23 of 131 cards in Charges & Financial Obligations
Charges & Financial Obligations · Permission or license
Direct subscriptions renew automatically at the then-current rate, and you authorise recurring charges until you cancel
A Subscription bought directly from the company renews automatically when the original term ends, at the then-current rate, unless you cancel before the renewal. By giving a Payment Method you authorise the company or its Payment Service to charge the applicable rate plus applicable taxes and service fees (together, the "Subscription Fee") on a recurring basis until you cancel. Renewal charges go to the Payment Method on your account. Section 2.4 adds the cancellation deadline: you must cancel at least 24 hours before your renewal date to avoid the next charge.
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After your original Subscription ends, it will automatically renew at the then-current applicable rate unless you cancel before the renewal.
By providing a Payment Method to us, you agree that we and/or our Payment Service are authorized to periodically charge the applicable rate together with any applicable taxes and service fees (collectively, the “Subscription Fee”) on a recurring basis until you duly cancel your Subscription.
unless you cancel at least twenty-four (24) hours before your renewal date
Qualifications & exceptions
Applies to Subscriptions bought directly from the company; Third Party Provider subscriptions are billed under that provider's terms.
Free trials and promotional offers convert to paid subscriptions under the separate rules in Section 2.3.
Charges & Financial Obligations · Company practice
The company may verify your payment method with a hold, keep billing an expired one, and suspend you for non-payment
The company or its Payment Service will try to verify the Payment Method you give, and may do so with an authorization hold, which the text calls a standard practice. If your Payment Method expires and you neither update it nor cancel before the Subscription renews, you authorise continued billing and you remain responsible for any uncollected amounts. If no valid Payment Method is active when a payment is due, the company may restrict, suspend or cancel your Subscription for lack of payment.
Supporting quotations
We and/or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is a standard practice.
If your Payment Method expires, and you do not either update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts.
If a valid Payment Method is not activated on your HBO Max Account when a payment becomes due, we may restrict, suspend or cancel your Subscription due to lack of payment.
Qualifications & exceptions
Payment questions for direct subscriptions go to HBO Max Customer Support (Section 3.7).
Charges & Financial Obligations · Procedure
If you subscribe through a Third Party Provider, that provider handles your payment and billing questions
When you buy through a Third Party Provider, the provider processes your Payment Method and tells you how to sign in or create your HBO Max Account. Questions about payments made through the provider should go to that provider directly, not to the company.
Supporting quotations
If you purchase a Subscription through a Third Party Provider, your Third Party Provider will process your Payment Method
If you have questions about payments through a Third Party Provider, contact that Third Party Provider directly.
Charges & Financial Obligations · Company practice
Plans, prices and offers vary by provider and can change without notice; plan switches carry extra terms
You may be offered several plan options, including base plans and add-ons, and your Subscription is your base plan plus any add-ons. Availability, pricing and offers can vary by Subscription Provider and may change over time without notice, except where applicable law requires notice. Each option can differ in Content, features, usage rules, device compatibility or other limits, which are disclosed at sign-up or in other materials on the Platform. Subject to availability, you may be able to switch plans, and your Subscription Provider will give you any additional terms, such as charges and billing-date changes.
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You may be offered multiple plan options, including base plans and add-ons to access the Platform. Your Subscription consists of your base plan and any add-ons.
The availability, pricing and offers for Subscriptions to the Platform may vary by Subscription Provider and may change over time without notice (except as may be required by applicable law)
Subject to availability with your Subscription Provider, you may be able to change your Subscription from one plan to another. Additional terms applicable to the switching of a Subscription (such as the applicable charges and changes to billing dates) will be provided by your Subscription Provider.
Qualifications & exceptions
Notice is excepted from "without notice" only where applicable law requires it.
