The agreement governs access to and use of WBD’s corporate website, including its content, features, software, functionality and related social media handles. WBD includes Warner Bros. Discovery, Inc. and/or its subsidiaries and affiliates. Its appearance in CNN’s linked materials does not expand this stated website scope.
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Welcome to the corporate website for Warner Bros. Discovery, Inc.
Access to and use of this website, including any content, features, software, functionality and related social media handles (collectively, the “Website), is provided by Warner Bros. Discovery, Inc. and/or its subsidiary and affiliated entities (“WBD,” “us” or “we”) subject to the following terms (collectively, the “Visitor Agreement”).
Legal Rights & Agreement Rules · Procedure
Accessing or using the website signifies agreement
The text says accessing or using the website binds you to this agreement and asks you to discontinue use if you disagree. It highlights arbitration, no class relief, warranty disclaimers, liability limits, indemnity and jury-trial waiver; the detailed dispute terms contain their own conditions and exceptions.
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BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS VISITOR AGREEMENT. PLEASE DISCONTINUE USE OF THE WEBSITE IF YOU DO NOT AGREE.
PLEASE READ THIS VISITOR AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY TO US, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Legal Rights & Agreement Rules · Context
The WBD Privacy Policy is incorporated by reference
The agreement incorporates the linked WBD Privacy Policy and says website access or use acknowledges that you have read it. This source does not supply that policy’s data-handling terms; this card describes incorporation only.
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In addition to this Visitor Agreement, our Privacy Policy describes how we use personal information.
and is incorporated by reference into this Visitor Agreement. By accessing and/or using the Website, you acknowledge that you have read the WBD Privacy Policy.
Not stated here
The linked Privacy Policy is outside this assigned source and is not analyzed here.
Legal Rights & Agreement Rules · Context
An unenforceable provision can be separated from the rest
If a court determines a provision is unlawful, void or unenforceable, the agreement says it is severable and does not affect the remaining provisions’ validity and enforceability.
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If any provision of this Visitor Agreement is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from this Visitor Agreement and shall not affect the validity and enforceability of any remaining provisions.
Legal Rights & Agreement Rules · Restriction or exception
No impersonation, unlawful encouragement or export-law violations
The restrictions prohibit encouraging violations of local, state or federal civil or criminal law, impersonating another user, person or entity, and violating U.S. export laws. The export statutes and regulations are named, but their substantive requirements are not supplied here.
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(viii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
(ix) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
Legal Rights & Agreement Rules · Procedure
Counter-notification includes consent to federal-court jurisdiction and service
A counter-notice must give your name, physical address and telephone number and consent to federal-district-court jurisdiction where your address is located. If your address is outside the United States, consent instead concerns any district where WBD may be found. You must agree to accept service from the original infringement complainant or its agent.
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Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Legal Rights & Agreement Rules · Restriction or exception
You bear responsibility for using third-party links
WBD disclaims endorsement, warranties and responsibility for opinions, advice and statements except those made by authorized employees or spokespersons acting officially. It says you assume sole responsibility for third-party links, disclaims responsibility for linked sites’ accuracy, copyright compliance, legality, decency and other aspects, and disclaims loss or damage from dealings with third parties or their sites.
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The Website may include third party links as well as content posted by a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities. You assume sole responsibility for your use of third-party links. WBD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of these third-party sites and WBD is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Legal Rights & Agreement Rules · Restriction or exception
Using the website warrants legal capacity to contract
By using the website you warrant sufficient age and mental capacity and that you are otherwise entitled to be legally bound by the agreement. This clause does not state a numerical minimum age.
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By using the Website, you warrant that you have legal capacity to enter into the Visitor Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Legal Rights & Agreement Rules · Procedure
Revised general terms take effect when posted
WBD reserves the right to change the agreement or website at any time. Material agreement changes are communicated by posting the revised agreement for review, with the last-modified date at its end. The general clause makes revisions effective when posted and treats continued use after effectiveness as agreement to them. The arbitration agreement has its own provision on future arbitration changes.
