ROOT SPORTS APP- Terms of Service, End User License Agreement and Privacy Statement

January 1, 2020 Uncategorized

Effective 1/1/2020

TERMS OF USE AND PRIVACY STATEMENT

Welcome to AT&T SportsNet!

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THE WEB SITE AND/OR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

1.) Disclaimer

Your access to and use of the Web Site and Service(s) provided by AT&T SportsNet and its affiliated companies (the “Company” or “AT&T SportsNet”), and any third-party material accessed therefrom, including any purchases of products and service(s) (the “Service(s)”) sold via the Web Site, is exclusively governed by these Terms of Use. BY ACCESSING OR USING OUR WEB SITE AND/OR SERVICE(S), YOU ACCEPT AND AGREED TO BE BOUND BY THESE TERMS OF USE AS THE COMPANY MAY MODIFY THEM FROM TIME TO TIME. The data contained in our Web Site and/or Service(s) is for entertainment, educational and informational purposes only and is not represented to be error free. The Company attempts to ensure that the data provided or otherwise displayed on our Web Site and/or Service(s) is accurate. However, the Web Site and/or Service(s) and its contents are provided on an “as is, as available” basis. Use of the Web Site and/or Service(s) and its contents is at the user’s sole risk. The Company does not warrant that any functions of the Web Site and/or Service(s) will be uninterrupted or error-free, that defects will be corrected, or that the Web Site and/or Service(s) will be free from viruses or other harmful components. Any links to information not associated with the Company are provided as a courtesy and do not constitute an endorsement by the Company or its licensors as to any linked materials. Except as specified in Section 11 (Dispute Resolution), if any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected.

2.) Modifications

The Company may at any time make modifications, changes and alterations to the data of our Web Site and Service(s), including the Terms of Use, without prior notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of our Web Site and/or Service(s) following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations.

3.) Intellectual Property Statement

All content of our Web Site and Service(s) is the copyrighted material of the Company or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. The Web Site and Service(s) include content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Company or other third parties. Except as set forth in the relevant license agreements, nothing contained in our Web Site and/or Service(s) grants any license or other right to any the Company’s intellectual property or any third party’s intellectual property. The appropriate party reserves all right, title and interest to its intellectual property on or associated with the Web Site and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the content of our Web Site and/or Service(s) without obtaining the written permission of the Company.

4.) Applicable Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 11 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in New York County, New York; and we both 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 claim.

5.) Communication

As part of the Web Site and/or Service(s) you agree that you may receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of any such communication, you will have the option to opt-out or unsubscribe.

6.) Disclaimer of Warranties

YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. THE COMPANY AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND/OR SERVICE(S) AND YOUR USE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEB SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEB SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR THE SERVICE(S). THE COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEB SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

7.) Limitation of Liability and Time Limitation for Claims

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY’S USE OF THE WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND THE COMPANY’S AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, 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 WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 12 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

8.) Guidelines for Children

It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. By accessing the Web Site and/or Service(s), you affirm that you are more than 18 years old, are an emancipated minor, or have the consent of your parents or legal guardian and, therefore, are fully capable and competent to abide by and enter into the agreements and obligations set forth in these Terms of Services. Otherwise, you further affirm that you are at least 13 years old as the Web Site and/or Service(s) are not intended for children under 13 years old. If you do not comply with this age restriction, please do not use the Web Site and/or Service(s).

9.) Termination of Web Site and/or Service(s)

AT&T SportsNet reserves the right to terminate the Web Site and/or Service(s) in their entirety at any time and for any reason.

10.) Privacy Statement

The Company strives to ensure the privacy and accuracy of your confidential information. If you are ever offered the opportunity to purchase products and Service(s) via the Web Site, you may be required to provide us with information that personally identifies you (“Personal Information”). Personal Information may include (i) contact data (such as your name, physical and email addresses, phone numbers and domain names), and (ii) financial data (such as your account or credit card number).

Aggregate information on Web Site usage is or may be recorded, and information volunteered by site users including all data submitted is collected and stored. This includes the use of specific services on the Web Site and/or Service(s) such as performing keyword searches, registering for events, or requesting additional information. We also collect and retain your email address and any other information you provide, when you communicate with us via email. We collect this information to provide online services, and to enhance our Web content and improve our quality of service.

Cookies are small files that may include a unique identifier, which is sent from our Web server to your web browser and is stored on your hard drive for record-keeping purposes. Cookies may be required to use certain services on the Site. We use cookies to provide services, to record current session information and identify user trends and patterns. You may choose to view, block or erase cookies within your web browser. However, this may limit your ability to use all services provided on our web sites. Although, some web sites may be able to track your usage after cookie deletion if you come back to the same site or a related site and provide personal information.