Charges & Financial Obligations · Company practice
One-Time Purchases are charged immediately and non-refundable, except for events the company reschedules or cancels
From time to time, within your Home Country, the company may offer One-Time Purchases such as pay-per-view events or other Content outside your Subscription. You are charged at the time of purchase, using your Subscription Payment Method or another one you add. One-Time Purchases are stated to be non-refundable, but Section 3.2 adds exceptions: if you are billed through the company and the event is rescheduled you may request a refund, and if it is cancelled the company will refund the amount paid. If you are billed through a Third Party Provider you must contact that provider for billing and refund information.
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From time to time, within your Home Country, we may offer you the ability to make one-time purchases, including pay-per-view events, or certain other Content that is not otherwise included within your Subscription (each, a “One-Time Purchase”).
You will be charged at the time of purchase using the Payment Method for your Subscription or you may add another Payment Method to pay for a One-Time Purchase. One-Time Purchases are non-refundable.
If you are billed through us and the Content associated with a One-Time Purchase is: (a) rescheduled, you may request a refund for the amount paid or (b) canceled, we will refund the amount paid. If you are billed through a Third Party Provider, contact your Third Party Provider for billing and refund information.
Qualifications & exceptions
Offered only within your Home Country.
A rescheduled event gives a right to request a refund, not an automatic refund; a cancelled event is refunded.
Charges & Financial Obligations · Company practice
Free trials are for new subscribers, need a valid payment method up front, and are not charged during the trial
Subscription Providers may offer free trial Subscriptions for a limited time, with the length stated at sign-up. Trials are limited to new Platform subscribers unless otherwise specified, and the Subscription Provider decides in its discretion whether you count as new. These Terms apply to a trial unless otherwise specified. At sign-up you must provide a valid Payment Method, but it is not charged during the Free Trial Period.
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From time to time, Subscription Providers may offer you certain Subscriptions on the Platform on a free trial basis for a limited time (each, a “Trial Subscription”). The duration of each Trial Subscription will be specified at sign-up (each, a “Free Trial Period”).
Trial Subscriptions are limited to new Platform subscribers, unless otherwise specified. Your status as a new subscriber to the Platform will be determined by your Subscription Provider in its discretion.
you must provide a valid Payment Method to use the Platform during the Free Trial Period. Your Payment Method will not be charged during the Free Trial Period.
Qualifications & exceptions
The specific terms of each trial are disclosed at sign-up or in materials describing the trial, and may differ from these general terms.
Charges & Financial Obligations · Company practice
A free trial turns into a paid, auto-renewing Subscription unless you cancel in time, and you may get no reminder
Unless you cancel before the end of your Free Trial Period, the trial converts to a paid Subscription, the Subscription Fee is charged to your Payment Method, and the Subscription renews on a recurring basis at the then-current rate until you cancel. The first all-caps notice says you will not be notified that the trial is about to end unless notice is required by applicable law; the later restatement says you "may not" be notified unless required by law. Either way, the Terms do not promise you a reminder.
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UNLESS YOU TIMELY CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE END OF YOUR FREE TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION AT THE END OF YOUR FREE TRIAL PERIOD, THE APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A RECURRING BASIS AT THE THEN-CURRENT RATE UNLESS AND UNTIL YOU DULY CANCEL. YOU WILL NOT BE NOTIFIED THAT YOUR FREE TRIAL PERIOD IS ABOUT TO END UNLESS SUCH NOTICE IS REQUIRED BY APPLICABLE LAW.
After your Trial Subscription ends, your Trial Subscription will convert to a paid Subscription, and the applicable Subscription Fee will be charged to your Payment Method unless you cancel before the trial period ends. You may not be notified that your Trial Subscription is about to end unless such notice is required by applicable law.
Qualifications & exceptions
The cancellation deadline for renewals is at least 24 hours before the renewal date under Section 2.4; how that applies to the end of a trial is not spelled out here.
Notice of the trial ending is given only where applicable law requires it.
Not stated here
The text does not say whether the 24-hour cancellation cut-off in Section 2.4 applies to the last day of a Free Trial Period.
