As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-procedural
the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
Company’s fee promise
Reviewed category: pays-only-if-company-initiates
If Netflix starts an arbitration against you, Netflix will pay all filing fees.
Fee or cost shifting against the consumer
Reviewed category: pre-filing-noncompliance-costs
A court of competent jurisdiction may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and the completion of Informal Resolution, and that court may order the party that filed an arbitration demand without meeting these requirements to reimburse the other party for any arbitration fees and costs incurred prior to the injunction.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
You and Netflix cannot proceed to arbitration unless all information required in a Notice of Dispute is provided, you have participated in good faith in the Informal Resolution process, and the Informal Resolution period has expired.
Mass-arbitration terms
Reviewed category: bellwether-then-release-to-court
If 25 or more Disputes are initiated with JAMS that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Netflix will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the JAMS Rules.
Small-claims carve-out
Reviewed category: available-standard-carve-out
Disputes that qualify for small-claims court in the county where you live may be brought as individual actions in such small-claims courts.
Opt-out
Reviewed category: general-but-class-waiver-survives
You have the right to opt out of, and not to be bound by, this Arbitration Agreement (but you may not opt out of the separate class action waiver). To opt out, you must notify Netflix in writing no later than 30 days after first becoming subject to this Arbitration Agreement, unless a longer period is required by applicable law.
Unilateral modification
Reviewed category: no-less-favorable-change-after-dispute-arises
Although Netflix may revise this Arbitration Agreement in its discretion (as it may modify any of these Terms of Use), Netflix does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant.
Scope
Reviewed category: broad-plus-survives-termination
This Arbitration Agreement will survive any termination of your relationship with Netflix until the expiration of all applicable statutes of limitations.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
“ Confidential ” means that you and Netflix agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, will be confidential to the fullest extent permitted by applicable law.
Shortened limitations period
Reviewed category: notice-deadline-2-years
To the fullest extent permitted by applicable law, you or Netflix must send a Notice of Dispute within two years from when the Dispute first arose. ... The failure to provide a Notice of Dispute within the time frames described in this section will bar the Dispute, which means that you and Netflix will no longer have the right to assert the Dispute in any forum.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
The sole exception is that, if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Netflix agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
Counsel or representation restrictions
Reviewed category: no-agent-opt-out
You, rather than an agent or representative, must send your own opt-out notice.
Mass-arbitration numeric trigger
Reviewed category: bellwether-then-release-to-court
Stated term: “25 or more” Disputes initiated with JAMS — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If 25 or more Disputes are initiated with JAMS that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.”