The confidential data you submit is encrypted using industry-standard SSL encryption. Furthermore, all of the customer data we collect is protected against unauthorized access and is never sold, traded or rented for commercial purposes to other organizations except to provide services, information, or products you’ve requested, when we have your permission, or in the following circumstances: (a) in the case of a sale of all of the assets of the Company, a merger involving the Company, a sale of assets involving the Company or a corporate reorganization involving the Company; and (b) when it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected threatening or fraudulent activities, and violations of Terms of Service, or as otherwise required by law.

In addition, whenever you voluntarily disclose Personal Information on-line, for example on message boards, through e-mail, or in chat areas, that information can be seen, collected and used by others.

Through the Web Site and/or Service(s) you may be introduced to a variety of third-party vendors and sites. The privacy policies of these third parties are not under our control. The use of any information that you may provide to any third party will be governed by the privacy policy of the operator of the site that you are visiting, which may differ from ours. As well, in some cases these third parties may share the information that they collect about you with the Company. Because we do not control the privacy policies of our business affiliates or any other sites to which we may provide hyperlinks, you may deem it advisable to review the privacy policy of the site you are visiting. If you cannot find that site’s privacy policy, or if you are uncertain about the entity to which you are providing your information, you should contact that site directly for more information.

The Web Site and/or Service(s) may include a variety of features, such as bulletin boards and chat rooms, which allow feedback to us and real-time interaction between site users. The Company does not control the posting of messages, information or files that others may provide through the Site. You understand that the Company has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Web Site and/or Service(s) through which users can supply information or material. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of the Terms of Use.

Finally, we note that California law requires us to provide certain information about how we collect and use the personal information of California residents and to grant those California residents certain rights with respect to their data.  If you are a California resident, please see the immediately following section of this Policy titled “California and CCPA Privacy Rights and Disclosures” for these disclosures and a description of your privacy rights.

11.) CALIFORNIA AND CCPA PRIVACY RIGHTS AND DISCLOSURES

This California Privacy Rights and Disclosure section addresses legal obligations and rights laid out in the California Consumer Privacy Act, or CCPA.  These obligations and rights apply to businesses doing business in California and to California residents and information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Information”).  The information contained in this section applies to California Information collected and used by WarnerMedia (for the purposes of this section, “we” or “us”), of which AT&T SportsNet is a part.  (For a full list of the entities that comprise WarnerMedia, please visit here https://www.warnermediaprivacy.com/affiliates/.)

 

California Information We Collected and Shared

This section provides the information California residents need to exercise their rights over their California Information.  Here is information about the California Information we have collected from and shared about consumers over the twelve months prior to the Effective Date of this Privacy Policy.

 

California Information We Collected

In the year before the date this policy was issued, on some Sites we may have collected the following categories of California Information:

  • Address and other identifiers – such as name, postal address, zip code, email address, account name, Social Security number, driver’s license number, payment card numbers, passport number, or other similar identifiers
  • Unique and online identifiers – such as IP address, device IDs, or other similar identifiers
  • Characteristics of protected classifications – such as race, ethnicity, or sexual orientation
  • Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet, gaming or other electronic network activity information – such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement
  • Professional or educational Information
  • Biometric information
  • Video footage (e.g., CCTV); Audio recordings; Photographs; Calendar information
  • Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
  • In game or online viewing activities (e.g., videos viewed, pages viewed)
  • Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

 

We may have collected these categories of California Information for the following purposes:

  • Performing services on behalf of the business, such as customer service, processing or fulfilling orders, providing content recommendations, and processing payments
  • Auditing customer transactions
  • Fraud and crime prevention
  • Debugging errors in systems
  • Marketing and advertising
  • Internal research, analytics and development – e.g., user-preference analytics
  • Developing, maintaining, provisioning or upgrading networks, products, services, or devices.

We may have obtained California Information from a variety of sources, including:

  • Directly from you, including technical and usage information when you use our Sites
  • Linked sites, such as Social Media Sites, and third-party platforms
  • Our WarnerMedia or AT&T affiliates
  • Our joint-ventures and promotional and strategic partners
  • Information suppliers
  • Distributors and other vendors
  • Marketing mailing lists
  • Other users submitting California Information about you, such as to invite you to participate in an offering, make recommendations, or share content
  • Publicly available sources.