Charges & Financial Obligations · Company practice
Promotional offers cannot be combined, new-customer deals are one-time, and eligibility is the provider's call
Subscription Providers may offer discounted or promotional Subscriptions, standalone or bundled with other products or services, for a period stated at sign-up. Promotional Offers cannot be combined. New customers may use any "new customer" promotion only once, other requirements are stated when the offer is made, and each Subscription Provider decides eligibility in its sole discretion.
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From time to time, Subscription Providers may offer you certain Subscriptions at a discounted rate or in conjunction with a promotion (each, a “Promotional Offer”). The duration of Promotional Offer will be specified at sign-up (each, a “Promotional Period”). Promotional Offers may take various forms and may be available on a standalone basis or as part of a bundle with other products or services. Promotional Offers cannot be combined.
New customers may take advantage of any “new customer” promotion only once. Other requirements for a Promotional Offer will be stated at the time of the Promotional Offer. Each Subscription Provider will determine Promotional Offer eligibility in its sole discretion
Qualifications & exceptions
Specific offer terms are disclosed at sign-up or in other materials describing the offer.
Charges & Financial Obligations · Restriction or exception
A later promotion brings no retroactive refund or price protection, and providers can end or revoke offers
If a new or later Promotional Offer appears after you sign up, no retroactive refunds, adjustments or price protection are applied to your Subscription Fee. A Subscription Provider also reserves the right to limit the availability of, end or revoke a Promotional Offer, stated as being in accordance with the published Promotional Offer terms.
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In the event of a new or subsequent Promotional Offer after you sign up for the Platform, no retroactive refunds, adjustments or price protection will be applied to your Subscription Fee.
reserves the right to limit the availability of, end or revoke a Promotional Offer in accordance with the published Promotional Offer terms.
Qualifications & exceptions
The power to end or revoke an offer is tied to the published Promotional Offer terms, which are not part of this document.
Not stated here
The published Promotional Offer terms are not supplied, so the conditions for ending or revoking an offer are unknown.
Charges & Financial Obligations · Company practice
A promotional price rolls into the full price and renews automatically unless you cancel in time
Unless you cancel before the end of the Promotional Period, your Subscription converts to a full-price Subscription, the applicable Subscription Fee is charged to your Payment Method, and it renews on a recurring basis at the then-current rate until you cancel. As with trials, the all-caps notice says you will not be notified that the Promotional Period is about to end unless required by applicable law, while the later restatement says you "may not" be notified.
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UNLESS YOU TIMELY CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR PROMOTIONAL PERIOD, YOUR SUBSCRIPTION WILL CONVERT TO A FULL-PRICE SUBSCRIPTION AT THE END OF YOUR PROMOTIONAL PERIOD, THE APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A RECURRING BASIS AT THE THEN-CURRENT RATE UNLESS AND UNTIL YOU DULY CANCEL. YOU WILL NOT BE NOTIFIED THAT YOUR PROMOTIONAL PERIOD IS ABOUT TO END UNLESS SUCH NOTICE IS REQUIRED BY APPLICABLE LAW.
After your Promotional Offer period ends, your Promotional Offer will convert to a full-price Subscription, and the applicable Subscription Fee will be charged to your Payment Method unless you cancel before the Promotional Period ends. You may not be notified that your Promotional Period is about to end unless such notice is required by applicable law.
Qualifications & exceptions
Notice of the promotion ending is given only where applicable law requires it.
Charges & Financial Obligations · Company practice
You pay a recurring Subscription Fee, first charged on purchase, unless you cancel at least 24 hours before renewal
By creating an account with a Subscription Provider and giving a Payment Method, you agree to pay the Subscription Fee. Subject to the free trial and promotion rules in Section 2.3, the first fee is charged on the date the Subscription Provider confirms your purchase, and after that it is charged by or for the provider on a recurring basis according to your billing cycle. To avoid the next charge you must cancel at least 24 hours before your renewal date.
