Welcome to HBO Max!
These Terms are a legally binding agreement between WarnerMedia Direct, LLC and its subsidiaries and affiliates (collectively, "WM," "Us" or "We") and you concerning the HBO Max Platform. The content that is available through the HBO Max Platform is referred to as "Content", and such Content along with all other elements of the HBO Max Platform including its features, user interface, software, and the design and functionality of the mobile application(s), website(s) or other technology platforms associated with the HBO Max Platform (such as hbomax.com) are collectively referred to in these Terms as the "Platform". The Platform provides subscribers with access to all of the HBO service together with a collection of movies, shows, new Max Originals and more, streamed over the internet to compatible devices. The Platform is offered to you by WM subject to these Terms. References to "you" in these Terms may also include any "Authorized Users" (as such term is defined herein). Your use of the Platform confirms your unconditional agreement to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use the Platform. Your use of certain products offered through the Platform may require you to accept additional terms and conditions that apply to those products. In the event of a conflict or inconsistency between those additional terms and these Terms, those additional terms will prevail solely with respect to your use of the particular product to which they apply..
1. ELIGIBILITY TO SUBSCRIBE TO THE PLATFORM:
To be eligible to subscribe to the Platform, you must meet the following criteria (the "Eligibility Criteria"):
a. You must reside within one of the fifty (50) states of the United States of America ("U.S."), the District of Columbia, or certain U.S. territories (collectively, the "Service Area"); and
b. Be at least 18 years old, or older if the legal age of majority in your state or territory is older than 18. Individuals under the age of 18, or the applicable age of majority, may utilize the Platform only as an Authorized User of a parent or legal guardian's HBO Max Account. Certain parts of the Platform may be subject to other eligibility requirements.
By accessing, previewing, or otherwise using the Platform in any manner, you represent and warrant that you meet the Eligibility Criteria.
2. CHANGES TO TERMS:
If any change materially limits the availability of the Platform, then in addition to posting the revised document on the Platform, we intend to communicate such a limit directly to you via the email address associated with your HBO Max Account. Therefore, it is important that you keep your HBO Max Account information up to date. Your continued use of the Platform after the changes come into effect and, in the case of any Subscription, your failure to cancel the same before it renews or within any relevant notice period, will mean you unconditionally accept and agree to be bound to the changes.
3. CONSENT TO ELECTRONIC COMMUNICATIONS:
If at any time you no longer want to receive non-transactional communications, you may unsubscribe using the link at the bottom of the electronic communication or you may sign in to the Platform and update your "Notifications" preferences in the "Settings" tab. Please note that changes made to your Notifications settings may not take effect immediately, and there could be a delay before your new settings become effective.
Subject to the terms and conditions set forth in these Terms, WM grants you a limited, non-exclusive, non-transferable license to access the Platform and view Content through the Platform for personal, non-commercial purposes on compatible devices while your Subscription remains active and in good standing. To access the Platform, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time. Features and functionalities that we make available through the Platform may differ by device. Please check the requirements periodically, as WM reserves the right to change or cease support of any hardware or software platforms at any time. In order to access the Platform, your compatible device must have a high-speed internet connection. You are responsible for any costs associated with your internet service used to access the Platform. Your use of the Platform may count toward your data usage, depending on the terms of your agreement with your internet service provider. You acknowledge that from time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WM may undertake; or (iii) causes beyond the control of WM or which are not reasonably foreseeable by WM.
The periods during which you can view each piece of Content will vary based on the rights available for such Content and the terms of your Subscription. Any unauthorized copy of any element of the Platform, including the Content, underlying software, or any portion thereof will constitute a violation of copyright. WM may, in its sole discretion, and at any time, with or without notice, suspend, disable or terminate your Subscription, and/or access to all or any part of the Platform at any time, with or without prior notice, if you violate these Terms or for any reason or no reason at all, without liability. If we disable your Subscription, you agree that you will not create another HBO Max Account or otherwise try to access the Platform without our permission. Violation of these Terms in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Platform.
WM may control the maximum number of simultaneous streams per account (across all Content on the Platform) regardless of the number of devices on which the Platform is available. WM may change the maximum number of simultaneous streams and/or impose limits on the number of registered devices that you may use at any time, in its sole discretion.
You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part, the Platform or any Content. You understand that some of the Content may be protected by security technology. You agree not to circumvent, disable, disassemble, alter, degrade, deactivate, or otherwise tamper with any of the security technology related to, or delivered with, such Content for any reason, or to attempt or assist another person to do so.
