Charges & Financial Obligations · Restriction or exception
Advertising and donation solicitations need written approval
You may not use the website or its content to advertise, solicit purchases or sales, or solicit donations without WBD’s express written approval, subject to permissions expressly given in the agreement.
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(xi) use the Website or Website Content to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
Charges & Financial Obligations · Restriction or exception
Each side generally bears its attorney fees, subject to exceptions
Subject to express arbitration limits, the arbitrator may grant court-available relief, including fees and costs, under applicable law. Unless applicable law provides otherwise, each party bears its own attorney fees and costs unless sanctions are awarded or the claim, defense or requested relief is found frivolous or improper under the stated Rule 11(b) standard. Other express provisions include settlement-offer cost consequences. Administrator, arbitrator and hearing fees have a separate fee-waiver and cost-prohibition procedure.
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Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Cross-references
contrast (model-proposed): A rejected settlement offer can trigger post-offer costs — The general rule that parties bear their own attorney fees is subject to express exceptions. A defending party’s settlement offer can impose post-offer costs including attorney fees, or stop cost accumulation when shifting is prohibited. These provisions pull differently on cost exposure without requiring a misconduct finding for the offer rule.
Charges & Financial Obligations · Company commitment
WBD may cover prohibitive arbitration fees after available waivers
Applicable NAM rules govern filing, arbitrator and hearing fees unless you qualify for a legal fee waiver. After potentially available waivers are exhausted, if the arbitrator finds arbitration fees prohibitive compared with litigation, WBD pays the portion the arbitrator considers necessary to avoid prohibitive cost, regardless of outcome. That promise does not apply if your claims are found frivolous, improper or in bad faith. Either party may ask NAM about reduced or deferred fees. These are administrator-related fees, separate from attorney fees and settlement-offer cost consequences.
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(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
Charges & Financial Obligations · Restriction or exception
A rejected settlement offer can trigger post-offer costs
A defending party may make a written settlement offer before the evidentiary hearing or before a permitted dispositive motion is granted. The arbitrator must not learn its amount or terms until after awarding the claim. If the other party wins less than the offer, or the defending party wins, the other party must pay the defense’s costs incurred after the offer, including attorney fees. If statute or case law prohibits that cost shift, the offer instead stops further accumulation of costs recoverable by the claimant under its cause of action.
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(6) Offer of Settlement: In any arbitration between you and WBD, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
Cross-references
contrast (model-proposed): Each side generally bears its attorney fees, subject to exceptions — The general rule that parties bear their own attorney fees is subject to express exceptions. A defending party’s settlement offer can impose post-offer costs including attorney fees, or stop cost accumulation when shifting is prohibited. These provisions pull differently on cost exposure without requiring a misconduct finding for the offer rule.