This clause states that most disputes with Netflix must be resolved through arbitration instead of in court. Users have a limited time to opt out of this requirement.
Supporting quotations
THESE TERMS OF USE REQUIRE YOU TO RESOLVE MOST DISPUTES WITH NETFLIX IN ARBITRATION, NOT IN COURT, UNLESS YOU EXERCISE YOUR TIME-LIMITED RIGHT TO OPT OUT OF THAT REQUIREMENT.
Qualifications & exceptions
most disputes
unless you exercise your time-limited right to opt out
Not stated here
the specific time limit for opting out
Cross-references
supports (model-proposed): Arbitration Agreement Overview — A1 introduces the concept of dispute resolution by arbitration, which A51 further details as an agreement affecting user rights.
supports (model-proposed): Binding Individual Confidential Arbitration — A1 states disputes are resolved by arbitration, and A63 specifies it will be binding, individual, and confidential.
Data Access & Collection · Company practice
Offer Eligibility Determination
Netflix may offer special promotions and determines eligibility for these offers at its sole discretion. Netflix reserves the right to revoke an offer if it determines a user is not eligible. Information such as device ID, payment method, or contact information may be used to determine eligibility.
Supporting quotations
Offer eligibility is determined by Netflix at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Netflix account may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or your contact information to determine Offer eligibility.
Qualifications & exceptions
Offer eligibility is determined by Netflix at its sole discretion
We may use information such as device ID, method of payment or your contact information to determine Offer eligibility.
the specific criteria Netflix uses to determine eligibility
Account & Service Control · Restriction or exception
Account Sharing Restrictions
The Netflix service and its content are for personal, non-commercial use only. They cannot be shared with anyone outside of the user's household, unless an Extra Member account has been purchased.
Supporting quotations
The Netflix service and any content accessed through it are for your personal, non-commercial use only and may not be shared with anyone outside of your household unless you purchased an Extra Member account.
Qualifications & exceptions
for your personal, non-commercial use only
may not be shared with anyone outside of your household unless you purchased an Extra Member account
Cross-references
supports (model-proposed): Prohibited Commercial Use of Service — A5 restricts the service to personal, non-commercial use, which A10 reinforces by prohibiting commercial use or public performances.
Account & Service Control · Restriction or exception
Geographic and Device Access Limitations
Users can primarily access Netflix content within the country where their account was established, and only in locations where their subscription plan is offered and content is licensed. Content availability varies by location, may be legally or contractually limited, and changes over time. Not all content may be available with ad-supported plans. The number of simultaneous viewing devices depends on the subscription plan.
Supporting quotations
You may access Netflix content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available will vary by geographic location, may be limited by law or by the rights that our third-party content providers grant to us, and will change from time to time. Not all Netflix content may be available in the ad supported subscription plan. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
Qualifications & exceptions
primarily within the country in which you have established your account
only in geographic locations where we offer your subscription plan and have licensed such content
may be limited by law or by the rights that our third-party content providers grant to us
Not all Netflix content may be available in the ad supported subscription plan
The number of devices on which you may simultaneously watch depends on your chosen subscription plan
Unresolved · Company practice
Service Updates and Testing
The Netflix service and its content are regularly updated, so specific content is not guaranteed to be available at all times. Content or features may be temporarily unavailable due to demand, technical issues, or maintenance. Netflix also continually tests aspects of its service, and users can opt out of test participation through their account settings.
Supporting quotations
The Netflix service, including the Netflix content, is regularly updated. As a result, we do not guarantee that particular content will be available on the Netflix service at any given time. While we strive to provide a consistent and high-quality experience, some content or features may be temporarily unavailable due to demand, technical constraints, or system maintenance. In addition, we continually test various aspects of our service, including our websites, user interfaces and promotional features. You can turn off test participation at any time by visiting the "Account" page and changing the "Test participation" settings.
Qualifications & exceptions
we do not guarantee that particular content will be available on the Netflix service at any given time
some content or features may be temporarily unavailable due to demand, technical constraints, or system maintenance
You can turn off test participation at any time by visiting the "Account" page and changing the "Test participation" settings.
Content & IP Rights · Restriction or exception
Offline Content Download Limitations
Some Netflix content can be temporarily downloaded for offline viewing on certain devices, depending on the subscription plan. These 'Offline Titles' have limitations, including restrictions on the number of titles per account, the number of devices, and how long they remain accessible or playable.
Supporting quotations
Depending on the subscription plan, some Netflix content may be available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
Qualifications & exceptions
Depending on the subscription plan
some Netflix content may be available for temporary download
on certain supported devices
Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.
Some Offline Titles may not be playable in certain countries
Content & IP Rights · Permission or license
Limited Access Grant to Netflix Service
Netflix grants users a limited, non-exclusive, non-transferable right to access the Netflix service, subject to these Terms and explicit authorization. No other rights, title, or interest in the service are transferred to the user.
Supporting quotations
Subject to these Terms and only to the extent you are expressly authorised, we grant you a limited, non-exclusive, non-transferable right to access the Netflix service. Except for the foregoing, no right, title or interest shall be transferred to you.
Qualifications & exceptions
Subject to these Terms and only to the extent you are expressly authorised
limited, non-exclusive, non-transferable right
Cross-references
narrows (model-proposed): Prohibition on Automated Access — A9 grants a limited right to access, which A13 restricts by prohibiting automated access.
Content & IP Rights · Restriction or exception
Prohibited Commercial Use of Service
Users agree not to use the Netflix service for commercial purposes or public performances.
Supporting quotations
use the service for commercial purposes or public performances;
Security & Safeguards · Restriction or exception
Prohibition on Automated Access
Users agree not to use any robot, spider, scraper, or other automated means to access the Netflix service.
Supporting quotations
use any robot, spider, scraper or other automated means to access the Netflix service;
Content & IP Rights · Restriction or exception
Prohibition on AI/ML Tool Use
Users agree not to engage in any of the previously listed prohibited activities (such as reproducing content, reverse engineering, data mining) in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking, or validation of any machine learning tool, model, system, algorithm, product, or other technology.
Supporting quotations
engage in any of the foregoing in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology.
Account & Service Control · Company practice
Software Updates
Netflix software, developed by or for Netflix, can only be used for authorized access to Netflix content on supported devices. By using the service, you agree to receive automatic updates for Netflix and related third-party software without further notice.
Supporting quotations
The Netflix software is developed by, or for, Netflix and may solely be used for authorized access to Netflix content through Netflix supported devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Netflix and related third-party software.
Qualifications & exceptions
may solely be used for authorized access to Netflix content through Netflix supported devices
may vary by device and medium
functionalities may also differ between devices
without further notice or prompting
purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
Device Responsibility
Netflix states that it is not responsible for issues related to the device you use to access the service or its compatibility with Netflix. You must address such issues with the device manufacturer or seller.
Supporting quotations
By using our service, you agree to look solely to the entity that manufactured and/or sold you the Netflix supported device for any issues related to the device and its compatibility with the Netflix service. We do not take responsibility or otherwise warrant the performance of Netflix supported devices, including the continued compatibility with our service.
Qualifications & exceptions
solely to the entity that manufactured and/or sold you the Netflix supported device for any issues related to the device and its compatibility with the Netflix service
We do not take responsibility or otherwise warrant the performance of Netflix supported devices, including the continued compatibility with our service
Use & Processing · Company practice
Monitoring Interactive Features
Netflix may offer interactive features like live chat or polls. They may use automated systems and human reviewers to record, monitor, analyze, modify, disable, store, and review your use of these features, including communications and materials you submit. This is done to detect, investigate, identify, or prevent violations of their terms, community guidelines, or illegal/harmful content or conduct.