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By creating an HBO Max Account with a Subscription Provider and providing the Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a Subscription Fee.
the Subscription Provider will charge the first Subscription Fee to your Payment Method on the date the Subscription Provider confirms your Subscription purchase
unless you cancel at least twenty-four (24) hours before your renewal date
2.3. FREE TRIALS AND PROMOTIONAL OFFERS:
Qualifications & exceptions
Trials and promotional offers change when the first charge happens; see the trial and promotion cards (Section 2.3).
Charges & Financial Obligations · Company practice
Billing intervals vary by plan; plan changes may be prorated, bills may be combined, and billing dates can shift
The Subscription Fee is billed when you establish your Subscription and then at the intervals set when you buy, and the length of the billing cycle depends on the plan you choose. If you switch plans or add offerings such as add-ons, the company may prorate your charges for that billing period, and where a base plan and an add-on are both included it may consolidate them into one bill. The timing of billing can change if there is a problem with your Payment Method (for example an expired card), if you change plans, or if you start on a day that does not exist in a later month.
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The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis at the intervals specified when you complete your Subscription purchase
If you switch plans or obtain certain other offerings, such as add-ons, we may prorate your charges accordingly during the applicable billing period.
Note that the timing of your billing may change in the event of a problem with your Payment Method (e.g., an expired credit card), in the event you change your Subscription plan or where you start your Subscription on a day not contained in a subsequent month.
Qualifications & exceptions
Proration is allowed for plan switches and add-ons ("may prorate"), but Section 2.4 says canceled Subscriptions are not given prorated billing.
Charges & Financial Obligations · Permission or license
Subscription Providers can change the fee; the text promises communication only as the law requires
A Subscription Provider may change the Subscription Fee and will communicate price changes to you in accordance with applicable law. Elsewhere the Terms reserve the right to modify the Subscription Fee at any time, say changes take effect when posted, and treat continuing to use the Platform or not cancelling before renewal as agreement to the change. The Terms do not state a minimum advance notice period or a required method of notice for price changes.
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Your Subscription Provider may change the amount of the Subscription Fee and will communicate price changes to you in accordance with applicable law.
We reserve the right to modify this Agreement, the Subscription Fee
your decision not to cancel your Subscription before it renews or within any relevant notice period means you agree to be bound to the changes
Qualifications & exceptions
Notice of price changes is tied to "applicable law"; the plan-options paragraph says offers and pricing may change without notice except where law requires it.
Not stated here
No minimum advance-notice period, notice channel or cap on price increases is stated in this document.
Charges & Financial Obligations · Restriction or exception
Your card issuer may add fees or taxes, and those are your responsibility
Each Subscription Provider may use a Payment Service to process your Payment Method. Depending on the Payment Method, the issuer may charge taxes and fees, such as per-transaction fees or fees for processing or attempting to process the payment. You are solely responsible for any such taxes and fees.
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Each Subscription Provider may use a Payment Service to process your Payment Method.
Depending on the Payment Method you use, your issuer may charge you certain taxes and fees, such as fees per transaction or other fees related to processing or attempting to process your Payment Method. You are solely responsible for any such taxes and fees.
Charges & Financial Obligations · Procedure
You must keep your payment method current; abroad, a new method must be issued in or authorised from your Home Country
For a direct Subscription you update your Payment Method through the Subscription setting of your HBO Max Account after signing in. For a Third Party Provider Subscription you may be able to update it through that provider's account, where available. A change in Payment Method may change your previous billing cycle, and it is your responsibility to update and maintain the Payment Method tied to your Subscription Fee. If you are outside your Home Country, the new Payment Method must be a valid form of payment issued in, or otherwise authorised from within, your Home Country.
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If your Subscription is directly through us, sign in at [https://auth.HBOMax.com/subscription](https://auth.HBOMax.com/subscription) and go to the Subscription setting in your HBO Max Account to update your Payment Method.
A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee.