5. REGISTRATION FOR THE PLATFORM & AUTHORIZED USER PROFILES:
To access the Platform, you will be required to create an HBO MAX Account and purchase a Subscription.
Create an HBO MAX account
In order to establish your HBO MAX account (an "HBO Max Account"), you must have an active subscription (the "Subscription") with WM or with a third party that has been authorized to provide subscriptions to the Platform (each, a "Subscription Provider"). If you purchase your Subscription directly from WM, you will create your HBO Max Account at the time you make your initial purchase. If you purchase your Subscription through a Subscription Provider instead of directly from WM, it may take additional steps to set up your HBO Max Account. These steps may require you to leave your Subscription Provider's platform and confirm your information directly with WM.
Your Subscription will be automatically validated each time you sign in to the Platform. However, you will have to relink your Subscription if you enter into a new Subscription with a different Subscription Provider. In such event, your HBO Max Account shall remain the same.
It is a condition of use of the Platform that all the details you provide will be correct, current, and complete and will not violate any law. If WM or a Subscription Provider believes the details you provided are not correct, current or complete or do not meet the Eligibility Criteria, or that you have otherwise violated these Terms or any law, WM and your Subscription Provider each have the right at our sole discretion to suspend, terminate or refuse you access to the Platform, your HBO Max Account and/or any other features or resources related to the Platform.
Subscription with Subscription Provider other than WM
In order to purchase a Subscription through a Subscription Provider, you must have an active account with such Subscription Provider and provide a valid method of payment (a "Payment Method"). Your Payment Method will be processed by such Subscription Provider, not by WM. Any inquiries related to payments through your Subscription Provider should be directed to your Subscription Provider directly. You are responsible for all charges incurred in connection with your Subscription.
Subscription with WM
You may also access the Platform by purchasing a Subscription through WM directly. In order to purchase a Subscription through WM, you must create an HBO Max Account and provide WM with a Payment Method. The Payment Method provided to WM will be processed by WM or its authorized vendor(s). Any inquiries related to payments through WM should be directed to WM. You are responsible for all charges incurred in connection with your Subscription. By providing a Payment Method to WM, you are expressly agreeing that we or an independent third-party selected by us (the "Payment Service") are authorized to periodically charge the applicable Subscription fee plus any applicable taxes on a recurring basis during the term of your Subscription. You may edit your Payment Method by logging into your HBO Max Account on the Platform and viewing your Subscription details. When you provide a Payment Method, our Payment Service will attempt to verify the information you entered. The Payment Service may do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method information or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If we are unable to obtain a valid Payment Method, we may, at our discretion, suspend and/or cancel your Subscription.
Once you have created an HBO Max Account, you may be given the option to add authorized users tied to your HBO Max Account (the "Authorized Users"). WM reserves the right to limit the maximum number of Authorized Users that you can set up or that can simultaneously access the Platform, in its sole discretion. Authorized Users are limited to members of your immediate family or household only.
The HBO Max Account will function as the "master account" for all Authorized Users. EACH AUTHORIZED USER'S VIEWING ACTIVITY MAY BE ACCESSIBLE TO THE HBO MAX ACCOUNT HOLDER, INCLUDING STREAMS BY TITLE, PARENTAL CONTROLS, AND ANY CHANGES TO THE AUTHORIZED USER SETTINGS. IT IS YOUR RESPONSIBILITY TO INFORM EACH AUTHORIZED USER OF THIS FEATURE.
You are responsible for all activity by each Authorized User or otherwise occurring under your HBO Max Account, including the devices that are used to access the Platform. You are solely responsible for maintaining the confidentiality of your username and password. In addition, to prevent unauthorized access to your HBO Max Account or the Platform, you and each Authorized User must maintain control over the devices used to access the Platform and not reveal your username and password or Payment Method to anyone. WM and its Subscription Providers shall not be liable for any loss or damage arising from the use or misuse of your HBO Max Account.
6. PAYMENT AND BILLING:
By creating an account with a Subscription Provider and providing such Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a subscription fee and any applicable taxes and service fees on a designated cycle for the Platform (collectively, the "Subscription Fee"). Subject to Section 7 ("Free Trials, Student Discount, and Promotional Offers"), the first Subscription Fee will be charged to your Payment Method on the date the Subscription Provider confirms your Subscription purchase. Thereafter, the Subscription Fee will be charged to your Payment Method by your Subscription Provider on a recurring basis in accordance with your designated cycle.