Supporting quotations
We may (but are not obligated to) use automated systems and human reviewers to record, monitor, analyse, modify, disable and, store and review use of our Interactive Features, including your communications and material you or other users submit, to detect, investigate identify or prevent suspected violations of these Terms, our Community Guidelines or illegal or harmful content or conduct.
Qualifications & exceptions
may offer certain Interactive Features
may (but are not obligated to) use automated systems and human reviewers to record, monitor, analyse, modify, disable and, store and review use of our Interactive Features, including your communications and material you or other users submit
to detect, investigate identify or prevent suspected violations of these Terms, our Community Guidelines or illegal or harmful content or conduct
Your Netflix subscription automatically renews until canceled. You must provide a valid payment method, and subscription fees, taxes, and transaction fees will be charged to it on your payment date. You must cancel before renewal to avoid being charged for the next billing cycle.
Supporting quotations
Your Netflix subscription will continue and automatically renew until terminated. To purchase a subscription, you will need to add one or more Payment Methods to your account. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below). The subscription fee and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. You can see your next payment date on the “Account” page. We may authorize your Payment Method to verify it and to cover upcoming charges through various methods, including a pre-authorization of up to one month of service as soon as you register for a subscription. If you signed up for Netflix using your account with a third party as a Payment Method, you can find the billing information about your Netflix subscription by visiting your account with the applicable third party.
Qualifications & exceptions
will continue and automatically renew until terminated
You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method
may be updated from time to time
may include payment through your account with a third party
In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month
data: payment · purpose: service_operation
Cross-references
narrows (model-proposed): Subscription Cancellation — A24 states subscriptions auto-renew, which A29 narrows by allowing users to cancel at any time.
qualifies (model-proposed): No Refunds for Payments — A24 states subscriptions auto-renew, which A31 qualifies by stating payments are generally non-refundable.
qualifies (model-proposed): Changes to Subscription Plans and Pricing — A24 states subscriptions auto-renew, which A30 qualifies by stating Netflix may change plans and prices.
Charges & Financial Obligations · Company practice
Payment Method Authorization
You authorize Netflix to charge any payment method associated with your account if your primary payment method fails. You are responsible for any unpaid amounts. If payment is unsuccessful and you don't cancel, Netflix may suspend your access until a valid payment method is charged. Your payment provider may charge additional fees.
Supporting quotations
You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Qualifications & exceptions
You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee
You remain responsible for any uncollected amounts
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method
For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method
data: payment · purpose: service_operation
Cross-references
supports (model-proposed): Updating Payment Methods — A25 authorizes Netflix to charge payment methods, and A26 supports this by allowing users to update payment methods.
Charges & Financial Obligations · Company practice
Updating Payment Methods
You can update your payment methods through your account page. Netflix may also update your payment methods using information from payment service providers, and you authorize them to continue charging the updated methods.
Supporting quotations
You can update your Payment Methods through the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Qualifications & exceptions
You can update your Payment Methods through the "Account" page
We may also update your Payment Methods using information provided by the payment service providers
Following any update, you authorize us to continue to charge the applicable Payment Method(s)
data: payment · purpose: service_operation
Account & Service Control · Company practice
Subscription Plans with Advertisements
Netflix may offer subscription plans with or without advertisements. Even ad-free plans may show ads during certain live events, linear programming, or when legally/contractually required. All plans may also include limited commercial content like branded content, sponsorships, or promotions for Netflix content/services.
Supporting quotations
We may offer a number of subscription plans, including plans with or without advertisements. Our ad-free subscription plans are designed to provide an experience without commercial interruptions. However, there may be some occasions when you may see advertisements — for example, during certain live or special events (including replays), as part of linear programming, or where required by streaming rights or other legal or contractual obligations. In addition, all subscription plans may contain limited commercial content, such as branded content or sponsorship messaging, promotions for Netflix content or information about other Netflix products or services.
Qualifications & exceptions
We may offer a number of subscription plans, including plans with or without advertisements
Our ad-free subscription plans are designed to provide an experience without commercial interruptions
However, there may be some occasions when you may see advertisements — for example, during certain live or special events (including replays), as part of linear programming, or where required by streaming rights or other legal or contractual obligations
In addition, all subscription plans may contain limited commercial content, such as branded content or sponsorship messaging, promotions for Netflix content or information about other Netflix products or services
purpose: advertising · purpose: marketing
Account & Service Control · Restriction or exception
Third-Party Subscriptions
Some Netflix subscriptions are offered through third parties. Netflix is not responsible for the products and services provided by these third parties. These plans may have different conditions and limitations, which will be disclosed before you sign up.
Supporting quotations
Some subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. In addition, some of these subscription plans may have differing conditions and limitations, which will be disclosed prior to your sign-up or in other communications made available to you.
Qualifications & exceptions
Some subscriptions are offered by third parties in conjunction with the provision of their own products and services
We are not responsible for the products and services provided by such third parties
some of these subscription plans may have differing conditions and limitations, which will be disclosed prior to your sign-up or in other communications made available to you
purpose: third_party_services
Cross-references
qualifies (model-proposed): Subscription Autorenewal and Billing — A28 states some subscriptions are through third parties, which qualifies the general auto-renewal process in A24.
Account & Service Control · User right or choice
Subscription Cancellation
You can cancel your Netflix subscription at any time through the 'Account' page. The cancellation takes effect at the end of your current billing period. If you signed up through a third party, you may need to cancel directly with that third party.
Supporting quotations
You can cancel your Netflix subscription at any time. To cancel, go to the "Account" page and follow the cancellation instructions. The cancellation will take effect at the end of the billing period. You can see when your subscription will end on the "Account" page. If you signed up for Netflix using your account with a third party as a Payment Method and wish to cancel your Netflix subscription you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Netflix service through that third party.
Qualifications & exceptions
You can cancel your Netflix subscription at any time
The cancellation will take effect at the end of the billing period
If you signed up for Netflix using your account with a third party as a Payment Method and wish to cancel your Netflix subscription you may need to do so through that third party
purpose: service_operation
Cross-references
supports (model-proposed): Cancelling or Changing Extra Member Accounts — A29 allows users to cancel their subscription, and A33 supports this by allowing Extra Members to cancel their own accounts.
Account & Service Control · Company practice
Changes to Subscription Plans and Pricing
Netflix may change its subscription plans and prices. They will notify users at least one month before these changes take effect. Users can cancel their subscription if they do not agree to the changes.
Supporting quotations
We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
Qualifications & exceptions
We may change
We will notify you at least one month before
Charges & Financial Obligations · Company practice
No Refunds for Payments
Payments for Netflix subscriptions are generally non-refundable, and no refunds or credits are given for partially used subscription periods. However, Netflix may, at its sole discretion, provide refunds, discounts, or other credits to members.
Supporting quotations
Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Qualifications & exceptions
Payments are nonrefundable
there are no refunds or credits for partially used subscription periods
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members
The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion
Account & Service Control · Company practice
Extra Member Account Creation
Account Owners can purchase an 'Extra Member' account if their subscription plan allows it. This permits someone outside their household to access Netflix under their subscription, subject to the Terms of Use. The Account Owner's payment method will be charged for these fees, and Extra Members can only activate their account in the country where the Account Owner created their account.
