Effective date: October 8, 2012
WELCOME TO REDBOX INSTANT BY VERIZON.
We look forward to providing you our Services for your personal enjoyment in accordance with this Agreement.
REDBOX INSTANT BY VERIZON TERMS OF SERVICE
This Agreement contains important information about your Service and your legal rights, including our ability to make changes to your Service or this Agreement, limiting our liability if things don't work as planned, and providing that any disputes between us must be resolved in arbitration or small claims court. You are bound by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
Acceptance of this Agreement
This Customer Agreement ("Agreement") is entered into between you (referred to as "you," "your" and "Customer") and Verizon and Redbox Digital Entertainment Services, LLC or its' affiliates (referred to as "Redbox Instant by Verizon," "we," "our," or "us"). You accept this Agreement by using the Service, when you sign-up for the Service on-line or otherwise. When you accept this Agreement, you're representing that you are at least 18 years old and are legally able to accept an agreement.
Redbox Terms and Sharing Your Information With Redbox and Verizon
Your Redbox Instant by Verizon account information, including name, address, email, payment information, settings and transaction history, will be shared with Redbox as well as Verizon. Redbox and/or Verizon may use this information for registration or log-in, such as on www.redbox.com, and for billing, operational and marketing purposes. To the extent the Video Privacy Protection Act (18 U.S.C. §2710) or similar state or other video privacy laws apply, you acknowledge that you are providing your informed, written consent to the disclosure and sharing of this information.
The Service means our online streaming subscription service and/or the one-time rental or purchase of digital Content (meaning movies, videos, images or other files or digital files or content of any type provided to you) using any Redbox Instant by Verizon application, as described below, over the Internet to certain Internet-connected TVs, game consoles, computers, mobile and other devices and any other features, tools, applications or other services offered by us to you.
You may use the Service to access Content through a subscription, rental or purchase. Regardless of the use of the word "purchase" herein, any Content is not sold to you, but rather is licensed to you on a limited, personal, non-exclusive, non-commercial, revocable and non-transferable basis only.
Membership and Registration for the Service
You may need to register to use the Service or we may require you to provide information to participate in certain features of the Service or to access certain User Material, defined below. Your decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain User Material or participate in certain features of the Service.
You must use the Service for lawful purposes only and agree that:
* You will use the Service only for personal, noncommercial use and, and any other use or attempted use for commercial or other purposes is strictly prohibited.
* You are solely responsible for all use of the Service. This includes any use of and access to the Service by minors, or others with access to devices that may access the Service, whose use and/or access you authorize, even if such use and/or access by a minor, other household member or anyone with access to your Service is a result of your failure to set appropriate parental or other controls from which you monitor the content and/or use and access to the Service.
* You will keep your information current and complete. This includes ensuring that we have your current email contact information. Please review your account profile periodically to ensure that your email address is current.
* You will not sell, transfer or assign your subscription or any subscription rights;
* You will not modify, make derivative works of, disassemble, decompile, or reverse engineer the Service or any component thereof.
* You will not modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Service, or any products or other services (including software) related to the Service, or permit access to the same by any unauthorized person or entity.
* You will not resell, re-provision or rent the Service (either for a fee or without charge).
* You will use the Service only in the United States.
To use the Service you need compatible devices and a minimum broadband speed
In order to use the Service, you must have Internet access and a compatible device in order to view the Content. A list of compatible devices can be found at http://RedboxInstant.com/SupportedDevices. This list is subject to change at any time. We recommend that you receive broadband speeds that are equal to or greater than 300 Kbps for compatible wireless devices and 500 Kbps for other compatible devices. You may be affected or limited by bandwidth usage limitations or usage charges or other terms imposed by your internet or mobile service provider when you stream or download Content.
You may need to download software
In order to use the Service and view the Content, you may be required to download and install software which is owned by us or our third party licensors, providers and suppliers ("Access Software"). We reserve the right periodically to update, upgrade or change the Access Software remotely or otherwise and to make related changes to the settings and software on your computer or other device on which Access Software runs, and you agree to permit such changes and access to your computer or such other device. You may use the Access Software only in connection with the Services and the Content and for no other purpose. Your use of the Access Software is governed by the terms of a EULA and by this Agreement. You may not install or use any Access Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA. If you download the Access Software from a third party "app store" (such as those offered by Google, Apple, Amazon, or others), your use of such Access Software may be further subject to the end user policies and terms that you agree to when you use such "app stores."