For Subscriptions obtained through a Subscription Provider (other than WM), your billing will be processed by such Subscription Provider or its authorized vendor(s). For Subscriptions obtained through WM, your billing will be processed by WM or its Payment Service or other authorized vendor(s). The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular monthly basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription.
WM reserves the right to retry or permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription. Except as specified in Section 25 (Dispute Resolution), you will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration costs.
Subscription Price Changes
Each Subscription Provider reserves the right to change the price for a Subscription to the Platform in its sole discretion and will be responsible for communicating any price changes to you in accordance with applicable law.
Updating Payment Method
You may update your Payment Method with your Subscription Provider at any time by accessing your account with such Subscription Provider. If your Subscription is directly with WM, you can update your Payment Method by going to "Billing Information" in your "Settings" tab within your HBO Max Account on the Platform.
If at any time your Subscription Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee.
A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Subscription Provider and WM reserve the right to suspend your access to the Platform, until such time as the Payment Method has been updated and the Subscription Fee is duly paid.
YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. PLEASE NOTE THAT YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE CYCLE'S SUBSCRIPTION FEE. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period. In such a circumstance, you will continue to have access to your Subscription until the end of then-current Subscription period. If your Subscription is directly with WM, you will need to cancel your Subscription through WM. If you obtained your Subscription through a Subscription Provider other than WM, you will need to cancel your Subscription directly with such Subscription Provider.
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. In such a circumstance, you will continue to have access to the Platform until the end of the then-current Subscription period. Each Subscription Provider reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
7. FREE TRIALS, STUDENT DISCOUNT, AND PROMOTIONAL OFFERS:
The Platform may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new Platform subscribers, unless otherwise specified. Your status as a new subscriber to the Platform will be determined by WM or the applicable Subscription Provider, in their sole discretion. These Terms apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to use the Platform during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.
UNLESS YOU TIMELY CANCEL THE TRIAL SUBSCRIPTION BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION THE SUBSCRIPTION FEE FOR THE PLATFORM WILL BE CHARGED TO YOUR PAYMENT METHOD.
If we offer you a Trial Subscription or other promotion (e.g., a promotional price) for your Subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials describing the particular promotion. In the case of promotional pricing, after your promotion period ends, the Payment Service will begin billing your Payment Method for your Subscription at the regular Subscription Fee unless you duly cancel before the promotion period ends. You will not receive notice from WM that your Trial Subscription is about to end unless required by applicable law.
To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit the "Billing Information" screen in your "Settings" tab on the Platform for the latest information contained in our records or contact your Subscription Provider directly.
Where available, the HBO Max student discount will enable you to enjoy the Platform at the reduced price specified in the student section of our Help Center. WM reserves the right, in its sole discretion, to discontinue student discounts, or change the terms of such discount, at any time.
The student discount cannot be applied to subscriptions billed through a Subscription Provider other than WM. To receive the student discount, you must (1) as of the launch of the Platform be enrolled in a student discount to the HBO NOW service, (2) sign in to the Platform with your HBO NOW credentials and choose to access all of HBO Max, (3) continue to be a student enrolled at a qualifying, accredited college or university located within the Service Area, (4) provide proof of your student status, and (5) unless otherwise specified herein, meet all other Eligibility Criteria.
WM will continue to verify your eligibility for the student discount on an ongoing basis. If WM is unable to confirm your status as a student, we may ask you to provide documentation evidencing your school enrollment. WM reserves the right, in its sole discretion, to determine the validity of the documentation and your eligibility to receive the student discount.
Your student discount is for your individual use only. You may not transfer or assign your student discount to any other party.
No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you sign-up for the Platform. New customers may take advantage of any "new customer" promotion only once. Requirements for a special promotion will be stated at the time each offer is presented.
You agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your HBO Max Account.