Supporting quotations
Where permitted by the Account Owner’s subscription plan, the Account Owner may purchase an Extra Member account, authorising a person outside of the Account Owner’s household (the “Extra Member”) to access the Netflix service under the Account Owner’s subscription and subject to these Terms of Use. The subscription fees related to the Extra Member account will be charged to the Account Owner’s Payment Method. Extra Members may activate their Extra Member account only in the country where the Account Owner created their account.
Qualifications & exceptions
Where permitted by the Account Owner’s subscription plan
authorising a person outside of the Account Owner’s household
subject to these Terms of Use
Extra Members may activate their Extra Member account only in the country where the Account Owner created their account
Account & Service Control · User right or choice
Cancelling or Changing Extra Member Accounts
An Extra Member can cancel their own account at any time, which immediately ends their access. The Account Owner can also remove the Extra Member feature or change the Extra Member at any time. If the Account Owner removes the feature, the Extra Member retains access until the end of the billing period. If the Account Owner changes the beneficiary, the previous Extra Member loses access immediately. Extra Members can upgrade their account to a full subscription.
Supporting quotations
An Extra Member may cancel their account at any time; cancellation by the Extra Member will result in the Extra Member’s immediate loss of access to the Netflix service. The Account Owner may also, in their sole discretion and at any time, remove the Extra Member feature from their subscription or change its beneficiary. If the Account Owner removes the Extra Member feature from their subscription, the Extra Member will retain access to the Netflix service until the end of the Account Owner’s billing period. If the Account Owner changes the beneficiary of the Extra Member account, the previous beneficiary’s access to the Netflix service will end immediately. An Extra Member who wishes to continue using the service, can upgrade their Extra Member account to a subscription via the “Account” page.
Qualifications & exceptions
An Extra Member may cancel their account at any time
cancellation by the Extra Member will result in the Extra Member’s immediate loss of access
The Account Owner may also, in their sole discretion and at any time, remove the Extra Member feature from their subscription or change its beneficiary
If the Account Owner removes the Extra Member feature from their subscription, the Extra Member will retain access to the Netflix service until the end of the Account Owner’s billing period
If the Account Owner changes the beneficiary of the Extra Member account, the previous beneficiary’s access to the Netflix service will end immediately
Account & Service Control · Company practice
Account Responsibility and Security
Users are responsible for all activity on their Netflix account. Anyone given access to the account is bound by the Terms of Use, including arbitration requirements. By allowing others access, users agree those individuals act on their behalf and can make account changes. To prevent unauthorized access, users should control devices, not share login credentials or payment details, and provide accurate contact information. Netflix can terminate or hold accounts to protect against fraud. Users should deactivate Netflix on sold, lost, or stolen devices to prevent others from accessing their account information.
Supporting quotations
You are responsible for any activity that occurs through the Netflix account. All persons to whom you give access to your account, whether or not such sharing of access is permitted by these Terms of Use, are bound by these Terms of Use, including the requirement to arbitrate disputes. By allowing others to access the account (which includes access to information on viewing activity for the account), you also agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including changes to subscription plans. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the login credentials or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including valid contact information so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, Netflix or our partners from identity theft or other fraudulent activity. Netflix is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Netflix or by the automated processes of Netflix. If your Netflix supported device is sold, lost or stolen, please deactivate the Netflix supported device. If you fail to log out or deactivate your device, subsequent users may access the Netflix service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page.
Qualifications & exceptions
You are responsible for any activity that occurs through the Netflix account
All persons to whom you give access to your account, whether or not such sharing of access is permitted by these Terms of Use, are bound by these Terms of Use
By allowing others to access the account (which includes access to information on viewing activity for the account), you also agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account
You agree to provide and maintain accurate information relating to your account
We can terminate your account or place your account on hold in order to protect you, Netflix or our partners from identity theft or other fraudulent activity
Netflix is not obligated to credit or discount a subscription for holds placed on the account
If you fail to log out or deactivate your device, subsequent users may access the Netflix service through your account and may be able to access certain of your account information
Legal Rights & Agreement Rules · Restriction or exception
Service Provided 'As Is'
The Netflix service, its content, software, and features are provided 'as is' and 'as available,' meaning they come with all faults and no warranty. Netflix does not guarantee uninterrupted or error-free service and specifically disclaims liability for the use of applications, supported devices, and software, including their compatibility with the service.
Supporting quotations
THE NETFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NETFLIX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NETFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NETFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NETFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, NETFLIX SUPPORTED DEVICES, AND NETFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
Qualifications & exceptions
are provided "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND
NETFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NETFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
NETFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, NETFLIX SUPPORTED DEVICES, AND NETFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE)
Legal Rights & Agreement Rules · Restriction or exception
Limitation of Liability for Damages
To the extent allowed by law, Netflix and its related entities are not liable for personal injury or any special, incidental, indirect, or consequential damages.
Supporting quotations
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NETFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
Qualifications & exceptions
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS
IN NO EVENT SHALL NETFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
Legal Rights & Agreement Rules · Restriction or exception
Third-Party Advertisements and Content
Users may encounter third-party advertisements or commercial content on Netflix. Netflix does not endorse or sponsor these products or services and is not responsible for them. Any interactions with advertisers are at the user's own risk, and Netflix is not liable for any damages resulting from such interactions.
Supporting quotations
YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE NETFLIX SERVICE. NETFLIX DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT NETFLIX IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.
Qualifications & exceptions
YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE NETFLIX SERVICE
NETFLIX DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS
ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK
YOU AGREE THAT NETFLIX IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS
purpose: advertising
Legal Rights & Agreement Rules · Restriction or exception
Non-Waivable Statutory Rights
Nothing in these Terms of Use will affect any statutory rights that apply to the user and cannot be waived.
Supporting quotations
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Qualifications & exceptions
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU
Legal Rights & Agreement Rules · Restriction or exception
Waiver of Class, Consolidated, and Representative Actions
For disputes not subject to arbitration, users and Netflix agree to pursue them individually. This means they will not participate in class, consolidated, or representative actions, or class-wide arbitration. The only exception is if Netflix chooses to resolve arbitrable claims in court on a class basis, in which case users cannot pursue those claims in arbitration if they opt out of the settlement class.
Supporting quotations
To the maximum extent permitted by applicable law, for any disputes between you and Netflix that are not subject to the requirement to arbitrate explained below, you and Netflix expressly agree to pursue those non-arbitrable disputes on an individual basis only. This means that you and Netflix will not seek to bring, join, or participate in any class, consolidated, or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions). It also means that you and Netflix agree not to consolidate or combine individual proceedings or permit another to do so without the other’s permission. The sole exception to this is that Netflix may elect to resolve otherwise arbitrable claims in court on a class, collective, or representative basis, in which case—as explained in the Arbitration Agreement in Section 8 below—you will not be able to pursue those claims in arbitration if you opt out of the settlement class.
Qualifications & exceptions
To the maximum extent permitted by applicable law
for any disputes between you and Netflix that are not subject to the requirement to arbitrate explained below, you and Netflix expressly agree to pursue those non-arbitrable disputes on an individual basis only
you and Netflix will not seek to bring, join, or participate in any class, consolidated, or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity
you and Netflix agree not to consolidate or combine individual proceedings or permit another to do so without the other’s permission
The sole exception to this is that Netflix may elect to resolve otherwise arbitrable claims in court on a class, collective, or representative basis, in which case—as explained in the Arbitration Agreement in Section 8 below—you will not be able to pursue those claims in arbitration if you opt out of the settlement class
Cross-references
supports (model-proposed): Waiver of Jury Trial — A39 waives class actions for non-arbitration disputes, and A41 supports this by waiving jury trials for court claims.
supports (model-proposed): No Class Action Arbitration — A39 waives class actions for non-arbitration disputes, and A62 supports this by explicitly prohibiting class action arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Waiver of Public Injunctive Relief
Users and Netflix waive the right to seek public injunctive relief, to the fullest extent allowed by law. If a court determines this right cannot be waived for a specific matter, and other parts of the matter must be arbitrated, the request for public injunctive relief will be separated and resolved in court after arbitration. The court must accept the arbitrator's findings unless they were outside the arbitrator's authority.