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We reserve the right to modify this Visitor Agreement or change any part of the Website at any time. We will communicate material changes to this Visitor Agreement by making the revised Visitor Agreement available for your review on the Website. The date that this Visitor Agreement was last modified can be found at the end of this Visitor Agreement. The modified Visitor Agreement will become effective and govern your use of the Website upon the date and time they are posted to the Website. By continuing to use the Website after any revised Visitor Agreement comes into effect means you agree to be bound to the changes.
Cross-references
has exception (model-proposed): You may reject future arbitration changes within 30 days — The specific 30-day procedure lets a user reject future arbitration changes other than notice-address changes, despite the general posted-amendment acceptance clause. It does not opt out of arbitration altogether.
Legal Rights & Agreement Rules · Procedure
Unresolved disputes are directed toward arbitration or small claims
WBD asks users to contact Fan Relations with customer concerns. If customer service and the informal dispute-resolution process cannot resolve a dispute, each party agrees to binding arbitration or small claims court rather than a general-jurisdiction court, subject to the detailed dispute terms and their exceptions.
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We endeavor to resolve customer concerns as quickly as possible.
In the unlikely event that you’re not satisfied with customer service’s solution, and you and WBD are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.
Skipping the mandatory informal process can stop arbitration
Completing the mandatory notice and informal process is a condition of starting arbitration. A court may enjoin an arbitration if any requirement is unmet. Unless prohibited by law, the administrator may not accept or administer such a case or assess or demand its fees; a pending case must be administratively closed. A party can still seek arbitration damages for noncompliance with these procedures.
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Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration.
If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
Limitations and filing-fee deadlines pause during the informal process
The arbitration procedure says applicable limitation periods and filing-fee deadlines are tolled while the parties engage in its mandatory informal process. The separate one-year claim deadline describes 60 days of tolling after receipt of a dispute notice and possible further extension for mass filings. The deck preserves these distinct formulations without assuming one erases the other.
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Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Arbitration Agreement.
If you or we provide notice of a dispute, the one-year period is tolled for 60 days following receipt of the notice of dispute (although for the sake of clarity, it may be further extended if your dispute, claim or controversy is part of a mass filing as contemplated in Subsection (9) of the Arbitration Agreement).
NAM administers arbitration under its applicable rules as modified here
NAM administers arbitration under its applicable rules, including comprehensive and/or mass-filing rules as relevant, modified by this arbitration agreement. If NAM is unavailable or unwilling, the parties choose another provider or, if they cannot agree, a court selects one under the cited 9 U.S.C. §5. Rules are available at NAMADR.com, by calling 1-800-358-2550 or by writing to the notice address; a demand form is linked or obtainable from NAM. The linked rules and form are not supplied in this source, so their additional contents are unknown here.
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The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”)
as modified by this Arbitration Agreement, and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.com, by calling NAM at 1-800-358-2550, or by requesting them in writing at the Notice Address.
Not stated here
Additional NAM rules and demand-form contents are outside this assigned source.
Legal Rights & Agreement Rules · Procedure
The demand must personally certify completed informal procedures
The initiating party must certify completion of the mandatory pre-arbitration notice and informal procedures and that it is a party to the arbitration agreement enclosed with or attached to the demand. Both the demand and certification require the initiating party’s personal signature and counsel’s signature if represented.
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You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in the Arbitration Agreement and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
Legal Rights & Agreement Rules · Procedure
Courts decide arbitration scope and enforceability
The arbitrator decides issues except those expressly reserved elsewhere and questions about the arbitration agreement’s scope or enforceability or whether a dispute can or must be arbitrated, including which arbitration provision applies. Those questions belong to a competent court. Decisions in different customers’ arbitrations may be considered but do not bind the arbitrator.
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All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to this Arbitration Agreement or a previous arbitration provision between you and WBD), which are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.