 

California Information We Shared

In the year before the date this policy was issued, for some Sites we may have shared these categories of California Information for operational purposes with providers who provide services for us, like processing your bill:

  • Address and other identifiers – such as name, postal address, email address, account name, Social Security number, driver’s license number, payment card numbers passport number, or other similar identifiers
  • Unique and online identifiers – IP address, device IDs, or other similar identifiers
  • Commercial information – such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet, gaming or other electronic network activity information – such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement
  • Professional or educational Information
  • Biometric information
  • Video footage (e.g., CCTV); Audio recordings; Photographs; Calendar information
  • Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
  • In game or online viewing activities (e.g., videos viewed, pages viewed)

 

  • Inferences drawn from California Information, such as individual preferences, characteristics, behaviors.

 

The California Consumer Privacy Act defines ‘sale’ very broadly. It includes the sharing of California Information in exchange for anything of value.  According to this broad definition, in the year before the date this policy was issued, on some Sites we may have sold the following categories of California Information:

 

  • Address and other identifiers – such as name, postal address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers
  • Unique and online identifiers – IP address, device IDs, or other similar identifiers
  • Commercial information – such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet, gaming or other electronic network activity information – such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement
  • Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
  • Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

 

Your California Privacy Rights to Request Disclosure of Information We Collect and Share About You

If you are a California resident, California Civil Code Section 1798.83 permits you to request information about our practices related to the disclosure of your personal information by certain members of the WarnerMedia Family of Companies to certain third parties for their direct marketing purposes. You may be able to opt-out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. Please send your request (along with your full name, email address, postal address, and the subject line labeled “Your California Privacy Rights”) by email at WMPrivacy@warnermediagroup.com.

In addition, if you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information.  In particular, you can request the following:

  • The categories and specific pieces of your California Information that we’ve collected
  • The categories of sources from which we collected California Information
  • The business or commercial purposes for which we collected or sold California Information
  • The categories of third parties with which we shared California Information.

You can submit a request to us for the following additional information:

  • The categories of third parties to which we’ve sold California Information, and the category or categories of California Information sold to each.
  • The categories of California Information that we’ve shared with service providers who provide services for us, like processing your bill.

To exercise your CCPA rights with respect to this information, either visit here https://www.warnermediaprivacy.com/ or contact us toll free at 833-WM PRVCY (833-967-7829) or TTY: 833-PRVCY-TT (833-778-2988). These requests for disclosure are generally free.

 

Your Right to Request the Deletion of California Information

Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us. To exercise your right to request the deletion of your California Information, either email us at WMPrivacy@warnermediagroup.com or contact us toll free at 833-WM PRVCY (833-967-7829) or TTY: 833-PRVCY-TT (833-778-2988). Please indicate which Site you have questions about in your email or call.

Your Right to Ask Us Not to Sell Your California Information

Although, as described above in Section 10, AT&T SportsNet does not sell your personal data, except in certain circumstances, you can nonetheless always tell WarnerMedia News & Sports not to sell your California Information by visiting here: https://www.warnermediaprivacy.com/do-not-sell.

Once we receive and process your request, we will not sell your California Information unless you later allow us to do so.

Do Not Track Notice

We do not currently take actions to respond to Do Not Track signals and similar signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

Our Support for the Exercise Your Data Rights

We are committed to providing you control over your California Information.  If you exercise any of these rights explained in this section of the Privacy Policy, we will not disadvantage you.  You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services.

Consumers Under 16 Years Old

CCPA has specific rules regarding the use of California Information from consumers under 16 years of age.  In particular, consistent with the CCPA, if we have the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so.  If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission.

If you would like further information on how we handle California Information from consumers under the age of 16 years of age, or if you have questions about these information practices, you may contact us at WMPrivacy@warnermediagroup.com, or at Warner Media Privacy Office, 4000 Warner Blvd., Bldg. 160, Burbank, CA 91522.

12.) Dispute Resolution

Summary:

Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please contact AT&T SportsNet Customer Support here:https://www.attsportsnet.com/contact-us/. In the unlikely event that you’re not satisfied with customer service’s solution (or if AT&T SportsNet has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

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 Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.

ARBITRATION AGREEMENT

(1) Claims Subject to Arbitration: AT&T SportsNet 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). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • 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 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 Agreement.

References to “AT&T SportsNet,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and 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. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

(2) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to AT&T SportsNet should be sent by certified mail to: General Counsel, WarnerMedia News & Sports, 1 CNN Center, Atlanta, GA 30303 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).

If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at: adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf.

(3) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.

(4) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.

(5) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:

  • pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).

If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys’ fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys’ fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.

The right to the attorney premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys’ fees or costs. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.

(6) Requirement of Individual Arbitration: 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. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. 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 that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.

(7) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

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