Supporting quotations
To the fullest extent permitted by applicable law (including taking into account federal preemption of state laws), you and Netflix also waive the right to seek public injunctive relief. If a court determines that the right to seek public injunctive relief cannot be waived in a particular matter, and if other aspects of the matter must be arbitrated pursuant to the Arbitration Agreement, then the request for public injunctive relief will be severed from the rest of any claim (including any other relief or remedies associated with that claim) and any other claims at issue in the dispute. The severed request for public injunctive relief will be resolved in court after the arbitration of the remainder of the dispute. Upon the conclusion of arbitration, you and Netflix agree that the court considering the public injunctive relief request must accept findings of fact and conclusions of law rendered by the arbitrator unless the court determines that those findings or conclusions were outside the arbitrator’s authority to render.
Qualifications & exceptions
To the fullest extent permitted by applicable law (including taking into account federal preemption of state laws), you and Netflix also waive the right to seek public injunctive relief
If a court determines that the right to seek public injunctive relief cannot be waived in a particular matter, and if other aspects of the matter must be arbitrated pursuant to the Arbitration Agreement, then the request for public injunctive relief will be severed from the rest of any claim (including any other relief or remedies associated with that claim) and any other claims at issue in the dispute
The severed request for public injunctive relief will be resolved in court after the arbitration of the remainder of the dispute
Upon the conclusion of arbitration, you and Netflix agree that the court considering the public injunctive relief request must accept findings of fact and conclusions of law rendered by the arbitrator unless the court determines that those findings or conclusions were outside the arbitrator’s authority to render
Legal Rights & Agreement Rules · Restriction or exception
Waiver of Jury Trial
For any claims that proceed in court, both users and Netflix waive their constitutional and statutory rights to a trial by jury, to the fullest extent permitted by applicable law.
Supporting quotations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY CLAIMS THAT PROCEED IN COURT, YOU AND NETFLIX ALSO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL BY JURY.
Qualifications & exceptions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
FOR ANY CLAIMS THAT PROCEED IN COURT, YOU AND NETFLIX ALSO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL BY JURY
Cross-references
qualifies (model-proposed): Enforceability of Waivers — A41 waives jury trials, which A42 qualifies by stating that arguments about the enforceability of waivers must be resolved by a court.
Legal Rights & Agreement Rules · Procedure
Enforceability of Waivers
Any arguments that the waivers described in this section are unenforceable must be resolved by a court, not by an arbitrator.
Supporting quotations
Any arguments that one or more of the waivers described in this section are void, voidable, unconscionable, or otherwise unenforceable as written must be resolved by a court of competent jurisdiction, not by an arbitrator.
Qualifications & exceptions
Any arguments that one or more of the waivers described in this section are void, voidable, unconscionable, or otherwise unenforceable as written must be resolved by a court of competent jurisdiction, not by an arbitrator
Content & IP Rights · Company practice
Unsolicited Materials Policy
Netflix does not accept unsolicited materials or ideas for content and is not responsible if its content is similar to ideas you send. If you send unsolicited materials, you waive any claims against Netflix regarding their use, even if similar ideas are used.
Supporting quotations
Netflix does not accept unsolicited materials or ideas for Netflix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Netflix. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Netflix and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Qualifications & exceptions
Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Netflix and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Data Access & Collection · User right or choice
Remote Access for Customer Support
Customer Service may offer remote access to your computer to assist you. You can choose not to consent to this, and they will provide assistance through other methods.
Supporting quotations
In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
Qualifications & exceptions
In certain instances
If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
If there's a conflict between these Terms of Use and information from Customer Service or other parts of Netflix's websites, these Terms of Use will be the definitive document.
Supporting quotations
In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will control.
If any part of these Terms of Use is found to be invalid, illegal, or unenforceable, the rest of the terms will still be valid and enforceable.
Supporting quotations
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Legal Rights & Agreement Rules · Company practice
Changes to Terms and Assignment
Netflix may change these Terms of Use, with revisions effective immediately. For existing members, significant changes will generally take effect one month after you are notified. Netflix can also transfer its agreement with you to an affiliated company or to an entity that acquires most of its business or assets related to the Netflix service.
Supporting quotations
We may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Netflix service.
Qualifications & exceptions
for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you
to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Netflix service
Legal Rights & Agreement Rules · Company commitment
Electronic Communication Consent
Netflix will send you account-related information electronically, such as payment authorizations, invoices, and notices. You agree that these electronic communications meet legal requirements for written communication.
Supporting quotations
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in contact details or Payment Method, confirmation messages, notices) in electronic form only. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Qualifications & exceptions
in electronic form only
Legal Rights & Agreement Rules · Company practice
Arbitration Agreement Overview
This section outlines the Arbitration Agreement, which affects your rights, including the ability to sue Netflix in court or participate in class actions. Arbitration does not involve a judge or jury, and discovery and appeal rights are more limited. You have a limited time to opt out of this arbitration requirement.
Supporting quotations
THIS SECTION OF THE TERMS OF USE IS REFERRED TO AS THE “ARBITRATION AGREEMENT.” PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT AGAINST NETFLIX IN COURT AND TO PARTICIPATE IN CLASS ACTIONS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS REQUIREMENT TO ARBITRATE DISPUTES, AS EXPLAINED BELOW.
Qualifications & exceptions
YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS REQUIREMENT TO ARBITRATE DISPUTES, AS EXPLAINED BELOW.
narrows (model-proposed): Exceptions to Mandatory Arbitration — A51 outlines the arbitration agreement, which A54 narrows by listing exceptions to mandatory arbitration.
Legal Rights & Agreement Rules · Company practice
Dispute Resolution Process
Netflix aims to resolve disagreements amicably through an informal dispute resolution process first. If informal means are unsuccessful, disputes will proceed to arbitration.
Supporting quotations
If disagreements between us arise, Netflix seeks to resolve those disagreements amicably and fairly. Accordingly, our dispute resolution process encourages us to work together to reconcile any disagreements. This includes an informal dispute resolution process and, if we don’t reach acceptable solutions through informal means, going to arbitration. Please read this Arbitration Agreement for more information.
Cross-references
supports (model-proposed): Informal Dispute Resolution — A52 states the aim to resolve disputes informally, which A57 supports by requiring informal resolution before arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Exceptions to Mandatory Arbitration
Certain types of claims are exempt from mandatory arbitration, including individual small-claims court actions, government agency enforcement actions, actions to uphold prior arbitration decisions, requests for injunctive relief to maintain status quo, intellectual property infringement claims, claims about Netflix's corporate transactions, claims from which you've opted out of a class action settlement, and challenges to the individual arbitration requirement.