Hearings generally require in-person attendance near your billing address
Unless both parties agree otherwise or applicable NAM rules provide otherwise, hearings take place in the county or parish of your billing address, with you and a WBD representative attending in person. The clause states a billing-address location without specifying a substitute if you have none.
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Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place in the county (or parish) of your billing address and you and a WBD representative will be required to attend in person.
The award must explain its reasoning and binds only these parties
The arbitrator must issue a reasoned written decision explaining the essential findings and conclusions. The decision binds only you and WBD and has no preclusive effect in a proceeding involving a different party. An award that has been fully satisfied must not be entered in court.
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At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and WBD and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Legal Rights & Agreement Rules · Restriction or exception
Counsel must certify proper claims and sanctions may be imposed
Counsel initiating and proceeding in arbitration certify compliance with Federal Rule of Civil Procedure 11(b), including that claims and requested relief are not frivolous or brought for an improper purpose. The arbitrator may impose sanctions under NAM rules, Rule 11 or applicable federal or state law against appropriate represented parties and counsel. The cited external standards are not independently interpreted here.
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As in court, you and WBD agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Legal Rights & Agreement Rules · Procedure
Coordinated similar claims by 25 or more claimants trigger mass-filing procedures
The added process applies when at least 25 claimants, including you, submit notices or seek arbitration of similar claims against the other or related parties through the same or coordinated counsel or entities, consistently with NAM’s mass-filing criteria. Counsel must meet and confer about modifications appropriate to the filing. Participation can delay adjudication. The linked NAM definition and criteria are not reproduced here, and the staged process still uses individual arbitrations.
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If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures
you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed.
Not stated here
NAM’s additional mass-filing criteria are outside this source.
Compliant mass-filing notices pause deadlines until specified events
Applicable limitation periods and filing-fee deadlines are tolled from initiation of the mandatory notice and informal process, provided the notice meets the agreement’s requirements. For your claim, tolling lasts until it is selected for the staged process, settled, withdrawn, otherwise resolved or opted out of arbitration. It is not an unconditional pause for every coordinated claim.
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Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in the Arbitration Agreement, until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Cross-references
qualifies (model-proposed): Claims generally must be filed within one year, subject to tolling — A compliant mass-filing notice tolls deadlines until the stated selection, resolution, withdrawal or opt-out events, qualifying the general one-year filing limit and its 60-day notice extension.
Stage One selects 50 claims, then requires global mediation
Claimants’ counsel and WBD’s counsel each select 25 claims, 50 total, for individual arbitrations. Each gets a different single arbitrator unless both sides agree otherwise in writing. Other claims are neither filed nor deemed filed and incur no arbitration fees until selected. After this initial set finishes, the parties must promptly mediate all remaining claims with a retired federal or state judge; WBD pays the mediator. The stated stage size is not a promise that every claim proceeds immediately.
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Stage One: Counsel for the claimants and counsel for WBD shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and WBD shall pay the mediator’s fee.
Legal Rights & Agreement Rules · Procedure
Unresolved claims move to a 100-claim second stage and another mediation
If claims remain unresolved, each side’s counsel selects 50, 100 total, for Stage Two, subject to written procedural changes agreed by the parties. Each individual arbitration gets a different single arbitrator unless otherwise agreed in writing. Unselected claims remain unfiled and do not incur arbitration fees until selection. After this set finishes, the parties must promptly mediate the remaining claims with a retired federal or state judge, at WBD’s expense for the mediator.
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Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for WBD shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and WBD shall pay the mediator’s fee.
Legal Rights & Agreement Rules · Procedure
Stage Three selects 200 claims and permits an elective mediation
If claims remain unresolved, each side’s counsel selects 100, 200 total, for individual arbitrations in Stage Three, subject to written procedural changes agreed by the parties. Unselected claims remain unfiled and incur no arbitration fees until selected. Afterward, claimants’ counsel may elect global mediation of remaining claims with a retired federal or state judge. Unlike the first two stages, this paragraph does not expressly assign that mediator’s fee to WBD or repeat the different-arbitrator requirement.