If you are outside of your Home Country and would like to update your Payment Method, the new Payment Method must be a valid form of payment issued in, or otherwise authorized from within, your Home Country.
Charges & Financial Obligations · Company practice
If payment fails the company may suspend access, and a Third Party Provider may act on its own terms
You are responsible for all charges incurred in connection with your Subscription. If the Payment Method on file with the company fails to cover the Subscription Fee, the company may suspend your access until you update the Payment Method and pay. If your Subscription is with a Third Party Provider and you have unpaid amounts, that provider may take any action on your HBO Max Account based on its own terms with you. You may lose the benefit of any Promotional Offer if the Payment Method on file with the company fails to cover the fee.
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You are responsible for all charges incurred in connection with your Subscription.
In the event your Payment Method on file with us fails to cover the Subscription Fee, we may suspend your access to the Platform until you update your Payment Method and pay your Subscription Fee.
If your Subscription is with a Third Party Provider, and you have unpaid amounts, your Third Party Provider may take any action on your HBO Max Account based on the terms of your Subscription with that Third Party Provider. You may lose the benefit of any Promotional Offer in the event your Payment Method on file with us fails to cover the Subscription Fee.
Charges & Financial Obligations · Permission or license
A declined payment can be retried multiple times, and unpaid amounts may be pursued by others
If your Payment Method on file with the company is declined, the company or its Payment Service may try to charge it multiple times to keep your Subscription from lapsing, and you authorise those attempts. Your Subscription Provider may also pursue, or let the Payment Service or another third party pursue, amounts you fail to pay. If you use a debit card and it is declined, your bank may impose its own fee each time; any dispute over those fees is with the issuer, and neither the Subscription Provider nor the Payment Service is responsible for refunding them.
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In the event that your Payment Method on file with us is declined, we or the Payment Service may attempt to charge the Payment Method multiple times to prevent your Subscription from lapsing, and you hereby authorize us or the Payment Service to make such attempts.
Your Subscription Provider also may pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription.
Those fees are not charged by your Subscription Provider or the Payment Service, and neither your Subscription Provider nor the Payment Service is responsible for refunding those amounts.
Qualifications & exceptions
Issuer fees on declined debit cards apply only "if debit cards are accepted as a valid Payment Method" and you use one.
Charges & Financial Obligations · Restriction or exception
You stay liable for unpaid amounts and collection costs, except as Section 5.4 provides for arbitration fees
Except as specified in Section 5.4, you remain liable for all unpaid amounts and all costs of collecting them, such as bank overdraft fees, collection agency fees, reasonable attorney's fees and arbitration costs. Section 5.4(d) is the main exception for arbitration: if the arbitrator finds that arbitration fees would be prohibitive for you compared with litigation, the company will pay as much of your filing, arbitrator and hearing fees as the arbitrator considers necessary, unless your claims were frivolous, brought for an improper purpose or in bad faith.
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Except as specified in Section 5.4, you will remain liable for all amounts and all costs incurred to collect any unpaid amounts, such as bank overdraft fees, collection agency fees, reasonable attorney’s fees and arbitration costs.
If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.
5.4. DISPUTE RESOLUTION:
Qualifications & exceptions
Arbitration costs can also shift to the losing side through the offer-of-settlement rule in Section 5.4(f).
Charges & Financial Obligations · Restriction or exception
Subscription fees are non-refundable, with no credit or proration on cancellation, unless the law requires otherwise
Unless required by applicable law, Subscription fees are non-refundable, and the company does not provide refunds, credit or prorated billing for cancelled Subscriptions. A Subscription Provider may choose to offer refunds, discounts or other consideration as a discretionary accommodation, but doing so once does not create an obligation to do so again. This general rule has a separate exception for One-Time Purchases: if you are billed through the company and the event is rescheduled you may request a refund, and if it is cancelled the company will refund the amount paid (Section 3.2).
