Ixian
Well-known member
Apparently discord recently updated its Terms Of Service, if you are an US resident, you give away your right to sue Discord, having to go through forced arbitration and also footing a significant portion of, if not the total bill for that dispute yourself.
You have until May 15th to write an email to arbitration-opt-out@discord.com to opt out of that and retain your right to sue them.
It gets worse of course, because even if you do go to court because you have an issue with the TOS, you got this bit...
"Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in these courts."
As to the main body of the agreement...
"You and Discord agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and Discord agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section. "
In regards to the arbitrations themselves, apparently they will be governed under something called the American Arbitration Association Rules, which I am unfamiliar with, but..
"excluding any rules or procedures governing or permitting class or representative actions"
"If Discord is the party initiating an arbitration against you, Discord will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against Discord, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, unless the arbitrator determines that you are unable to pay, in which case Discord will pay the entire filing fee."
"In all arbitrations, unless otherwise required by law or the AAA Rules, you’re responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs. The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification."
Like I said, I don't know much of anything about the AAA, on if they would provide fair arbitration or anything else about the organization, but it is scummy to trick people into waiving their 7th Amendment rights.
Would this hold up in court? Would it really have to take place in the San Francisco district?
You have until May 15th to write an email to arbitration-opt-out@discord.com to opt out of that and retain your right to sue them.
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It gets worse of course, because even if you do go to court because you have an issue with the TOS, you got this bit...
"Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in these courts."
As to the main body of the agreement...
"You and Discord agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and Discord agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section. "
In regards to the arbitrations themselves, apparently they will be governed under something called the American Arbitration Association Rules, which I am unfamiliar with, but..
"excluding any rules or procedures governing or permitting class or representative actions"
"If Discord is the party initiating an arbitration against you, Discord will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against Discord, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, unless the arbitrator determines that you are unable to pay, in which case Discord will pay the entire filing fee."
"In all arbitrations, unless otherwise required by law or the AAA Rules, you’re responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs. The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification."
Like I said, I don't know much of anything about the AAA, on if they would provide fair arbitration or anything else about the organization, but it is scummy to trick people into waiving their 7th Amendment rights.
Would this hold up in court? Would it really have to take place in the San Francisco district?
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