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Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for WBD shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
Legal Rights & Agreement Rules · User right or choice
After Stage Three, either side can elect court for an unresolved claim
If your claim remains unresolved after the specified staged process, you and WBD may independently or jointly opt it out of arbitration for court under the agreement. You must personally email notice@wbd.com with an individualized, personally signed opt-out notice within 30 days after Stage Three or its elective mediation concludes; an agent or attorney cannot send it. WBD can send an individualized, personally signed notice to your counsel within 14 days after your 30-day period expires. Counsel may agree to adjust the deadlines. Otherwise the alternative is continuing staged individual arbitration.
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If your claim is not resolved as part of the staged process identified above, either:
Option One: You and WBD may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by sending WBD an email to notice@wbd.com. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. WBD may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.
Option Two: If neither you nor WBD elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below.
Cross-references
exception to (model-proposed): Broad arbitration has bodily-injury and intellectual-property exceptions — For claims unresolved after Stage Three and any elective associated mediation, the specified personal notices and deadlines permit a claim-specific court election; this is distinct from rejecting future arbitration amendments.
Without a court election, remaining claims continue in staged individual arbitrations
After the first three stages, if neither party elects court under Option One, claims continue in staged individual arbitrations. If more than 200 remain, 200 are randomly selected or selected by a process counsel agree on; if fewer than 200 remain, all proceed. Unselected claims remain unfiled and incur no arbitration fees until selection. After each set is resolved, the process repeats. Counsel are encouraged to work with one another and NAM on mediation, efficiency, increased throughput and resolution. The paragraph separately states the more-than-200 and fewer-than-200 cases without expressly specifying an exactly-200 case; this card does not supply missing wording.
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Option Two: If neither you nor WBD elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters.
Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
Not stated here
The text does not separately specify the exactly-200 remaining-claims case.
Cross-references
qualified by (model-proposed): A court can enforce mass-filing rules or hear a claim if those rules fail — A court may enforce the staged process and enjoin contrary filings or fees. If that process is unenforceable for a claim, the claim goes to court under the agreement rather than necessarily continuing in staged arbitration.
A court can enforce mass-filing rules or hear a claim if those rules fail
A competent court may enforce the mass-filing provisions and, if necessary, enjoin mass arbitration filing, prosecution, administration or fee assessment. If the provisions apply to your claim but a court finds them unenforceable for it, that claim proceeds in a competent court consistently with the agreement.
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A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.
Legal Rights & Agreement Rules · Restriction or exception
Both sides promise good-faith compliance with mass-filing procedures
You and WBD agree to act in good faith to follow these procedures. The agreement describes the process as designed for efficient, fair resolution of genuine disputes; that statement is the parties’ contractual characterization, not an independent finding about fairness or speed.
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You and WBD agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and WBD acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
Legal Rights & Agreement Rules · Context
Invalid arbitration terms may be severed and replaced where possible
If part of the arbitration agreement is void, invalid or unenforceable, it is severable and, where possible, replaced by a valid provision matching its intent as closely as possible. The remainder continues under its terms. This general rule coexists with the specific court fallbacks for unenforceable individual-relief and mass-filing restrictions.
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(10) Severability: If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
Legal Rights & Agreement Rules · Restriction or exception
The class waiver covers both court and arbitration, with stated exceptions
To the fullest extent permitted by law, each party may pursue claims only individually, not as a plaintiff, claimant or class member in class, collective, consolidated, private-attorney-general or representative proceedings, including proceedings brought by third parties. The text excepts bringing an individual claim for someone who cannot bring their own in a parent, guardian, ward or similar capacity, and expressly permits participation in class-wide settlements. These exceptions do not promise a right to class arbitration.