Accessing and watching Content
We may add or remove Content at any time without notice. The number of permitted devices and simultaneous streams may change without notice to you. You agree that we are not responsible or liable for any insufficient storage capacity or the deletion of or failure to store or download Content. If you modify or change certain operating system settings on your compatible device, such as by "jailbreaking" or "rooting," the Service may be unavailable on the device.
You may watch Content on up to five unique authorized compatible devices. While generally this means any five compatible devices you own may be registered to the Service at any given time, our Content providers may enforce limits on how often devices may be registered, de-registered or re-registered to the Service. You will only be allowed to watch the same Content, which means the same movie for example, simultaneously on two compatible devices at any given time. Your rental Content must be viewed within 30 days of the rental date and you typically will have 24-48 hours to watch the Content from rental date or initial playback of the rented Content.
Streaming or downloading of Content and its availability
The Service utilizes, in whole or in part, the public Internet and third-party networks to transmit data and other communications. The Content we provide by streaming or downloading to you from the Service may be interrupted or limited by us at our discretion or may otherwise not display properly due to variables not under our control including, but not limited to, the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables, as well as the technical limitations of the electronic devices on which you view the Content. We want you to have the highest quality viewing experience, however, we cannot guarantee the resolution or quality of the Content you receive when streaming, even if you paid for access to high definition content.
NEITHER REDBOX INSTANT BY VERIZON NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY FOR ANY FAILURE TO BACK UP OR RESTORE CONTENT, OR FOR INTERRUPTION, DELAY OR SUSPENSION OF ACCESS TO OR UNAVAILABILITY OF CONTENT, OR ANY LOSS OF SUCH INFORMATION, DATA OR TRANSMISSIONS.
Your information that we maintain
We may change prices or other terms
We may change the purchase or rental price of individual items of Content at any time, with or without notice to you. We may also change the pricing of monthly subscriptions to the Service or to other prices, or any other term of the Service or this Agreement, but we'll provide notice first unless it is not practicable or feasible. In those limited circumstances where prior notice is not practicable or feasible, we will provide notice of changes when practicable and feasible to do so. We will provide notice of recurring price changes or important changes to this Agreement by sending an email to the email address that you provide to us. We will provide you with at least thirty (30) days' notice prior to the effective date of any increases to the monthly price of your Service; revisions to any other terms and conditions shall be effective on the date noted in any email we send you. Your continued use of the Service after the price change or the change in terms takes effect means you accept the change.
Notices Regarding the Service
From time to time we may send you information relating to the Service (including information related to your password) via email to the email address that you provide. Additionally, you may receive transactional emails related to your purchase of the Service.
How we bill you
Billing on your account will begin once you sign-up for the Service and your monthly charges will be billed one month in advance. For a one time purchase or rental, we will charge your payment card at the time of your purchase or rental of the Content. We will bill your payment card on a monthly basis for your subscription service. You are expressly agreeing that we are authorized to charge the applicable fees and taxes in connection with your use of the Services to your payment card. Please note that we may not always be able to notify you in advance of changes to government taxes and fees.
If your payment card expires, you may no longer use the Service until you provide a valid payment card.
To the extent permitted by applicable law, you will not receive a refund or credit for any Content that you are not able to view or have difficulty viewing for any reason.
Your monthly subscription
When you subscribe to a monthly plan or package, your subscription will continue month to month unless and until you cancel your subscription or we terminate it. You must cancel your membership before it renews each month in order to avoid having the next month's membership fees billed to your payment card.
You may be eligible for a Free Trial
We may offer a one-month (or other period as specified at sign-up) free trial period of the monthly subscription to the Service. You are entitled to only one free trial period. Once your free trial period ends, we will automatically start billing your payment card the applicable monthly subscription fees (plus applicable taxes). Thus, you will be asked to set up a valid payment card when signing up for the free trial.
It is important to know that you may not receive a notice from us that your free trial subscription has ended or that your paying subscription has started. If you wish to avoid charges to your payment card, you must cancel your subscription to the Services plan or package prior to midnight Eastern Time on the last day of your free trial period. If you change your package during the free trial, this may end your free trial and start your paid subscription at the then current monthly rate of the package chosen.
Service Cancellation by you
If you wish to cancel your subscription Service you may do so on-line at http://redboxinstant.com/unsubscribe/.
Our right to suspend or terminate Service
We reserve the right to suspend or terminate the Service (or any part thereof), with or without notice, for any reason or no reason. Upon termination or expiration of this Agreement, you agree to cease use of and access to all Services and to immediately delete all Service software from your devices or computer.
