Dispute through informal negotiation for sixty days from when the notice is sent. This includes an individual meet-and-confer (the "Conference") in person or by phone or video, addressing only your Dispute; if you have a lawyer, they may join but you must also take part personally, while the companies may send representatives including counsel. Only after the sixty days and after the Conference may either side start arbitration on that claim, and a court may issue an injunction enforcing these steps, including stopping an arbitration filed too early.
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We will send any notice of a Dispute to you at the contact information we have available for you in connection with your account.
You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent.
If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate.
After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim.
Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Qualifications & exceptions
Your personal participation is required even if you are represented.
Informal communications remain allowed before, during or after the Conference.
Legal Rights & Agreement Rules · Restriction or exception
Content is for information and entertainment only, not legal, financial or medical advice
You agree that content received through the Services is intended only for informational and entertainment purposes. It is not legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for those purposes.
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You understand and agree that the Content you receive through the Services is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
Legal Rights & Agreement Rules · Context
Apple, Google or Microsoft become third-party beneficiaries when you use their devices, and their terms also apply
The Services may integrate with or be provided through third-party services, content and devices that the companies do not control, and you should read those parties' terms, privacy policies and safety information. If you access the Services through a third-party service or device, for example an Apple iOS, Android or Microsoft Windows device, then Apple, Google, Microsoft or the other provider is a third-party beneficiary of this contract, though not a party to it, and your access through that device is also subject to that provider's terms of service.
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The Services may integrate, be integrated into, or be provided in connection with third-party services, content, and devices. We do not control those third-party services, content, and devices.
shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not parties to this contract. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Qualifications & exceptions
Third-party beneficiaries can rely on the contract without being parties to it.
Not stated here
The device makers' terms of service are not supplied.
Legal Rights & Agreement Rules · Restriction or exception
You must follow export control laws for software and technical data
Software and any technical data transmitted in connection with the Services are subject to export controls, and you agree to comply with all applicable laws on software and technical data exported from the United States or your country of residence.
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Software and the transmission of applicable technical data, if any, in connection with the Services, are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Not stated here
The specific export control laws are not named.
Legal Rights & Agreement Rules · Procedure
For matters without a specific procedure, contact each Service's help center
Where the Agreement does not set out a specific contact procedure, you may contact the companies through the help center of the relevant Service.
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For any matters where specific contact procedures are not provided for elsewhere in this Agreement, you may contact us by visiting your applicable Service’s Help Center.
Qualifications & exceptions
Dispute notices and arbitration opt-outs have their own mailing requirements in Section 7 and are not handled through the help center.
Legal Rights & Agreement Rules · Restriction or exception
The Services and content are provided as is, with all warranties disclaimed to the extent law allows
You agree, as an essential condition, that the content and Services are provided "as is" without warranties of any kind. To the fullest extent the law allows, Disney+, ESPN, Hulu and their affiliates, licensors, agents and service providers disclaim all express, implied and statutory warranties, including merchantability, fitness for a particular purpose, accuracy, availability, security, compatibility and noninfringement. They do not warrant that the content or Services will be free of errors, viruses or harmful components or meet your requirements, and you bear the cost of any servicing, repair or correction needed from using them. Some jurisdictions do not allow excluding implied warranties, so this may not apply to you.
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YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AS WELL AS THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.
EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT
YOU AND NOT THE DISNEY+, ESPN, AND HULU PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Qualifications & exceptions
Applies only to the fullest extent permitted by law; some jurisdictions bar excluding implied warranties.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at $1,000 and excludes personal injury and indirect damages where law allows
To the extent applicable law does not prohibit it, the Disney+, ESPN and Hulu parties are not liable for personal injury or for indirect, special, incidental or consequential damages, including lost profits and property damage, resulting from using or being unable to use the content or Services, even if warned of the possibility, nor for delays or failures caused by events beyond their reasonable control. Their total liability to you for all damages, losses and causes of action is capped at US $1,000, under any legal theory. Some states do not allow these limits, so they may not apply to you.
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TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY+, ESPN, AND HULU PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Qualifications & exceptions
Applies only where applicable law does not prohibit it.
The $1,000 cap covers all claims combined, not each claim.
Legal Rights & Agreement Rules · Restriction or exception
Court cases not subject to arbitration must be filed in Manhattan, New York
Any lawsuit arising out of or relating to this Agreement that is not subject to arbitration must be filed only in the state or federal courts in Manhattan, New York, and you consent to those courts' personal jurisdiction.
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You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America
Qualifications & exceptions
Court actions to compel arbitration or confirm an award follow the separate Los Angeles-or-Manhattan rule in Section 7(c).
Small claims cases go to a local small claims court under Section 7(a).
Legal Rights & Agreement Rules · Context
New York law and U.S. law govern the Agreement
This Agreement is governed by the laws of the State of New York and of the United States, without applying conflict of law principles.
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This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
Qualifications & exceptions
The arbitration agreement itself is governed by the Federal Arbitration Act rather than state law (Section 7(c)).