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UNLESS REQUIRED BY APPLICABLE LAW, SUBSCRIPTION FEES ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS, CREDIT, OR PRORATED BILLING FOR CANCELED SUBSCRIPTIONS.
A Subscription Provider may choose to offer refunds, discounts or other consideration as a discretionary accommodation.
If you are billed through us and the Content associated with a One-Time Purchase is: (a) rescheduled, you may request a refund for the amount paid or (b) canceled, we will refund the amount paid.
Qualifications & exceptions
Refunds for Third Party Provider billing are handled by that provider.
A one-off discretionary refund does not create a right to another.
Charges & Financial Obligations · Company practice
One-Time Purchase events can be rescheduled or cancelled, and each purchase has its own separate agreement
Content associated with a One-Time Purchase may be rescheduled or cancelled at any time. If that happens, the company will notify you on the Platform and, where applicable, directly, for example by email. Each One-Time Purchase is governed by a separate agreement that you enter into at the point of purchase and that ends automatically when your viewing period expires, without affecting these Terms for other Content or your Subscription. Refunds for rescheduled or cancelled events are covered in the One-Time Purchase payment card.
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Content associated with One-Time Purchases may be rescheduled or canceled at any time. If this occurs, we will notify you on the Platform and, where applicable, directly (e.g., via email).
Each One-Time Purchase is governed by a separate agreement that you enter into at the point of purchase and which ends automatically once your viewing period expires. This does not affect these Terms, including for any other Content or your Subscription to the Platform.
Not stated here
The separate agreement for each One-Time Purchase, and the Help Center details on access period and concurrent streams, are not supplied with this document.
Charges & Financial Obligations · Restriction or exception
Total liability to you is capped at what you paid for the Platform in the 12 months before the claim
The Released Parties' liability to you for any cause, whatever the form of the action, is always limited to the amount you paid, if any, solely for the HBO Max Platform during the twelve months before the claim. If you paid nothing in that period, the cap can be zero. The limit applies to the extent permitted by applicable law. Separately, the arbitration clause says an arbitrator can award the same damages and relief a court could unless the arbitration provision expressly limits it.
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THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE HBO MAX PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Qualifications & exceptions
Only amounts paid "solely for the HBO Max Platform" in the prior twelve months count.
Not stated here
The Terms do not list exceptions to the cap, such as for personal injury, fraud or liability that cannot be limited by law, beyond the general "extent permitted by applicable law" wording.
Charges & Financial Obligations · Company commitment
Arbitration fees follow NAM rules, but the company pays what is needed if fees would be prohibitive for you
Arbitration fees (filing, arbitrator and hearing fees) are governed by the applicable NAM Rules unless you qualify for a fee waiver under applicable law. If, after exhausting any available fee waivers, the arbitrator finds the fees would be prohibitive for you compared with litigation, the company will pay as much of your filing, arbitrator and hearing fees as the arbitrator considers necessary to prevent the arbitration from being cost-prohibitive, regardless of outcome. The exception is where the arbitrator decides your claims were frivolous, brought for an improper purpose or asserted in bad faith. Either party may ask NAM to reduce or defer fees.
Supporting quotations
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.
If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.
You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
Qualifications & exceptions
The company's payment is conditional on a finding that fees are prohibitive; it is not a promise to pay all fees in every case.
Charges & Financial Obligations · Restriction or exception
A rejected settlement offer can make the losing side pay the other side's later costs, including attorneys' fees
In any arbitration between you and the company, the defending party may, but need not, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is allowed, before it is granted. The offer's amount or terms are not disclosed to the arbitrator until after the award. If the award in the other party's favor is less than the offer, or 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 attorneys' fees. If a statute or case law prohibits shifting costs incurred in the arbitration, the offer instead stops the accumulation of costs the claimant might otherwise be entitled to recover for that cause of action.
Supporting quotations
In any arbitration between you and HBO Max, 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.
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 attorneys’ 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.
Qualifications & exceptions
The rule applies to whichever side is the defending party, including you.