Supporting quotations
The exceptions to this mandatory arbitration requirement are (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if applicable law allows it; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Netflix’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement (including claims of piracy or the unauthorized acquisition of a third party’s Netflix account); (vi) claims regarding transactions or proposed transactions between Netflix and third parties that would result in a corporate merger or Netflix’s purchase or sale of assets or intellectual property; (vii) claims that are the subject of a proposed class or collective action settlement in any court from which you have opted out of the settlement class; (viii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (ix) certain roles expressly specified for courts elsewhere in this Arbitration Agreement or in these Terms.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration vs. Unilateral Actions
This Arbitration Agreement only applies to 'Disputes' and does not prevent you or Netflix from taking unilateral actions allowed by the Terms of Use or law. For example, you can terminate your account without using the dispute process, and Netflix can suspend or terminate an account without it, though you can use the dispute process to challenge such a decision.
Supporting quotations
This Arbitration Agreement applies only to Disputes and does not prevent you or Netflix from taking unilateral actions that they are entitled to take under these Terms of Use or any other applicable law. This means, for example, that you can terminate your Netflix account without following this process for resolving Disputes. Likewise, Netflix may suspend or terminate an account (for example, because it detected a violation of these Terms of Use), in its sole discretion, without following this dispute resolution process, but you may use the dispute resolution process to seek a reversal of the decision if you disagree with it.
Qualifications & exceptions
This Arbitration Agreement applies only to Disputes and does not prevent you or Netflix from taking unilateral actions that they are entitled to take under these Terms of Use or any other applicable law.
Legal Rights & Agreement Rules · Procedure
Mixed Dispute Resolution Order
If a dispute has parts that are subject to arbitration and parts that are not, the arbitration-eligible parts must be arbitrated first. Both parties agree to ask the court to pause the court-bound parts until arbitration is finished.
Supporting quotations
For any Dispute between you and Netflix in which some portions of the Dispute are subject to arbitration and some are not, the portion of the dispute that is subject to arbitration must be arbitrated first, and you and Netflix agree to ask the court to stay the portion of the dispute that is to proceed in court pending the conclusion of the arbitration.
Legal Rights & Agreement Rules · Procedure
Informal Dispute Resolution
Before filing for arbitration, you and Netflix must try to resolve any dispute informally. This process begins with one party sending a 'Notice of Dispute' to the other, followed by at least 30 days of good-faith negotiation.
Supporting quotations
If you and Netflix have a Dispute, we will attempt to resolve the Dispute informally before an arbitration is filed. You or Netflix must begin the process by sending the other a “Notice of Dispute,” the contents of which are described below. After that, you and Netflix agree to make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days from the date a compliant Notice of Dispute is received. This process is called “Informal Resolution.”
Qualifications & exceptions
for at least 30 days from the date a compliant Notice of Dispute is received
Cross-references
supports (model-proposed): Dispute Notice Requirements — A57 requires informal dispute resolution, and A58 supports this by detailing the notice requirements for such disputes.
This clause outlines the information required when sending a Notice of Dispute to Netflix, including contact details, account information, a description of the dispute, and the desired resolution. It also states that Netflix will send notices to the contact information you have provided.
Supporting quotations
You must send any Notice of Dispute to InformalResolution@netflix.com. If Netflix has a Dispute against you, it will send the notice to the contact information you have provided to Netflix. The Notice of Dispute sent by you or Netflix must include the sender’s name, address, and other contact information, the contact information associated with your Netflix account, a comprehensive description of the Dispute, and what resolution to the Dispute is being sought. You may engage counsel to represent you during Informal Resolution, but you agree to participate personally in settlement discussions if Netflix requests that you do so.
data: identifiers
Legal Rights & Agreement Rules · Restriction or exception
Informal Resolution Prerequisite for Arbitration
This clause states that you and Netflix cannot proceed to arbitration unless a compliant Notice of Dispute has been provided, good faith participation in the Informal Resolution process has occurred, and the Informal Resolution period has expired. Disputes about compliance with these requirements will be decided by a court, not an arbitrator.
Supporting quotations
You and Netflix cannot proceed to arbitration unless all information required in a Notice of Dispute is provided, you have participated in good faith in the Informal Resolution process, and the Informal Resolution period has expired. If you or Netflix proceed to arbitration without having provided a compliant Notice of Dispute, and without having engaged in Informal Resolution, the sufficiency of a Notice of Dispute and/or the parties’ compliance with the Informal Resolution requirement are issues to be decided by a court, not an arbitrator.
Qualifications & exceptions
unless all information required in a Notice of Dispute is provided
you have participated in good faith in the Informal Resolution process
the Informal Resolution period has expired
Cross-references
supports (model-proposed): Statute of Limitations Tolling — A59 makes informal resolution a prerequisite for arbitration, and A60 supports this by pausing the statute of limitations during this period.
Legal Rights & Agreement Rules · Company practice
Statute of Limitations Tolling
This clause states that all applicable statutes of limitation are considered paused starting from the date a compliant Notice of Dispute is sent.
Supporting quotations
All applicable statutes of limitation are deemed to be tolled beginning on the date a compliant Notice of Dispute is sent.
Legal Rights & Agreement Rules · User right or choice
Small Claims Court Option
This clause states that disputes qualifying for small claims court in your county of residence can be brought as individual actions in those courts, even though arbitration is generally required. You do not need to complete the Informal Resolution process before going to small claims court, but Netflix encourages trying it first.
Supporting quotations
You and Netflix agree that, notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in the county where you live may be brought as individual actions in such small-claims courts. Netflix hopes you will try Informal Resolution first, and you must do so before commencing an arbitration, but you do not have to complete the Informal Resolution process before going to small-claims court.
Qualifications & exceptions
Disputes that qualify for small-claims court in the county where you live
as individual actions
Legal Rights & Agreement Rules · Restriction or exception
No Class Action Arbitration
This clause explicitly states that arbitration proceedings will be conducted on an individual basis only, and Netflix does not consent to class action procedures in arbitration, even if the arbitration provider allows them.
Supporting quotations
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Netflix consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
Qualifications & exceptions
on an individual basis only
Under no circumstances does Netflix consent to have any Disputes arbitrated using class action procedures
Cross-references
supports (model-proposed): Definition of Individual Arbitration — A62 prohibits class action arbitration, which A66 supports by defining individual arbitration as awarding remedies only to individual claims.
Legal Rights & Agreement Rules · Company practice
Binding Individual Confidential Arbitration
This clause states that disputes between you and Netflix will be resolved through binding, individual, and confidential arbitration conducted by JAMS, following specific rules and federal arbitration law. The arbitrator will apply the Arbitration Agreement and other contractual terms as a court would.
Supporting quotations
You and Netflix agree that Disputes will be settled by Binding, Individual, Confidential Arbitration conducted by JAMS, according to the FAA, federal arbitration law, the JAMS Streamlined Arbitration Rules and Procedures, and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (together, the “JAMS Rules”), available at [https://www.jamsadr.com/adr-rules-procedures](https://www.jamsadr.com/adr-rules-procedures), as modified by the terms of this Arbitration Agreement. The arbitrator will apply this Arbitration Agreement and all other applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact, based only upon the record before the arbitrator.
Qualifications & exceptions
by Binding, Individual, Confidential Arbitration
conducted by JAMS, according to the FAA, federal arbitration law, the JAMS Streamlined Arbitration Rules and Procedures, and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines
Cross-references
qualifies (model-proposed): Alternative Arbitral Forum Selection — A63 states disputes will be resolved by JAMS, which A64 qualifies by outlining an alternative forum if JAMS is unavailable.
supports (model-proposed): Definition of Arbitration — A63 states disputes will be resolved by arbitration, and A65 defines what arbitration means.
supports (model-proposed): Definition of Individual Arbitration — A63 states disputes will be resolved by individual arbitration, and A66 defines what individual arbitration means.