8. PARENTAL CONTROLS/CONTENT:
THE PLATFORM CONTAINS CONTENT THAT MAY NOT BE APPROPRIATE FOR ALL AGES OR VIEWERS. MOST ENTERTAINMENT CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION PARENTAL GUIDELINES. HOWEVER, YOU MIGHT DISAGREE WITH HOW PARTICULAR CONTENT IS RATED AND SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN STRONG OR PROFANE LANGUAGE, VIOLENCE, ALCOHOL, TOBACCO, DRUG OR SUBSTANCE ABUSE, NUDITY, SEXUAL CONTENT, MATURE THEMES AND/OR MATURE CONTENT INTENDED ONLY FOR ADULTS OR THOSE UNDER SUPERVISION OF ADULTS. Content tends to elicit varying reactions among different people. As is true for many websites and content platforms, you may come across Content that you find offensive, indecent, explicit or objectionable. You acknowledge and voluntarily accept these risks. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and WM does not guarantee that you will agree with them.
If you wish to restrict Content for a Kid's Profile, you may take advantage of the Parental Controls feature of the Platform, by accessing the "Parental Controls" functionality within the "Manage Profiles" section of your HBO Max Account on the Platform. This will enable you to establish and manage Parental Control settings for each Kid's Profile linked to your HBO Max Account. Parental Controls allow you to set a maximum movie rating and television rating for each Kid's Profile, and are designed to filter out non-rated Content. Please note that changes made to Parental Controls may not take effect immediately, and during some periods there could be a delay before your new settings become effective.
We do not guarantee that any movie or television rating for Content is accurate. You acknowledge that the Parental Controls may not always be effective in restricting all Content that you or any Authorized User may consider objectionable, including if you disagree with the Content rating, if changes made to Parental Controls are delayed or do not take effective immediately, if an Authorized User of a Kid's Profile is allowed to access or view Content from another Authorized User with no or different Parental Control settings, or if he or she has access to the PIN to change the Parental Control settings.
If you choose to access or view, or allow an Authorized User to access or view, any adult or mature Content on the Platform, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, alcohol, tobacco, drug, or substance use, or are otherwise graphic in nature, may occur. You agree that use of the Platform by you and all Authorized Users is at your sole risk, that you are solely responsible for monitoring and supervising all use of your HBO Max Account, including those of each Authorized User, and that WM and/or your Subscription Provider shall have no liability to you, any Authorized User or any third party for any Content viewed or accessed on your HBO Max Account.
9. COPYRIGHTS AND TRADEMARKS:
The Platform, and all materials incorporated therein are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public or commercial exhibition. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; or (ii) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws. In particular, as of the date of publication of these Terms, criminal copyright infringement, including without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.
Some of the characters, logos or other images incorporated by WM on the Platform are also protected as registered or unregistered trademarks, trade names and/or service marks owned by WM ("Trademarks"). All other trademarks are the property of their respective owners. Use of the Trademarks of WM or of any other party is not authorized in any manner other than as incorporated into the Platform.
WM reserves the right to gather data on Platform usage and other information deemed relevant, to ensure that the Platform is being used in accordance with these Terms. Any unauthorized use shall be considered by WM to be a violation of these Terms. WM reserves the right to remedy violations immediately upon discovery by any means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with these Terms. Any blocking of data required for compliance under these Terms is considered to be a violation of these Terms and may result in immediate termination of your Subscription.
10. COPYRIGHT NOTICE:
If you believe that any content appearing on any part of the Platform has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
WarnerMedia Direct, LLC
30 Hudson Yards
New York, NY 10001
Attn: Legal Department/Copyright Agent
Please note that while WM seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that WM is a service provider as defined in 17 U.S.C. section 512c or elsewhere in the law.
11. RESTRICTIONS ON USE OF MATERIALS:
a. You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Platform, or attempt to interfere with the operation of the Platform in any way, except that you may access and display material and all other Content displayed on the Platform for non-commercial, personal, entertainment use for a limited time only as strictly authorized herein. You may not use any data mining, robots, virus, worms, bugs, or similar data gathering and extraction tools on the Platform or on any portion of the Platform, or frame any portion of the Platform, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Platform. Without limiting the generality of the foregoing, you may not distribute any part of the Platform over any network, including a local area network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity without WM's prior written consent which may be withheld in WM's sole discretion (and any such purported assignment, pledge or transfer without such prior written consent shall be void ab initio). In addition, the Content files or other elements of the Platform may not be used to construct any kind of database. You acknowledge that your use of the Platform and your HBO Max Account is non-transferable. Any authorization to copy material granted by WM in any part of the Platform for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited. Also prohibited are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Platform into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on or compatible with such software or any feature of the Platform, or intercepting and/or recording network communications transmitted between the Platform and WM.
