TERMS OF USE

8. INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

Laugh After Dark is a free streaming service with no subscription fees. To maintain this free service, both you and we agree to the following dispute resolution process:

1. Definition of “Dispute”: “Dispute” is broadly defined to include any conflict, claim, demand, cause of action, or controversy between you and Laugh After Dark. This can be based on contract, statute, regulation, ordinance, tort (such as fraud, misrepresentation, fraudulent inducement, negligence, or any intentional tort), or any other legal or equitable theory. This definition covers any disputes, actions, claims, or controversies related to any content, products, or services provided by Laugh After Dark, including the Laugh After Dark Services, these Terms of Use (including their applicability and compliance with the law), and any disputes related to communications between us. Exceptions include: (i) the right to file a lawsuit in small claims court, (ii) the right to seek an injunction in court regarding intellectual property rights, and (iii) the right to bring a lawsuit to determine the enforceability of specific sections.
2. Mandatory Informal Dispute Resolution Process: Before initiating arbitration or a lawsuit, both parties must first attempt to resolve disputes informally:
   1. – Notice: The party seeking to resolve a dispute must first send a written Notice of Dispute (“Notice”) to the other party by mail. This Notice should include the party’s name, address, contact information, specific details of the dispute, the related Laugh After Dark Service, and the requested relief, including a detailed calculation of any damages. If you are sending the Notice, it must also include your email address and (if different) the email associated with your Laugh After Dark account. Laugh After Dark will send its Notice to the email address associated with your account. Both parties must include a personally signed statement verifying the accuracy of the Notice’s contents. If you are represented by an attorney, your signed statement must authorize Laugh After Dark to disclose your account details to your attorney during the resolution process. The Notice must address only your individual dispute, not any disputes involving others. Notices should be sent to Laugh After Dark by email at [email protected].
   2. – Good Faith Effort to Resolve the Dispute: After receiving a completed Notice, both parties must engage in good faith efforts to resolve the dispute within 60 days (or longer if agreed upon). The recipient may request a personalized telephone or video settlement conference, which both parties will attend (with counsel if represented). Both parties will work together to schedule the conference promptly to attempt to resolve the dispute. If no resolution is reached within 60 days of receiving the Notice (or longer if agreed upon), either party may initiate arbitration or legal proceedings as outlined below.
3. Arbitration Agreement:If the dispute remains unresolved after 60 days following the informal resolution process, both Laugh After Dark (including its affiliates, agents, employees, predecessors, successors, and assigns) and you agree that the dispute will be resolved through binding, confidential, individual arbitration, rather than in court, with exceptions as noted below. Both parties waive the right to a jury trial.
4. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate:These Terms of Use involve interstate commerce, and the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration provisions. The arbitration agreement will remain in effect even after the termination of the Terms of Use. Any original action to compel arbitration under Section 4 of the FAA (or similar state law) must be filed in a state or federal court in New York City, unless otherwise required by law. If the FAA is found not to apply to any aspect of the arbitration agreement, the laws of the State of New York will govern. Any arbitration between you and Laugh After Dark will be administered by the American Arbitration Association (“AAA”) under its applicable rules, including its mass arbitration supplementary rules and fee schedule, as modified by this Section. AAA’s rules and fee schedules are available at www.adr.org. In the event of a Mass Filing, as described in Section 11.k, the arbitration will be conducted by a single, neutral arbitrator. If both parties cannot agree on an arbitrator, one will be appointed according to AAA’s rules.
5. Alternative Arbitration Provider:If AAA is not available to administer the arbitration under the rules and terms outlined in Section 11, including Section 11.k, the parties will select an alternative arbitration provider. If they cannot agree on a provider, a court of competent jurisdiction will appoint an arbitrator according to 9 U.S.C. § 5 who can conduct the arbitration consistent with these rules and terms. This Section will prevail in case of any conflict with the arbitration provider’s rules. For AAA arbitrations, the AAA’s Consumer Arbitration Rules and Optional Rules for Emergency Measures of Protection will apply.
6. Filing Fee and Costs: The initiating party is responsible for paying all arbitration filing fees. Both parties are responsible for administrative and arbitrator costs as set forth by the applicable arbitration provider’s rules, unless the arbitrator finds the claims frivolous. In that case, the claimant must reimburse the respondent for their share of administrative, hearing, and other fees resulting from the frivolous claim.
7. Claims: Both you and Laugh After Dark may only bring claims against each other in your or its individual capacity, and not as a plaintiff or class member in any class, representative, or multi-claimant action. The arbitrator cannot grant class-wide relief.
8. Arbitration Details: Arbitration will not involve a judge or jury, and court review of arbitration decisions is limited. The arbitrator must adhere to the dispute resolution process described in Section 11. Except as provided in Section 11.h, the arbitrator has exclusive authority to resolve all issues related to the dispute. The arbitrator can grant motions that resolve all or part of any claim and can award damages and relief similar to what a court might, including injunctive and declaratory relief or statutory damages, as long as they are permissible under these Terms of Use. The arbitrator will issue a written decision detailing the essential findings and conclusions, including any damages awarded. The arbitrator’s decision is final and binding.
9. Attorney’s Fees and Costs: Each party is responsible for its own attorneys’ fees incurred during arbitration unless the applicable law provides for the recovery of such fees by the prevailing party. In such cases, the awarded fees will be determined by relevant laws.
10. Limits on Relief: The arbitrator can only grant declaratory or injunctive relief to the individual party seeking it and only as necessary to address that party’s specific claim, according to applicable law and these Terms of Use. The arbitrator cannot award punitive, exemplary, multiplied, or consequential damages, or any other relief beyond what is allowed by law and these Terms of Use, including the Limitation of Liability provisions in Section 9. The arbitrator also cannot order either party to pay or take action regarding another person’s claims unless both parties give explicit consent after the arbitrator is selected. Furthermore, unless agreed otherwise by both parties or as specified in Section 11.k, the arbitrator cannot combine claims from other individuals with yours or ours or oversee any representative, multi-claimant, or class proceedings.
11. Confidentiality: Both parties agree to keep the arbitration process confidential. This includes not disclosing the existence of the arbitration, any documents exchanged, the proceedings, the arbitrator’s decision, or the amount of any award, except as necessary to prepare or conduct the arbitration. Any party with access to confidential information must agree to keep it confidential. Disclosure is permitted only for court applications for provisional remedies, to challenge or enforce an award, confirm an award, or as required by law or court order. Since the arbitration process is confidential, court confirmation of an award is only necessary if the obligations under the award are not fulfilled. Before seeking court confirmation, the party must notify the other party, and if the respondent meets the obligations within 15 business days of receiving such notice, the other party may not seek to confirm or enforce the award.
12. Severability: If any part of Section 11 is found to be invalid, unenforceable, or illegal, the remaining parts will remain in effect and be interpreted as if the invalid provisions were not included. However, if Section 11.i or 11.k, or both, are found to be invalid, unenforceable, or illegal, then the entirety of Section 11 and this paragraph will be null and void. Nevertheless, the remaining Terms of Use, including provisions on where court actions against Laugh After Dark must be pursued and the choice of governing law, will continue to apply to claims pursued in court rather than arbitration.

Court Proceedings: If a court decides that arbitration cannot be compelled for any dispute, that dispute must be addressed in state or federal courts located in New York City unless another jurisdiction is required by law. For disputes not subject to arbitration, neither party will be prevented from participating in a class-wide settlement initiated by another Laugh After Dark user or a third party.