Legal Rights & Agreement Rules · Procedure
Alternative Arbitral Forum Selection
This clause outlines the process for selecting an alternative arbitral forum if JAMS is unavailable or unwilling to arbitrate. If an agreement cannot be reached, either party may request a court to appoint an arbitrator, and any dispute over the arbitration provider will be resolved by a court.
Supporting quotations
If JAMS is not available or willing to arbitrate, you and Netflix will mutually select an alternative arbitral forum. If you and Netflix cannot agree on an alternative arbitral forum, either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitrator. If there is a dispute over which arbitration provider will administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration will be stayed until the court resolves that dispute.
Qualifications & exceptions
If JAMS is not available or willing to arbitrate
Legal Rights & Agreement Rules · Context
Definition of Arbitration
This clause defines "Arbitration" as the resolution of disputes between you and Netflix by a neutral arbitrator, rather than in a court with a judge or jury.
Supporting quotations
“Arbitration” means that any Dispute between you and Netflix will be resolved by a neutral arbitrator in arbitration instead of in a court by a judge or jury.
Legal Rights & Agreement Rules · Context
Definition of Individual Arbitration
This clause defines "Individual" in the context of arbitration, meaning an arbitrator can award remedies to you or Netflix, but only to satisfy individual claims. The arbitrator cannot award relief for the benefit of anyone other than the parties involved in the dispute.
Supporting quotations
“Individual” means that the arbitrator may award the same remedies to you or Netflix as a court could, but only to satisfy your or Netflix’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or Netflix as part of the resolution of any Dispute.
Qualifications & exceptions
only to satisfy your or Netflix’s individual claims
To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or Netflix as part of the resolution of any Dispute.
Legal Rights & Agreement Rules · Context
Definition of Confidential Arbitration
This clause defines "Confidential" arbitration, meaning that all arbitration proceedings, including discovery, hearings, and rulings, will be kept confidential to the fullest extent allowed by law.
Supporting quotations
“Confidential” means that you and Netflix agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, will be confidential to the fullest extent permitted by applicable law.
Qualifications & exceptions
to the fullest extent permitted by applicable law
Legal Rights & Agreement Rules · Procedure
Arbitration Demand Requirements
This clause details the information required when filing a Demand for Arbitration with JAMS, including contact information, a statement of legal claims, a description of the remedy sought, and the signature of the party seeking arbitration. It also specifies where to send the demand to Netflix.
Supporting quotations
You or Netflix may initiate arbitration of any Dispute not resolved by Informal Resolution by filing a Demand for Arbitration with JAMS in accordance with the JAMS Rules. Instructions for filing a demand are available at [https://www.jamsadr.com/submit.](https://www.jamsadr.com/submit) The Demand for arbitration you file with JAMS must include (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases for those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars (any request for injunctive relief or attorneys’ fees will not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. You must send any Demand for arbitration to Netflix at: Netflix, Inc., Attention: Litigation Department, 5808 West Sunset Boulevard, Los Angeles, California 90028. Netflix will send any Demand for arbitration to the contact information that Netflix has on file for you.
data: identifiers
Legal Rights & Agreement Rules · Procedure
Arbitration Procedure and Language
This clause describes the arbitration procedure, stating it will be conducted by a single arbitrator appointed by JAMS, who will be bound by JAMS Rules and the Arbitration Agreement. It also specifies that the arbitration will be in English, all documents must be in English, and translation services are at your expense unless the arbitrator orders otherwise due to financial hardship.
Supporting quotations
The arbitration will be conducted by a single arbitrator appointed according to the JAMS Rules. JAMS will propose arbitrator candidates who have experience resolving disputes of the type asserted in the arbitration demand. The arbitrator will be bound by the JAMS Rules and by the terms of this Arbitration Agreement. You and Netflix agree that the arbitration will be conducted in the English language, all documents must be submitted to the arbitrator in English, and—unless the arbitrator orders otherwise for reasons of financial hardship—any translation services you request will be at your expense.
Qualifications & exceptions
unless the arbitrator orders otherwise for reasons of financial hardship
Legal Rights & Agreement Rules · Procedure
Arbitrator's authority in discovery and motions
This clause grants the arbitrator the power to issue orders for discovery, including subpoenas to third parties, and to rule on motions to resolve claims efficiently, while also noting that high-level officers are generally protected from depositions unless specific conditions are met.
Supporting quotations
The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing you and Netflix to conduct discovery sufficient to allow each party to prepare their claims and/or defenses, taking into consideration both the amount in controversy and the principle that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, you and Netflix agree that the Apex Doctrine applies and therefore precludes depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted. The arbitrator has the authority to grant motions dispositive of all or part of any claim or Dispute and is encouraged to resolve matters as efficiently as possible under the circumstances of the Dispute.
Qualifications & exceptions
to the extent permitted by law
absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted
Legal Rights & Agreement Rules · Procedure
Arbitrator's written decision requirement
This clause states that the arbitrator's decision or award will include a written statement detailing the decision for each claim and the basis for the award, including factual and legal findings, unless both parties agree otherwise.
Supporting quotations
Unless you and Netflix agree otherwise, the arbitrator’s decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Qualifications & exceptions
Unless you and Netflix agree otherwise
Legal Rights & Agreement Rules · Restriction or exception
Arbitrator can only award individual remedies
This clause limits the arbitrator's power to awarding only legal or equitable remedies that are specific to the individual claimant or Netflix, provided these claims are supported by credible evidence.
Supporting quotations
To the fullest extent allowed by applicable law, the arbitrator may award only legal or equitable remedies that are Individual to you or Netflix to satisfy one of our individual claims that the arbitrator determines are supported by credible relevant evidence.
Qualifications & exceptions
To the fullest extent allowed by applicable law
that are Individual to you or Netflix
that the arbitrator determines are supported by credible relevant evidence
Legal Rights & Agreement Rules · Restriction or exception
Arbitration awards are not precedent
This clause clarifies that an arbitration award applies only to that specific case and cannot be used as a precedent in any other case, except for enforcing the award itself. It also states that rulings in other arbitrations involving Netflix do not have a binding effect on disputes between you and Netflix.
Supporting quotations
An arbitration award, and any judgment confirming it, applies only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. For the sake of clarification only, rulings in arbitrations involving Netflix and other persons have no preclusive effect in any arbitration between you and Netflix, and the arbitrator will not give binding effect, as against either you or Netflix, to any decision or award rendered in any other arbitration proceeding involving a different party.
Qualifications & exceptions
except to enforce the award itself
as against either you or Netflix
involving a different party
Legal Rights & Agreement Rules · Procedure
Enforcement of arbitration awards
This clause states that any arbitration decision or award can be enforced as a final judgment by a court with competent jurisdiction, or an application can be made to such a court for judicial confirmation and an order of enforcement.
Supporting quotations
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Qualifications & exceptions
by any court of competent jurisdiction
if applicable
Legal Rights & Agreement Rules · User right or choice
Right to appeal high-value arbitration awards
This clause grants either party the right to appeal an arbitration award to an arbitration appellate panel if the monetary award exceeds $1,000,000, or if the cost of implementing injunctive relief exceeds this amount, or if a request for such relief was declined.