b. WM respects the intellectual property rights of others and asks users of the Platform to do the same. WM and its licensees and Content partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
12. CONTENT, CONTENT LIMITATIONS AND DOWNLOADS:
Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you in connection with your use of the Platform. Please note that some Content may specify an access window in which you will be able to view the Content. The access window will typically range between four (4) to eight (8) weeks, although because these windows may vary, you should pay close attention to the description provided with the Content. During the applicable access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the access window for each piece of Content available via the Platform, and WM and its partners and affiliates accept no liability for any access windows or the expiration thereof. WM reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows or its programming schedules. Please note that not all Content will be available to all users across all compatible devices. Access to certain Content may depend upon your geographic location (i.e., you will not be able to access Content from outside the Service Area), whether you are able to maintain an internet connection, or available bandwidth and equipment used to access the Platform. You should be sure to read the detailed description of each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, WM does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Platform as a result of your Subscription or HBO Max Account. WM does not make any representations or warranties with respect to the accessibility of any particular Content at any time.
Certain Content on the Platform may be available for temporary download on certain supported devices, in order to enable offline viewing when you do not have a network connection ("Downloadable Content"). To download Content, make sure you have a network connection and sign in to the Platform on your phone or tablet. Choose an episode or movie that you want to download and tap "Download". WM may control, in its sole discretion, the amount of Downloadable Content permissible for each HBO Max Account (across all Authorized Users and devices), and the expiration rules for each piece of Downloadable Content. At the time of download, the Platform will provide you with information specifying the Content download limits and the expiration rules for each piece of Downloadable Content.
WM uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD, Ultra HD and 4K Ultra HD availability, if and as applicable, for certain Content depends on your internet service and device capabilities. Not all Content is available in all formats. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, WM is unable to make any warranties about the Content in these respects.
13. SERVICE UPDATES AND SOFTWARE:
At various times, WM may choose to make available updates, bug fixes, or other changes or enhancements to the Platform (collectively, "Service Updates"). Service Updates may be:
a. Automatic, such as in connection with general website changes and additional features or updates to data required by the Platform;
b. At your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and
c. Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain access to the Platform.
Please note that the Platform may be unavailable during a Service Update.
14. SUSPENSION AND TERMINATION:
WM and any Subscription Provider may suspend or terminate your Subscription and access to the Platform and/or your HBO Max Account immediately for any reason or for no reason whatsoever, including if WM and/or any Subscription Provider reasonably determines that you are in violation of these Terms or receives information that you no longer meet the Eligibility Criteria. In such event, you must cease all use of the Platform. The suspension or termination of your Subscription is in addition to, and not in lieu of, any rights and remedies available to WM, its partners and affiliates and/or any Subscription Provider under these Terms or under applicable laws. Your rights under these Terms will terminate automatically without notice from WM if you fail to comply with these Terms.
You may terminate your account at any time by following the cancellation process set forth in Section 6 above. Please note you shall still be responsible for all Subscription Fees incurred prior to the effective date of termination.
15. CUSTOMER SERVICE:
a. For Customer Service inquiries related to the Platform or your Subscription through WM (including Subscription Fee and Payment Method), please visit our Help Center for our FAQs. If you are unable to resolve your question using the Help Center, please contact HBO Max Customer Support at 1-855-442-6629 or send us an email at email@example.com.
b. For Customer Service matters related to your Subscription through a Subscription Provider other than WM (including Subscription Fee and Payment Method) or other matters relating to billing through your Subscription Provider, please contact your Subscription Provider directly.
c. If you have specific concerns with the closed caption feature, please contact:
WarnerMedia Direct, LLC
30 Hudson Yards
New York, NY 10001
d. We take security very seriously. We have imposed security measures designed to ensure the protection of our subscribers. Please see the Help Center for details. If you have reason to believe that your HBO Max Account credentials have been compromised or misappropriated in some way, you are encouraged to contact us immediately at HBO Max Customer Support at 1-855-442-6629 or send us an email at firstname.lastname@example.org.