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You and WBD agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and WBD may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and WBD may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or WBD may participate in a class-wide settlement.
Legal Rights & Agreement Rules · Restriction or exception
Both sides waive jury trial to the fullest lawful extent
You and WBD waive the right to a jury trial to the fullest extent permitted by law. The wording is a contractual waiver, not a determination of enforceability in a particular case.
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To the fullest extent permitted by law, you and WBD waive any right to a jury trial.
Legal Rights & Agreement Rules · Procedure
New York law and New York County courts are selected
The agreement selects New York state law without conflict-of-law principles. It requires disputes not subject to arbitration, arbitrability questions and enforcement issues under the dispute or arbitration clauses to be brought in appropriate state or federal courts in New York County, New York. Both sides consent to exclusive jurisdiction and venue there for non-arbitral claims. Arbitration hearing location is addressed separately.
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This Visitor Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration, or any issues involving arbitrability or enforcement of any provisions under the dispute resolution clause or Arbitration Agreement shall be brought in the appropriate state or federal court located in New York County, New York; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.
Legal Rights & Agreement Rules · Restriction or exception
Claims generally must be filed within one year, subject to tolling
Subject to the dispute-resolution clause and applicable law, website-, agreement- or relationship-related claims must commence within one year of the relevant events. Commencement means filing in arbitration or, for non-arbitrable disputes, a competent court. A dispute notice pauses that period for 60 days after receipt; mass filings may extend it further. The separate mass-filing clause tolls applicable deadlines from a compliant notice until the claim is selected, resolved, withdrawn or opted out. The separate informal-process clause also addresses tolling while that process proceeds.
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Subject to the dispute resolution clause, and to the extent permitted by applicable law, any dispute, claim or controversy arising out of or relating in any way to the Website or your use of the Website and/or this Visitor Agreement, or the relationship between you and WBD, must be commenced within one year of the relevant events. A dispute is commenced if it is filed in an arbitration or, if the dispute is non-arbitrable, a court of competent jurisdiction, during the one-year period. If you or we provide notice of a dispute, the one-year period is tolled for 60 days following receipt of the notice of dispute (although for the sake of clarity, it may be further extended if your dispute, claim or controversy is part of a mass filing as contemplated in Subsection (9) of the Arbitration Agreement).
Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in the Arbitration Agreement, until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Cross-references
qualified by (model-proposed): Compliant mass-filing notices pause deadlines until specified events — A compliant mass-filing notice tolls deadlines until the stated selection, resolution, withdrawal or opt-out events, qualifying the general one-year filing limit and its 60-day notice extension.
Legal Rights & Agreement Rules · Restriction or exception
The website is offered as-is with broad warranty disclaimers
You agree that website use is at your sole risk and that the website and its content are supplied as-is, as-available and with all faults. To the fullest lawful extent, WBD and the listed related people and entities disclaim express and implied warranties, including suitability for your needs; availability, accuracy, security, timeliness and usefulness; title, noninfringement, merchantability and fitness; advertised or accessed goods and services; reliable results; uninterrupted or error-free use; correction of software defects; and freedom from viruses or other harmful components.
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YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WBD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
(1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR THE WEBSITE CONTENT, AS APPLICABLE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED, TIMELY OR ERROR-FREE; (7) WARRANTIES THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (8) WARRANTIES THAT THE WEBSITE (OR THE SERVER THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Legal Rights & Agreement Rules · Restriction or exception
WBD disclaims website damages and caps remaining liability at amounts paid
The agreement seeks to exclude damages arising from website use, including consequential, special, incidental, indirect or similar damages even if WBD was warned. It says some states do not allow exclusions or limits for certain damages, so the restriction may not apply and liability there is limited to the fullest extent state law permits. For legal claims connected with the website, it also caps any liability of WBD, its affiliates, agents and licensors at the amount, if any, you paid WBD to use the website. These are the contract’s stated restrictions, not a finding that every restriction is enforceable.