Supporting quotations
If the arbitration yields a monetary award that exceeds $1,000,000 United States Dollars, or a monetary award plus injunctive relief that the losing party demonstrates will cost more than $1,000,000 United States Dollars to implement, or if the arbitration demand included a request for such relief exceeding $1,000,000 United States Dollars that the arbitrator declines to award, either party has the right to appeal the award to an arbitration appellate panel. The notice of appeal must be served in writing on the opposing party within 14 days after the award becomes final. JAMS will administer the appeal consistent with the JAMS Arbitration Appeal Procedures.
Qualifications & exceptions
If the arbitration yields a monetary award that exceeds $1,000,000 United States Dollars, or a monetary award plus injunctive relief that the losing party demonstrates will cost more than $1,000,000 United States Dollars to implement, or if the arbitration demand included a request for such relief exceeding $1,000,000 United States Dollars that the arbitrator declines to award
within 14 days after the award becomes final
Legal Rights & Agreement Rules · Context
Consumer arbitration fees apply to Consumers
This clause specifies that the terms regarding consumer arbitration fees only apply if the user is defined as a 'Consumer' by JAMS Rules or applicable law; otherwise, arbitration costs are determined solely by JAMS Rules.
Supporting quotations
The terms of this section only apply to you if you are a Consumer, as the JAMS Rules and/or applicable law define that term. Otherwise, the payment of arbitration costs will be determined exclusively by the JAMS Rules.
Qualifications & exceptions
if you are a Consumer, as the JAMS Rules and/or applicable law define that term
Otherwise
Legal Rights & Agreement Rules · Restriction or exception
Recovery of fees for bad faith claims
This clause states that if an arbitrator finds a claim, counterclaim, defense, or argument violates Federal Rule of Civil Procedure 11 standards, the other party can seek to recover their reasonable attorneys' fees, costs, and expenses.
Supporting quotations
Any finding by the arbitrator that a claim, counterclaim, defense, or argument violates the standards set forth in Federal Rule of Civil Procedure 11 will allow the other party to seek to recover their reasonable attorneys’ fees, costs, and expenses associated with defending against the claim, counterclaim, defense, or argument.
Qualifications & exceptions
Any finding by the arbitrator that a claim, counterclaim, defense, or argument violates the standards set forth in Federal Rule of Civil Procedure 11
Legal Rights & Agreement Rules · Restriction or exception
Two-year time limit for disputes
This clause establishes a two-year time limit from when a dispute first arose for either party to send a Notice of Dispute, unless applicable law requires a shorter deadline. Failure to meet this deadline bars the dispute from being asserted in any forum.
Supporting quotations
To the fullest extent permitted by applicable law, you or Netflix must send a Notice of Dispute within two years from when the Dispute first arose. If applicable law requires you or Netflix to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to provide a Notice of Dispute within the time frames described in this section will bar the Dispute, which means that you and Netflix will no longer have the right to assert the Dispute in any forum.
Qualifications & exceptions
To the fullest extent permitted by applicable law
within two years from when the Dispute first arose
If applicable law requires you or Netflix to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead
Legal Rights & Agreement Rules · Company practice
Coordinated Cases and fee payment
This clause defines 'Coordinated Cases' as 25 or more disputes with similar claims and common or coordinated counsel. In such cases, Netflix will only pay its share of arbitration fees, with claimants responsible for their share as per JAMS Rules. It also states that Netflix is not obligated to pay fees for cases not allowed by the Arbitration Agreement.
Supporting quotations
If 25 or more Disputes are initiated with JAMS that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Netflix will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the JAMS Rules. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Netflix, but demands for arbitration in Coordinated Cases will only be filed with JAMS as permitted by the bellwether process set forth below. You and Netflix agree that Netflix is not required to pay any fees associated with cases that this Arbitration Agreement does not allow to be filed.
Qualifications & exceptions
If 25 or more Disputes are initiated with JAMS that raise similar claims, and counsel for the claimants are the same or coordinated
Netflix will pay only its share of arbitration fees for Coordinated Cases
as set by the JAMS Rules
that this Arbitration Agreement does not allow to be filed
Legal Rights & Agreement Rules · Procedure
Bellwether process for Coordinated Cases
This clause describes a 'bellwether process' for Coordinated Cases, where a limited number of cases are arbitrated first to test arguments before the remaining claims are filed. It outlines how the number of bellwether cases is determined and how they are selected, noting that this process may delay the resolution of individual claims not chosen as bellwethers.
Supporting quotations
Once all compliant Notices of Dispute have been provided to Netflix for Coordinated Cases, counsel for claimants and counsel for Netflix will confer in good faith regarding the number of cases that should proceed to bellwether arbitrations that will allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen for bellwether arbitrations must be an even number so as to allow each side to designate half of the cases selected. If counsel for claimants and for Netflix do not agree on the number of bellwethers, the number will be chosen by JAMS as an administrative matter (or, in JAMS’ discretion, by a process arbitrator). Factors that JAMS may consider in deciding how many bellwether arbitrations should proceed include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is decided, by agreement or by JAMS, each side will select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with JAMS and proceed through the arbitration process. You agree that, if your case is among Coordinated Cases of which Netflix has been notified, but not chosen as a bellwether, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph will be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Netflix.
Qualifications & exceptions
Once all compliant Notices of Dispute have been provided to Netflix for Coordinated Cases
Any number chosen for bellwether arbitrations must be an even number so as to allow each side to designate half of the cases selected
If counsel for claimants and for Netflix do not agree on the number of bellwethers
if your case is among Coordinated Cases of which Netflix has been notified, but not chosen as a bellwether
Nothing in this paragraph will be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Netflix
Legal Rights & Agreement Rules · Procedure
Arbitrator assignment in bellwether cases
This clause states that a single arbitrator will preside over each Coordinated Case selected for a bellwether proceeding, and only one Coordinated Case will be assigned to each arbitrator as part of this process, unless the parties agree otherwise.
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A single arbitrator will preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise.
Qualifications & exceptions
unless the parties agree otherwise
Legal Rights & Agreement Rules · Procedure
Mediation for Unresolved Disputes
After bellwether trials, Netflix and claimants must attempt to resolve remaining disputes through a single mediation, sharing the costs.
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Once all bellwether trials have concluded (or sooner, if Netflix and counsel for the claimants in Coordinated Cases agree), the parties must make a good-faith effort to resolve all remaining Disputes that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining Disputes. Each side will pay half of the applicable mediation fees.
Qualifications & exceptions
once all bellwether trials have concluded (or sooner, if Netflix and counsel for the claimants in Coordinated Cases agree)
if Netflix and counsel for claimants in Coordinated Cases cannot agree on a mediator within 30 days, JAMS will appoint a mediator
Legal Rights & Agreement Rules · Restriction or exception
Class Action Waiver Exception and Limitations
If a formerly arbitrable dispute is brought to court, claimants may seek class treatment as an exception to the class action waiver, but the class is limited to claimants in Coordinated Cases who provided compliant Notices of Dispute, and Netflix can contest class certification.
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If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment (as the sole exception to the class action waiver provision stated above) but, to the fullest extent allowed by applicable law, the putative classes may comprise only the claimants in Coordinated Cases who provided compliant Notices of Dispute, and Netflix reserves the right to contest class certification at any stage of the litigation and on any available basis.
Qualifications & exceptions
To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons to the same case is impracticable
If a formerly arbitrable Dispute is brought in court
as the sole exception to the class action waiver provision stated above
to the fullest extent allowed by applicable law
the putative classes may comprise only the claimants in Coordinated Cases who provided compliant Notices of Dispute
Netflix reserves the right to contest class certification at any stage of the litigation and on any available basis
Legal Rights & Agreement Rules · Company practice
Court Authority Over Bellwether Process
A court, not an arbitrator, has the authority to enforce the bellwether process and can prevent lawsuits or arbitration demands that do not comply with it.