Legal Rights & Agreement Rules · Context
Invalid terms are cut out without affecting the rest, and terms meant to survive termination do
If any provision is unlawful, void or unenforceable, it is severed and the rest of the Agreement remains valid and enforceable. Provisions that by their nature should survive termination of the Agreement survive it.
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If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
Qualifications & exceptions
Severability has a specific exception for the class action waiver: if it is invalid, arbitration falls away entirely (Section 7).
Not stated here
Which provisions survive "by their nature" is not listed, apart from the arbitration agreement's express survival.
Legal Rights & Agreement Rules · Context
This Agreement plus incorporated policies is the whole deal, replacing earlier understandings
This Agreement, the provisions it references and any agreements or policies incorporated by reference form the entire agreement between you and the companies on its subject and supersede all prior arrangements, understandings and discussions, oral or written. Waiving one provision does not waive any other, and a waiver is not continuing unless expressly stated.
Supporting quotations
This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.
No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Qualifications & exceptions
Incorporated documents such as the Privacy Policy are part of the entire agreement but are not supplied here.
Legal Rights & Agreement Rules · Procedure
Arbitration is under the Federal Arbitration Act before ADR Services (or NAM) with a single arbitrator
If a Dispute is not resolved informally or in small claims court, it goes to binding arbitration. The Federal Arbitration Act, cited as 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs how this arbitration agreement is interpreted and enforced. Arbitration demands must be filed with ADR Services, Inc.; if ADR Services is unavailable, National Arbitration and Mediation (NAM) conducts it. The forum's rules govern except where they conflict with this Agreement, and a single neutral arbitrator decides.
Supporting quotations
If you and we do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement.
Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”)
The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator.
Qualifications & exceptions
Where the forum's rules conflict with this Agreement, the Agreement controls.
The Federal Arbitration Act is cited by name and section only; its text is not supplied here.
Not stated here
The ADR Services and NAM rules are not supplied.
Cross-references
qualifies (model-proposed): New York law and U.S. law govern the Agreement — qualifies: New York law governs the Agreement generally, but the Federal Arbitration Act, not state law, governs the arbitration agreement.
Legal Rights & Agreement Rules · Procedure
In-person hearings are in Los Angeles or Manhattan, or your hometown on undue burden; relief is individual only
Arbitration may take place in person, through documents, by phone or online. Proceedings that cannot be handled remotely take place in Los Angeles or Manhattan, whichever is more convenient for you; if you show that either would be an undue burden, the arbitrator may hold an in-person hearing in your hometown area. Courts in Los Angeles or Manhattan, whichever is more convenient for you, have exclusive jurisdiction to compel arbitration, stay proceedings, or confirm, modify, vacate or enter judgment on an award. The arbitrator may award damages and declaratory or injunctive relief as a court could, but only to the extent needed to satisfy the individual party's claim.
Supporting quotations
Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area.
You, Disney+, ESPN, and Hulu agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.
Qualifications & exceptions
A hometown hearing is at the arbitrator's discretion ("may") and requires you to demonstrate undue burden.
Relief, including injunctions, is limited to the individual claim, not the public or other subscribers.
Cross-references
qualifies (model-proposed): Court cases not subject to arbitration must be filed in Manhattan, New York — qualifies: Court actions to compel arbitration or confirm or vacate an award may be brought in Los Angeles or Manhattan, whichever is more convenient for you, while other non-arbitrable actions go only to Manhattan.
Legal Rights & Agreement Rules · Restriction or exception
The arbitration agreement survives after you leave the Services
The arbitration agreement continues to apply after your relationship with Disney+, ESPN and/or Hulu ends, including if you revoke consent or take any other action to end your participation in the Services or any communication with the companies.
Supporting quotations
This arbitration agreement will survive the termination of your relationship with Disney+ and/or ESPN and/or Hulu, including any revocation of consent or other action by you to end your participation in the Services or any communication with us.
Legal Rights & Agreement Rules · User right or choice
You can opt out of arbitration by mail within 30 days; email opt-outs do not count
You may opt out of the arbitration agreement by mail, in which case neither side can force the other to arbitrate. You must send written notice no later than thirty calendar days after first becoming subject to the arbitration agreement; otherwise you are bound to arbitrate Disputes individually. Opting out of the arbitration provisions alone leaves the class action waiver in force, and you cannot opt out of the class action waiver without also opting out of arbitration. The notice must include your name and address, the email address used for your account, and a clear statement that you want to opt out of arbitration (and, if applicable, the class action waiver), mailed to Disney Opt-Out, P.O. Box 11565, Burbank, California, 91510. Opt-out notices sent by email are not effective.
Supporting quotations
You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate.
To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement
otherwise you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions.
Your opt-out notice must include your name and address, the email address you used to set up your account, and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver).
You must mail your opt-out notice to Disney Opt-Out, P.O. Box 11565, Burbank, California, 91510. For clarity, opt-out notices submitted via email will not be effective.
Qualifications & exceptions
The 30-day window runs from when you first became subject to this arbitration agreement.
To also escape the class action waiver, the notice must say so expressly.
Not stated here
Whether a later amendment starts a new opt-out window is not stated.