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UNDER NO CIRCUMSTANCES WILL WBD OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE WBD AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF, WBD AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO WBD FOR THE USE OF THE WEBSITE.
Legal Rights & Agreement Rules · Restriction or exception
The agreement restricts equitable relief that would limit website access
You agree that damages arising from the agreement are not irreparable and are insufficient to justify an injunction or other equitable relief restricting the availability of, or anyone’s access to, any website portion. This provision specifically concerns relief limiting website access; it should be read alongside the arbitration provision’s separate, limited allowance for individual declaratory or injunctive relief.
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YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS VISITOR AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE WEBSITE.
(7) Requirement of Individualized Relief: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Cross-references
contrast (model-proposed): Arbitral declaratory and injunctive relief is limited to individual need — Arbitration permits relief limited to an individual claim, while the liability section specifically restricts equitable relief that would limit website availability or access. The deck preserves both scopes without treating either as an unconditional promise or ban on every injunction.
Legal Rights & Agreement Rules · Restriction or exception
You undertake broad defense and indemnity duties
You agree to indemnify, defend and hold harmless WBD, its affiliates and their officers, directors, employees, agents, licensors and suppliers against losses, expenses, damages and costs, including reasonable attorney fees, connected with your website or content access/use, any actual or alleged violation or breach, or your acts or omissions. You must cooperate fully in defending covered claims. The violation-or-breach limb is stated without specifying its object; this card does not add one or limit the clause to third-party claims.
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You agree to indemnify, defend and hold harmless WBD, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website or Website Content; (ii) any actual or alleged violation or breach; or (iii) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Legal Rights & Agreement Rules · Restriction or exception
Outside-U.S. access is at your initiative and subject to local law
WBD says it is based in New York, United States, and makes no claim that the website or content is accessible, appropriate or available outside the United States. If you access from elsewhere, you do so on your own initiative and at your risk and must comply with applicable local law. You specifically agree to follow applicable laws on exporting technical data from the United States or your country of residence. This is not an express blanket ban on non-U.S. access.
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WBD is based in the state of New York in the United States. WBD makes no claims that the Website or any Website Content therein is accessible, appropriate or available for use outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Legal Rights & Agreement Rules · Context
Additional terms prevail only for the feature they govern
Certain website features may require acceptance of additional terms. If those conflict with this agreement, they prevail only for your use of the particular feature to which they apply. Their substantive contents are not supplied in this source; the clause does not replace all website terms.
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You may have to accept additional terms and conditions in order to use certain features offered through the Website. If there is a conflict or inconsistency between those additional terms and this Visitor Agreement, those additional terms will prevail solely with respect to your use of the particular feature to which they apply.
Not stated here
No feature-specific additional agreement is supplied for analysis.
Legal Rights & Agreement Rules · Restriction or exception
WBD excludes liability for delay or failure caused by events beyond its control
WBD disclaims liability to you for delay or failure to perform agreement obligations caused by force majeure. Listed causes include natural disasters, fire or casualty, unanticipated work stoppages, power or satellite failure, strikes or other labor disputes, civil disturbances, war, public-health emergencies, epidemics, pandemics, national emergencies, government action and other causes beyond its control. The stated trigger is the event causing the delay or failure.
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WBD shall not have any liability to you by reason of any delay or failure to perform any obligation under this Visitor Agreement if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our control.
Legal Rights & Agreement Rules · Context
Terms that contemplate continued compliance survive termination
Provisions that by their nature contemplate your continued observance remain effective after termination of this agreement. The clause does not give an exhaustive list. The arbitration agreement separately states that it survives termination.
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Any provision herein which by its nature contemplates your continued observance following termination of this Visitor Agreement will survive termination of this Visitor Agreement.
This Arbitration Agreement shall survive termination of this Agreement.