16. DISCLAIMER OF WARRANTIES:
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT, PARENTAL CONTROLS, FEATURES AND OTHER ELEMENTS OF THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WM, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WM, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WM, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE PLATFORM, OR ANY SITES LINKED TO THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES OR DAMAGES, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS:
YOU AGREE THAT WM AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES") ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE PLATFORM, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE PLATFORM, EVEN IF WM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM (COLLECTIVELY, THE "RELEASED MATTERS"). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WM's AND/OR YOUR SUBSCRIPTION PROVIDER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE HBO MAX PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE EXCLUSIONS, THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF WM's ACTS OR OMISSIONS OR YOUR USE OF THE PLATFORM 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 PLATFORM.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WM AND/OR YOUR SUBSCRIPTION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.
WM makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform and/or in the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by WM. Views and opinions of users of the Platform do not state or reflect those of WM and/or your Subscription Provider.
18. FEEDBACK AND POSTINGS:
a. Portions of the Platform may invite you to provide us with feedback. Please be aware that WM does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by WM staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send WM any unsolicited submissions. In any event, no material you send to us will be treated as confidential.
b. Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and WM, or any of its Subscription Providers, licensees, successors or assigns or place WM or any of its Subscription Providers, affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither WM nor any of its Subscription Providers, licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your feedback, and that WM and Subscription Providers and their respective licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any feedback submitted.
c. To the extent that use of the Platform provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that WM does not screen, edit, or review Postings prior to their appearance on the Platform or elsewhere, and Postings do not reflect the views of WM. To the fullest extent permitted by applicable laws, WM disclaims all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Platform or elsewhere. WM reserves the right (but not the obligation) to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms or in violation of general community standards and notions of decency. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties.
d. Please act responsibly when using the Platform. You may only use the Platform for lawful purposes and in accordance with law and you are prohibited from storing, distributing or transmitting any unlawful material through the Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Platform is unlawful, you will bear the burden of establishing that it is lawful.
19. HYPERLINKS TO AND FROM THIRD PARTY SITES:
a. You are not permitted to link to the Platform from any third-party site without the prior written permission of WM. However, the Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by WM or by our Subscription Providers. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of WM, and you acknowledge that (whether or not such sites are affiliated in any way with WM or its Subscription Providers) WM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of any site by WM or any association with its operators.
b. WM cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Platform. WM does not endorse any of the merchandise, nor has WM taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We have no duty to pre-screen information, products and services of third parties (collectively "Third-Party Content"), but we have the right to refuse to post or to edit submitted Third-Party Content. We reserve the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. WM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
c. Any area of the Platform that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
20. SYSTEM ABUSE:
a. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Platform.
b. You are prohibited from using any services or facilities provided in connection with the Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
c. If WM believes that you have engaged in any of the activity set forth in this Section or in other fraudulent activity in connection with your use of the Platform, we reserve the right to take any action to remedy such activity, including without limitation, termination of your HBO Max Account.
22. THIRD PARTY SUBSCRIPTION PROVIDER TERMS:
23. USE IN U.S. ONLY:
The Platform is intended for viewing solely within the Service Area. Use of technology to mask your location or hinder WM's ability to ascertain your location is prohibited. Please note WM may use technologies to verify your geographic location. WM makes no representation that materials or other Content in the Platform is appropriate or available for use outside of the Service Area. By using the Platform and/or submitting personally identifiable information to the Platform, either during the registration process or subsequently, you consent to have your information transferred to and processed and maintained in the United States, subject to applicable U.S. laws.
25. DISPUTE RESOLUTION:
Our customer service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact HBO Max Customer Support at 1-855-442-6629 or by email at email@example.com. In the unlikely event that you're not satisfied with customer service's solution (or if WM 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.
a. Claims Subject to Arbitration: WM 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;
- claims that may arise after the termination of this Agreement.
References to "WM," "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 the Platform 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.
b. 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 WM should be sent by certified mail to: WarnerMedia Entertainment General Counsel, 30 Hudson Yards, New York, NY 10001 ("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.
c. 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.
d. 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.
e. 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;
- 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.
f. 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.
g. 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
Except as specified in Section 25 (Dispute Resolution), if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for these Terms and shall not affect the validity and enforceability of any remaining provisions.
27. FORCE MAJEURE:
WM shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder 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 its control.
28. EXPORT CONTROL:
You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation.
29. GOVERNING LAW AND VENUE:
These Terms 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 25 (Dispute Resolution) of these Terms, 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 claims.
The Section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WM as a result of these Terms or your use of the Platform. A printed version of these Terms and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in these Terms limits WM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us in connection with such use.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE PLATFORM.
Published: April 29, 2020