Inclusion of forced arbitration in Crunchyroll January 2025 TOS update: Difference between revisions

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#''By continuing to use the service they agree to all of the terms''
#''By continuing to use the service they agree to all of the terms''
#''They can opt out of section 14, "Dispute Resolution: Arbitration Agreement and Class Action Waiver" by notifying Crunchyroll in writing''
#''They can opt out of section 14, "Dispute Resolution: Arbitration Agreement and Class Action Waiver" by notifying Crunchyroll in writing''
#''Even if they opt out'' <ref name=":0">[[:File:CrunchyRollTerms 01-30-2025.pdf]]</ref>''of section 14 of the terms, you cannot opt-out of the specific "Class Action Waiver" section - section d.''
#''Even if they opt out'' ''of section 14 of the terms, you cannot opt-out of the specific "Class Action Waiver" section - section d.''


The specific statements provided in the terms on these topics are as follows:<blockquote>"You may opt-out and not be bound by the Arbitration Agreement and Class Action Waiver. To do so, you must notify Crunchyroll in writing no later than thirty (30) days of your acceptance of any update to these Terms of Use or your first use of the Service, whichever is later. Your notice must include your name and address, and the email address you used to set up your Crunchyroll account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Crunchyroll, LLC., ATTN: Arbitration Opt-out, 444 Bush Street, San Francisco, CA 94108; [email protected]. If you do not opt out, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement and Class Action Waiver. If you opt out of the Arbitration Agreement or Class Action Waiver, you or we may exercise your or our right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Disputes under a prior version of this Arbitration Agreement will not apply to claims not yet filed. Crunchyroll will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Arbitration Agreement pursuant to the requirements set forth in that version. If you opt-out of the Arbitration Agreement or Class Action Waiver, Crunchyroll also will not be bound by them. Absent opt out, this Section 14 will survive the termination of your relationship with Crunchyroll."<ref name=":02" /><ref name=":1">[[:File:CrunchyRollTerms 01-30-2025.pdf]]</ref></blockquote>The subtle note about not being able to opt-out of the class-action waiver (section d) that's hidden at the end of section f (Arbitration rules):<blockquote>Opt out of arbitration under this section shall not be construed as opt out of Section 14(d), “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.<ref name=":02" /><ref name=":1" /></blockquote>There is not a similar note about opting-out of the "class action waiver" in the actual section titled "Class Action Waiver"
The specific statements provided in the terms on these topics are as follows:<blockquote>"You may opt-out and not be bound by the Arbitration Agreement and Class Action Waiver. To do so, you must notify Crunchyroll in writing no later than thirty (30) days of your acceptance of any update to these Terms of Use or your first use of the Service, whichever is later. Your notice must include your name and address, and the email address you used to set up your Crunchyroll account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Crunchyroll, LLC., ATTN: Arbitration Opt-out, 444 Bush Street, San Francisco, CA 94108; [email protected]. If you do not opt out, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement and Class Action Waiver. If you opt out of the Arbitration Agreement or Class Action Waiver, you or we may exercise your or our right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Disputes under a prior version of this Arbitration Agreement will not apply to claims not yet filed. Crunchyroll will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Arbitration Agreement pursuant to the requirements set forth in that version. If you opt-out of the Arbitration Agreement or Class Action Waiver, Crunchyroll also will not be bound by them. Absent opt out, this Section 14 will survive the termination of your relationship with Crunchyroll."<ref name=":02" /><ref name=":1">[[:File:CrunchyRollTerms 01-30-2025.pdf]]</ref></blockquote>The subtle note about not being able to opt-out of the class-action waiver (section d) that's hidden at the end of section f (Arbitration rules):<blockquote>Opt out of arbitration under this section shall not be construed as opt out of Section 14(d), “Class Action Waiver.” Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.<ref name=":02" /><ref name=":1" /></blockquote>There is not a similar note about opting-out of the "class action waiver" in the actual section titled "Class Action Waiver"
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===Claims===
===Claims===
''Main claims of the suit.''<ref name=":0" />
''Main claims of the suit.''


===Rebuttal===
===Rebuttal===