The stored agreement states a March 24, 2023 update date
This version states that it was last updated March 24, 2023. This is the date printed in the assigned stored agreement, not a claim that its terms were checked against the publisher’s current page.
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Last updated March 24, 2023.
Legal Rights & Agreement Rules · Context
Arbitration uses a neutral decision-maker with limited court review
The agreement describes arbitration as using a neutral arbitrator instead of a judge or jury, with more limited discovery and very limited court review. Subject to express limits in the arbitration provision, arbitrators may award the same damages and relief as courts. Recovering attorney fees may be possible to the same extent as in court, but the settlement-offer rule can shift post-offer costs, including attorney fees, or stop their accumulation where shifting is prohibited.
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Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award.
In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.
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.
Legal Rights & Agreement Rules · Restriction or exception
Broad arbitration has bodily-injury and intellectual-property exceptions
To the fullest extent permitted by applicable law, you and WBD agree to arbitrate disputes and claims broadly. Claims arising from bodily injury and claims concerning enforcement, protection or validity of your or WBD’s intellectual-property rights, including rights of WBD licensors, affiliates and partners, are excepted. Either party may also elect qualifying individual small claims, and agency complaints remain possible. A court decides arbitration-scope and enforceability issues.
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(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, WBD and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners).
Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to this Arbitration Agreement or a previous arbitration provision between you and WBD), which are for a court of competent jurisdiction to decide.
Cross-references
narrows (model-proposed): Unresolved disputes are directed toward arbitration or small claims — The broad direction to arbitration or small claims must retain the stated bodily-injury and intellectual-property exceptions, agency complaints and court role on arbitrability.
has exception (model-proposed): After Stage Three, either side can elect court for an unresolved claim — For claims unresolved after Stage Three and any elective associated mediation, the specified personal notices and deadlines permit a claim-specific court election; this is distinct from rejecting future arbitration amendments.
Arbitration includes earlier, later and varied relationship claims
Subject to the arbitration exceptions, covered claims include those concerning any aspect of the relationship under contract, tort, fraud, misrepresentation or other statutory or common-law theories; claims predating this or earlier agreements, including advertising claims; and claims arising after termination. Mental or emotional injury claims not arising from physical bodily injury are included. It also includes claims in purported class litigation where you are not in a certified class.
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claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
claims that arose before this or any prior Visitor Agreement (including, but not limited to, claims relating to advertising);
claims for mental or emotional distress or injury not arising out of physical bodily injury;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Visitor Agreement.
Legal Rights & Agreement Rules · Context
Arbitration’s party definitions extend beyond WBD and the direct user
For arbitration, the party terms include respective predecessors, successors, assigns and past, present and future parents, subsidiaries and affiliates; their specified agents, employees, licensees, licensors and content providers when a claim arises; and authorized or unauthorized users or beneficiaries under this or earlier agreements. These expanded definitions belong to arbitration, rather than defining every website obligation.
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References to “WBD,” “you,” “we” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates (including Warner Bros. Discovery, Inc. and its affiliates); those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration generally requires individual claims and waives jury and class participation
The agreement says arbitration is individual and waives class participation and jury trial to the fullest extent permitted by law. Detailed terms restrict class, representative and private-attorney-general proceedings and relief benefiting others; consolidation requires both parties’ agreement. If specified prohibitions are ultimately unenforceable for a claim or requested relief, that matter goes to court after the other arbitrable matters, rather than becoming class arbitration. The separate general waiver permits class-wide settlements and an individual claim brought for someone unable to bring their own in a parent, guardian, ward or similar capacity; these are not a promise of class arbitration.
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Any arbitration under this Visitor Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
You agree that, by entering into this Agreement, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.
You and WBD agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and WBD may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and WBD may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or WBD may participate in a class-wide settlement.
Cross-references
qualified by (model-proposed): The class waiver covers both court and arbitration, with stated exceptions — The broader waiver expressly preserves class-wide settlements and individual representation for a person unable to bring their own claim. These qualifications do not turn the individual arbitration process into class arbitration.