You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof.
You may be able to post reviews and comments on our website
As part of our Service, users may have an opportunity to publish, transmit, submit, or otherwise post reviews, comments, or other materials (collectively, "User Material"). In order to keep our Service enjoyable for all of our users, you must adhere to the rules for submitting User Material, which are found on our website.
Your display of any User Material through the Service does not constitute any endorsement of such information by Redbox Instant by Verizon or its suppliers. By transmitting, uploading, posting or submitting any User Material through the Service, you agree (i) that such User Material is not confidential, secret or proprietary information belonging to you or to someone else; and (ii) that no other person has rights to the User Material and that your use, display or transmission of User Material does not violate any trademark, copyright or other intellectual property laws relating to it.
The Service is provided on an 'as is' basis. We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about the Service. We do not warrant that the Service will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by various factors such as computer/server configuration, Internet bandwidth and speed, and network/internet performance, among other factors.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Reservation of Rights with respect to all Content you receive
All Content provided by Redbox Instant by Verizon or its third party licensors on any website or other resource provided by it or downloaded through a Redbox Instant by Verizon application, including, without limitation, images, animations, previews, video programming, information services, audio, music, and text, irrespective of the manner or format in which such Content is delivered, is the property of Redbox Instant by Verizon, its affiliates or its licensors. You understand and acknowledge that your rights with respect to the Content are limited by copyright law. All rights regarding use of the Content not expressly granted in this Agreement are reserved by Redbox Instant by Verizon and/or its licensors.
We are not responsible for any third-party websites, links or services
Any web sites linked to or from the Service are not reviewed, controlled, or examined by Redbox Instant by Verizon or its suppliers and neither Redbox Instant by Verizon nor its suppliers are responsible for the contents of any such sites or any links. Redbox Instant by Verizon is not responsible for the privacy practices employed by any third party. The Service may contain content that is served by someone else or links to third party content or web sites that we do not control. Any dealings that you have with third parties in connection with the Service, including for example and not as a limitation, Internet Service Providers and device manufacturers, are solely your responsibility and you agree to indemnify, defend and hold Redbox Instant by Verizon and its officers, directors, employees, and suppliers harmless from any liability or damages arising directly or indirectly from any claims against Redbox Instant by Verizon resulting from your use of the Service or such relationships.
You acknowledge that the Service is subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Service in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials, including the export of any provided equipment, via the Service.
Limitation of Liability
You agree to limit claims against Redbox Instant by Verizon, its affiliates, employees and third-party licensors for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means you will not try to seek any indirect, special, consequential, treble or punitive damages from us. This limitation and waiver also applies if you bring a claim against one of our providers or suppliers, to the extent we would be required to indemnify the supplier for the claim.
You agree that we aren't responsible for problems caused by you or others, or by any act of God. You also that agree we aren't liable for any damages or injuries to you or your property arising out of your use of the Service, including, for example, harm relating to any device used for the Service, failures of any software we provided, or your use of the Internet. Any damages that may be payable to you will be limited under this limitation of damages.
Redbox Instant by Verizon's, including its affiliates, employees and third-party licensors aggregate liability and that of its suppliers to you for any cause of action or claim whatsoever, arising out of or relating to this Agreement, the Service, the equipment, or support services, regardless of the form of action shall be limited to an amount equivalent to any charges paid by you under the applicable Service plan or package or rentals or purchases during the 6-month period prior to when such claim arose. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of consequential or incidental damages. In these jurisdictions our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify us
You agree to indemnify and defend Redbox Instant by Verizon, its affiliates, employees, third-party licensors and its suppliers ("Indemnitees") and hold Indemnitees harmless from any damages, costs (including attorneys' and experts' fees) and liabilities incurred from any claim, lawsuit or cause of action of any sort arising from your use of the Service, or the use of the Service by others, or breach of this Agreement. In such event, you agree to conduct the defense and to control the litigation and settlement, if any; provided that you may not to agree to any judgment or enter into any settlement that adversely affects our rights or interests or requires Redbox Instant by Verizon or its suppliers to admit any liability or to pay money or offer in-kind services without our prior written consent. We agree to give you prompt notice of all claims and to cooperate in defending against the claim. THE INDEMNITEES AND YOU DISCLAIM ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Third Party Beneficiaries.
