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BET+ Legal FAQ's

Arbitration and Class Action Waiver Provisions: Frequently Asked Questions


1. What do the arbitration and class action waiver provisions in the Terms of Use Agreement mean?


You may still pursue Claims (as defined in the Terms of Use Agreement) against BSL (as defined in the Terms of Use Agreement), but (with a few exceptions) you must pursue your Claims in a binding arbitration proceeding (and not in a court) and only on an individual (and not class action) basis.


2. What is arbitration? What is a class action?


Arbitration is a process to resolve legal claims outside of court. Arbitrations are conducted by a neutral decision maker (such as a former judge) and will be administered, in this case, through the American Arbitration Association. The procedures in arbitration are generally more informal and usually faster than lawsuits in court. For example, in arbitration, there is no jury and there is limited opportunity for review or appeal of an arbitration decision. Arbitrators can grant the same kinds of relief for meritorious Claims as courts can. 


A class action lawsuit is one in which one or more named plaintiffs sue as representatives of a defined class of similarly situated individuals so long as certain requirements are met.  


By agreeing to the Terms of Use Agreement, with a few exceptions, you agree not to bring or participate in a class action and agree that all Claims will be resolved in a binding arbitration proceeding.


3. What does it mean to opt out of the arbitration and the class action waiver provisions?


If you would like to be able to pursue Claims against BSL in court (rather than in an arbitration proceeding), or participate in a class action to pursue Claims (rather than bringing Claims on an individual basis), you must submit a valid request to opt out of the arbitration and class action waiver provisions. See the "Right to Opt Out of Mandatory Arbitration and Class Action Waiver" subsection of the "Resolution of Disputes; Binding Arbitration; No Class or Representative Actions or Arbitrations" section of the Terms of Use Agreement for more information on how to submit a valid request to opt out (the Arbitration/Class Action Waiver Opt-Out Notice, as defined in the Terms of Use Agreement). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.


4. How much time do I have to opt out?


You have 45 days from the date you accepted the Terms of Use Agreement, unless a longer period is required by law.  Accordingly, you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within 45 days after you accepted the Terms of Use Agreement, unless a longer period is required by law, in which case you must submit a valid Arbitration/Class Action Waiver Opt-Out Notice within such longer period required by law.


If, for example, you first accessed the Site (e.g., downloaded a BSL app or visited a BSL website) on October 15, and thereby accepted the Terms of Use Agreement on that date, to opt out you would have to submit a valid Arbitration/Class Action Waiver Opt-Out Notice by the following November 29 (i.e., within 45 days of your acceptance of the Terms of Use Agreement).


5. If I want to opt out, do I need to do so for each BSL website, application or other interactive service I use?


No, once you submit a valid Arbitration/Class Action Waiver Opt-Out Notice, that opt out applies to all BSL websites, applications or other interactive services.


FOR CLARITY, THE ARBITRATION PROVISIONS IN THE TERMS OF USE AGREEMENT APPLY ONLY TO CLAIMS RELATING TO THE SITE AND/OR THE TERMS OF USE AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE SITE’S PRIVACY POLICY AND ALL ADDITIONAL TERMS, RULES, REGULATIONS, PROCEDURES AND POLICIES WHICH WE REFER TO IN THE TERMS OF USE AGREEMENT) AND THE SUBJECT MATTER THEREOF AND DO NOT APPLY TO CLAIMS RELATING TO ANY OTHER WEBSITES, APPLICATIONS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY ARBITRATION REQUIREMENTS, PROCEDURES, AND/OR NOTICES IN CONNECTION WITH ANY SUCH OTHER WEBSITES, APPLICATIONS OR SERVICES) FOR BET NETWORKS, ANY OTHER VII BRAND, THE AFFILIATES, OR ANY OTHER APPLICATIONS OR SERVICES.


6. If I want to opt out, do I have to do so each time I accept a new Terms of Use Agreement for any BSL website, application or other interactive service?


No, once you submit a valid Arbitration/Class Action Waiver Opt-Out Notice, you do not need to opt out of the arbitration and class action waiver provisions again for any new Terms of Use Agreement for any BSL website, application or other interactive service.


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