Federal arbitration law governs and the arbitration clause survives termination
The text identifies interstate commerce and the Federal Arbitration Act, 9 U.S.C. §§ 1–16, as governing interpretation and enforcement of the arbitration provision. It also says the arbitration agreement survives termination. This reports the contract’s choice without interpreting the external statute.
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This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of this Agreement.
An individualized signed notice comes before arbitration or small claims
A party intending arbitration or small claims must first send a written Notice of Dispute. Your notice to WBD must be emailed to notice@wbd.com and concern only your dispute. It must include your name, address and email; the claim’s nature and basis; relevant website-use facts including accounts or newsletters; specific relief and a detailed calculation of any damages; and your personally signed accuracy verification, rather than counsel’s signature.
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Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (“Notice”). A Notice from you to WBD must be emailed to notice@wbd.com (“Notice Address”). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Website, including whether you have created an account with or receive any newsletters associated with the Website; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
Legal Rights & Agreement Rules · Procedure
The informal process generally requires 60 days and personal conference attendance if requested
After a completed notice is received, both parties must try in good faith to resolve the dispute for 60 days, extendable by agreement. The recipient may request an individualized phone or video settlement conference, which can occur after those 60 days; both parties must personally attend, with counsel if represented, and cooperate on prompt mutually convenient scheduling. If unresolved after 60 days or an agreed longer period, arbitration or qualifying small claims may begin, subject to completing the mandatory process.
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After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Arbitral declaratory and injunctive relief is limited to individual need
The arbitrator may award declaratory or injunctive relief only for the individual seeking it and only as necessary for that individual claim. The clause also restricts class, representative and private-attorney-general claims to the fullest lawful extent and permits consolidation only if both parties agree. If a specified prohibition is finally unenforceable for a particular claim or relief request, that matter is decided by a competent court after other arbitrable matters are resolved. The separate general waiver permits class-wide settlements and individual claims brought in a parent, guardian, ward or similar capacity for a person unable to sue for themselves; it does not promise class arbitration.
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(7) Requirement of Individualized Relief: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.
You and WBD agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and WBD may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and WBD may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or WBD may participate in a class-wide settlement.
Cross-references
contrast (model-proposed): The agreement restricts equitable relief that would limit website access — Arbitration permits relief limited to an individual claim, while the liability section specifically restricts equitable relief that would limit website availability or access. The deck preserves both scopes without treating either as an unconditional promise or ban on every injunction.
These arbitration terms replace earlier WBD arbitration terms
The agreement says arbitrations between you and WBD are governed by this arbitration agreement and that it amends any prior WBD arbitration agreement, including for claims arising before this or earlier arbitration agreements. Courts retain the stated role in deciding which provision applies.
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You agree that any arbitrations between you and WBD will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with WBD, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with WBD, including with respect to claims that arose before this or any prior arbitration agreement.
Legal Rights & Agreement Rules · User right or choice
You may reject future arbitration changes within 30 days
Despite contrary provisions, you may reject a future arbitration change, except a change to the notice address, by personally emailing notice@wbd.com within 30 days after the amendment is posted. Include full legal name, complete mailing address, phone number, any applicable account or newsletter username or email, and approximate first website-use date, plus your personally signed statement rejecting the change. An agent or attorney cannot send it for you. This rejects the change, not arbitration altogether.
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(8) Opt Out of Future Changes: Notwithstanding any provision to the contrary, if WBD makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending WBD an email to notice@wbd.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) if applicable, the username or email address associated with any potential account or newsletter; and (v) the approximate date of your initial use of the Website. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt out of arbitration altogether.
Cross-references
exception to (model-proposed): Revised general terms take effect when posted — The specific 30-day procedure lets a user reject future arbitration changes other than notice-address changes, despite the general posted-amendment acceptance clause. It does not opt out of arbitration altogether.