ALL LIMITATIONS OF LIABILITY, INDEMNITIES AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO REDBOX INSTANT BY VERIZON'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
You shall not use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with Redbox Instant by Verizon or its affiliates, third party licensors, providers or suppliers, or from which any association with Redbox Instant by Verizon, or its affiliates third party licensors, providers or suppliers may be inferred or implied, in any manner without the prior written permission of Redbox Instant by Verizon.
Choice of Law.
Except as otherwise required by law, you and Redbox Instant by Verizon agree that the Federal Arbitration Act and the substantive laws of the state of your billing address, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. UNLESS WE BOTH AGREE OTHERWISE, YOU AND REDBOX INSTANT BY VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
The terms and conditions of this Agreement supersede all previous agreements, proposals or representations related to the Service. You may not assign this Agreement without our prior written consent. We may freely assign this Agreement.
Any changes to this Agreement, or any additional or different terms in your orders, acknowledgments or other documents, will not be effective unless expressly agreed to in writing by us.
Any notices or demands or other communications which under the terms of this Agreement or under any statute must or may be given or made by either party shall be in writing to the respective parties as set forth herein.
Notices to you shall be to either your email or other address you provided to us. Notices shall be deemed to have been given on receipt if delivered by overnight express courier or three (3) days after delivery to the United States Postal Service if mailed.
If any of the terms or conditions in this Agreement are found to be invalid or unenforceable by a court or government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply as necessary to reflect the original intention of the parties.
Our failure at any time to enforce any provision of this Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein provided shall in no way be construed to be a waiver of such provision, right, remedy or option or in any other way affect the validity of this Agreement. The exercise by us of any rights, remedies or options provided hereunder or at law or equity shall not preclude or prejudice us from exercising thereafter the same or any other rights or remedies or options.
ARBITRATION OR SMALL CLAIMS ACTIONS.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, AND THAT ALL ISSUES RELATED TO YOUR ACCOUNT OR SERVICE CAN BE RESOLVED THROUGH OUR CUSTOMER SERVICE DEPARTMENT, WHICH CAN BE REACHED BY GOING TO HTTP://REDBOXINSTANT.COM/SUPPORT. YOU AND REDBOX INSTANT BY VERIZON BOTH AGREE TO RESOLVE ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING WITHOUT LIMITATION ANY DISPUTE BASED ON A FEDERAL OR STATE STATUTE, ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING WITHOUT LIMITATION ANY DISPUTE BASED ON A FEDERAL OR STATE STATUTE, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
UNLESS YOU AND REDBOX INSTANT BY VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S ARBITRATION RULES WILL APPLY; IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU WOULD LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN-PERSON OR BY PHONE.
THIS AGREEMENT FORBIDS CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD ALLOW THEM. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR SHALL NOT HAVE THE POWER TO DETERMINE THAT CLASS ARBITRATION IS PERMISSIBLE. THE ARBITRATOR ALSO SHALL NOT HAVE THE POWER TO PRESIDE OVER CLASS OR COLLECTIVE ARBITRATION, OR TO AWARD ANY FORM OF CLASSWIDE OR COLLECTIVE REMEDY. INSTEAD, THE ARBITRATOR SHALL HAVE POWER TO AWARD MONEY 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. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. NO AAA OR BBB RULE WILL APPLY IF IT CONFLICTS WITH THE PROVISIONS OF THIS AGREEMENT. IN ADDITION, NOTWITHSTANDING ANY CONTRARY PROVISION IN THE AAA OR BBB RULES, THE ARBITRATOR WILL BE BOUND TO APPLY LEGAL PRINCIPLES AND THE LAWS THAT GOVERN THIS AGREEMENT, AND DOES NOT HAVE THE POWER TO AWARD ANY RELIEF THAT IS NOT AUTHORIZED BY SUCH LAWS.
IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO PROVIDER SHOULD BE SENT TO NOTICEOFDISPUTE@PROVIDER.COM. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. PROVIDER WILL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, PROVIDER WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER, AS WELL AS FOR ANY APPEAL TO A PANEL OF THREE NEW ARBITRATORS (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THIS AGREEMENT).
WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DO NOT ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT IS MORE THAN OUR OFFER BUT LESS THAN $5000, OR IF WE DO NOT MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5000, THEN WE AGREE TO PAY YOU $5000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5000, THEN WE WILL PAY YOU THAT AMOUNT.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
IF FOR SOME REASON THE PROHIBITION ON CLASS OR COLLECTIVE ARBITRATIONS SET FORTH IN THIS SECTION CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND REDBOX INSTANT BY VERIZON AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND REDBOX INSTANT BY VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.