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A court, not an arbitrator, has the authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Legal Rights & Agreement Rules · User right or choice
Right to Opt Out of Arbitration Agreement
Users have a 30-day right to opt out of the Arbitration Agreement by sending a written notice to Netflix, but they cannot opt out of the separate class action waiver.
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You have the right to opt out of, and not to be bound by, this Arbitration Agreement (but you may not opt out of the separate class action waiver). To opt out, you must notify Netflix in writing no later than 30 days after first becoming subject to this Arbitration Agreement, unless a longer period is required by applicable law.
Qualifications & exceptions
unless a longer period is required by applicable law
but you may not opt out of the separate class action waiver
supports (model-proposed): Opt-Out Notice Requirements — A89 grants the right to opt out of arbitration, and A90 supports this by detailing the opt-out notice requirements.
supports (model-proposed): Effect of Opting Out of Arbitration — A89 grants the right to opt out of arbitration, and A91 supports this by explaining the effect of opting out.
supports (model-proposed): Voluntary Arbitration After Opt-Out — A89 grants the right to opt out of arbitration, and A92 supports this by stating voluntary arbitration is still an option after opting out.
Legal Rights & Agreement Rules · Procedure
Opt-Out Notice Requirements
To opt out, the notice must include specific personal information and a clear statement of intent, sent to a designated email address, and must be sent by the user themselves, not an agent, and can only opt out one user.
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Your opt-out notice must include your name and address, the contact information associated with your Netflix account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to Opt-Out@netflix.com. Any attempt to opt out by any method other than the one listed above will be ineffective. You, rather than an agent or representative, must send your own opt-out notice. The opt-out notice may opt out, at most, only you, and any opt-out notice that purports to opt out multiple users will not be effective as to any of the users. No users (or their agents or representatives) may effectuate an opt-out on behalf of other users.
Qualifications & exceptions
Any attempt to opt out by any method other than the one listed above will be ineffective
You, rather than an agent or representative, must send your own opt-out notice
The opt-out notice may opt out, at most, only you, and any opt-out notice that purports to opt out multiple users will not be effective as to any of the users
No users (or their agents or representatives) may effectuate an opt-out on behalf of other users
Legal Rights & Agreement Rules · Company commitment
Effect of Opting Out of Arbitration
If a user opts out of the Arbitration Agreement, all other parts of the Terms of Use still apply, the opt-out applies to all previous and subsequent versions of the Arbitration Agreement, and Netflix will not be bound by it with respect to disputes with that user.
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If you opt out of this Arbitration Agreement, all other parts of the Terms of Use will continue to apply to you. If you opt out of this Arbitration Agreement, your opt-out also applies to all previous versions of this Arbitration Agreement, and to subsequent versions. If you opt out, Netflix will not be bound by this Arbitration Agreement with respect to Disputes it has with you.
Qualifications & exceptions
If you opt out of this Arbitration Agreement, all other parts of the Terms of Use will continue to apply to you
If you opt out of this Arbitration Agreement, your opt-out also applies to all previous versions of this Arbitration Agreement, and to subsequent versions
If you opt out, Netflix will not be bound by this Arbitration Agreement with respect to Disputes it has with you
Legal Rights & Agreement Rules · Restriction or exception
Voluntary Arbitration After Opt-Out
Even if a user opts out of the Arbitration Agreement, they may still choose to pursue disputes through arbitration, but they must follow all terms of the agreement if they do so.
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Even if you opt out, you may elect voluntarily to pursue Disputes in arbitration, but you must follow all terms of this Arbitration Agreement if you do so.
Qualifications & exceptions
Even if you opt out, you may elect voluntarily to pursue Disputes in arbitration, but you must follow all terms of this Arbitration Agreement if you do so.
If a user does not opt out of the Arbitration Agreement following the provided instructions, they will be bound to arbitrate disputes according to the agreement.
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IF YOU DO NOT OPT OUT FOLLOWING THE INSTRUCTIONS IN THIS PARAGRAPH, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Qualifications & exceptions
IF YOU DO NOT OPT OUT FOLLOWING THE INSTRUCTIONS IN THIS PARAGRAPH, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Legal Rights & Agreement Rules · User right or choice
Opting Out of Future Arbitration Changes
After the initial 30-day opt-out period, users can only opt out of future material changes to the Arbitration Agreement by providing written notice within 30 days of Netflix's notification of those changes.
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Once the 30-day period to opt out expires, you may only opt out of future material changes to the Arbitration Agreement by sending written notice within 30 days after Netflix provides notice of those changes, unless a longer period is required by law.
qualifies (model-proposed): Continued Binding by Accepted Arbitration Agreement — A94 allows opting out of future arbitration changes, which A95 qualifies by stating users remain bound by previously accepted agreements.
Legal Rights & Agreement Rules · Company practice
Continued Binding by Accepted Arbitration Agreement
Users will remain bound by the Arbitration Agreement they previously accepted, even if they opt out of future material changes.
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You will remain bound by the Arbitration Agreement that you previously accepted.
Netflix encourages users to use the Informal Resolution process to resolve disputes amicably, even if they opt out of the Arbitration Agreement.
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We hope and strongly encourage that, in the interest of resolving Disputes amicably and fairly, you will use the Informal Resolution process to resolve Disputes even if you opt out of the Arbitration Agreement.
Qualifications & exceptions
in the interest of resolving Disputes amicably and fairly
even if you opt out of the Arbitration Agreement
Legal Rights & Agreement Rules · Company practice
Arbitration Agreement Survival
The Arbitration Agreement will remain in effect even after the termination of a user's relationship with Netflix, until all applicable statutes of limitations expire.
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This Arbitration Agreement will survive any termination of your relationship with Netflix until the expiration of all applicable statutes of limitations.
Qualifications & exceptions
until the expiration of all applicable statutes of limitations
Legal Rights & Agreement Rules · Restriction or exception
Modification of Arbitration Agreement
Netflix can revise the Arbitration Agreement, but it cannot alter the agreement or its rules for a dispute once it arises if the change would make arbitration procedures materially less favorable to the claimant.
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Although Netflix may revise this Arbitration Agreement in its discretion (as it may modify any of these Terms of Use), Netflix does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant.
Qualifications & exceptions
Although Netflix may revise this Arbitration Agreement in its discretion (as it may modify any of these Terms of Use)
if such change would make arbitration procedures materially less favorable to the claimant
supports (model-proposed): Determination of Unfavorable Changes — A98 states Netflix cannot make unfavorable changes to the arbitration agreement, and A99 supports this by stating JAMS will determine if a change is unfavorable.
Legal Rights & Agreement Rules · Procedure
Determination of Unfavorable Changes
JAMS will decide whether a change to the Arbitration Agreement is materially less favorable to the claimant.
Supporting quotations
The question of whether a change is materially less favorable to the claimant will be decided by JAMS as a process matter.
Legal Rights & Agreement Rules · Restriction or exception
Severability of Arbitration Agreement Provisions
If any provision of the Arbitration Agreement is found invalid, unenforceable, or illegal, that provision will be removed, and the rest of the terms will remain in effect.
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If any provision of this Arbitration Agreement is found invalid, unenforceable, or illegal, then you and Netflix agree that the provision will be severed, and the rest of these terms will remain in effect and be construed as if any severed provision had not been included.
Qualifications & exceptions
If any provision of this Arbitration Agreement is found invalid, unenforceable, or illegal