Flipgrid Terms of Use

Last updated: August 10, 2021

 

Thank you for using Flipgrid!

We are pleased to help support your work as you ignite discussion - and use video the way your community does.

Flipgrid, Inc., a subsidiary of Microsoft Corporation, ("Flipgrid," "we," "our," or "us") provides a collaborative platform on the Flipgrid.com website, the Flipgrid mobile app ("App"), and any associated services (collectively, the "Service"). You accept these terms of use ("Terms") by creating an account on this Service or by otherwise accessing or using the Service.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Service or updating the date at the top of these Terms. Unless we say otherwise in our notice, the updated Terms will be effective immediately, and your continued use of our Service after we provide such notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you must stop using our Service. Please read these Terms carefully, including the binding arbitration clause and class action waiver in Section 13, which affects how disputes are resolved. If you do not agree to these Terms, do not use our Service.

 

Flipgrid welcomes you to its platform. You may access the Service using your personal email address or an email address provided to you by your organization. Depending on the role you play when using the Service, you may be able to create and/or manage “Topics” and “Groups.” Learn more about Topics and Groups here.

 

The following are different roles that you may play as you access the Service:

 

Lead

 

A “Lead” initiates and manages Groups and Topics and manages and sets permissions for Member and Guest videos and text within those Group(s) and Topics. Leads using the Service with an email address provided by their affiliated organization, such as an educational institution or organization or other educational business (a “School”), represent and warrant that they have the legal authority to bind their organization to these Terms and agree that their use of the Service may be subject to additional terms between Flipgrid and the relevant organization. Such Leads are referred to as School Leads. School Leads accept Flipgrid’s Terms and Privacy Policy on behalf of their Student Members. They are also responsible for obtaining parental consent for any Members who are minors in their country. Specific responsibilities of School Leads are described in Section 4 of these Terms.

 

Go here to learn more about Getting Started as a Lead.

 

Co-Lead

 

A “Co-Lead” helps Leads manage their Group(s) by adding students, creating, and managing Topic(s), and providing student feedback. Co-Leads do not have the ability to invite other Co-Leads to the Group or delete any user generated content. Co-Leads using the Service with an email address provided by their School are referred to as “School Co-Leads.” 

 

Go here to learn more about Getting Started as a Co-Lead. Learn more about Topics and Groups here

 

Member

 

A “Member” is invited to participate in Groups and Topics via a join code provided by a Lead, such as a student invited by his/her School teacher (a “Student Member”). Members can create and manage their own videos and text within a Group or Topic. Members cannot create Groups but may create Topics if the Lead grants them this privilege.

 

Go here to learn more about Getting Started as a Member.

 

Guest

 

A Guest is invited to participate in Topics via a join code and guest password provided by a Lead. Guests can create and manage their own videos and text within a Topic.

 

Go here to learn more about Getting Started as a Guest.

 

As used in these Terms, "User" is any user of the Service, including Leads, Members, and Guests.

 

If you are a User who is under 18 years old (or the age of legal majority where you live), you may use the Service only with the permission of a parent or legal guardian who agrees to be bound to these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority where they live), then you agree to be bound by these Terms with respect to that User’s use of the Service.

 

Further, individuals under the age of 13 or the age where parental consent is required for use of the Service under applicable law (individually, a “Child” and collectively, “Children”) may not, under any circumstances or for any reason, use the Service, except as permitted below:

 

  • Student Members of any age, including Student Members who are Children, may only use the Service at the invitation and under the supervision of a School Lead who has agreed to these Terms.
  • Other Members who are Children, may only use the Service after their parent or legal guardian provides consent to us in accordance with applicable law.

 

No User may use our Service if you have previously been removed or suspended from the Service.

We value the privacy of our Users. Please read our Privacy Policy to learn more about what information we collect and how we use, share, and otherwise process that information.

3.1. Account Creation and Deletion. Only Leads register for an account on our Service. If you register for the Service as a Lead, we will ask you to provide certain information about yourself. You agree not to provide any false, inaccurate, or misleading information when signing up for your account. You must keep this information up to date. You may delete your account at any time and for any reason by following the instructions on the Service and then uninstalling the App. If you have trouble deleting your account, you can also contact us at Flipgrid Help for assistance.

 

3.2. Account Responsibilities. To protect your account, keep your account details and password confidential, as you are responsible for activities that occur under your account. Except as permitted in Section 4, Leads agree not to provide join codes to Members or Guests under the age majority in their jurisdictions.

4.1 Responsibilities for School Leads. School Leads have additional responsibilities to their Student Members, who are Children. If you are a School Lead, you agree to the following:

 

(a) You are responsible for the use of the Service by your Student Members and shall ensure that each of your Student Members complies with the Flipgrid Code of Conduct.

 

(b) You consent to Flipgrid’s collection and use of personal information from your Student Members, as described in our Privacy Policy.

 

(c) You represent and warrant that you have: (i) the authority to consent to our collection and use of personal information from your Student Members; (ii) provided privacy notices and obtained consents as required by your School’s policies and applicable law, including but not limited to the Children’s Online Privacy Protection Act ("COPPA") and the Family Educational Rights and Privacy Act (“FERPA”); and (iii) filed evidence of such consents (including verifiable parental consents) with your School administrator before using the Service.

 

(d) You are solely responsible for responding to requests from parents and Student Members to review, delete, correct, take down, transfer or update Student Member personal information or Student Member User Content in accordance with applicable laws and your School’s policies. You are responsible for notifying Flipgrid if a parent or legal guardian revokes parental consent required to process personal information about a Student Member.

 

(e) You represent and warrant that you will use the Service and the personal information collected from Student Members in connection with the Service in accordance with applicable laws, our Privacy Policy, these Terms, and your School’s policies.

 

(f) You may not publicly post Groups or Topics containing Student Member User Content. If you invite Guests to participate in your Groups or Topics, you are solely responsible for obtaining any additional consents required to permit Student Member User Content and Student Member personal information to be shared with those Guests.

 

(g) You are responsible for any User Content provided by or collected from your Student Members. Questions about possession, control, or transfer of Student Member User Content should be directed to the School Lead.

5.1 User Content. The Service allows Users to create, post, share and store content, including but not limited to Topics, text, videos, and other material (collectively, "User Content"). You may not create, post, store or share any User Content that violates these Terms. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Flipgrid. Except as described in Section 4.1(g), you are solely responsible for any User Content you create, post, share or store through the Service. We use best practices to back up User Content, but we cannot guarantee that User Content will be available in the event it is intentionally or accidentally deleted by another User, so we recommend you backup your User Content regularly.

 

5.2 License. To the extent necessary to provide the Service to you and others and to protect you and the Service, you grant to us a worldwide and royalty-free intellectual property license to use, view, download, reproduce, modify, create derivative works of, make copies of, retain, transmit, reformat, display, and distribute via communication tools your User Content on the Service. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your User Content that is uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Content will not violate any law or rights of others. With respect to User Content, the above licenses terminate within a commercially reasonable time after your videos are removed or deleted from the Service.

 

5.3 Confidentiality. As Users are able to share User Content outside the Group or Topic to which it was submitted, Flipgrid does not guarantee confidentiality with respect to your User Content.

 

5.4 Code of Conduct.

 

By using the Service, you are agreeing to follow these rules:

 

(a) Don’t do anything illegal. Don’t help others break these rules.

 

(b) Don’t engage in any activity that exploits, harms, or threatens to harm children.

 

(c) Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

 

(d) Don’t publicly display or use the Service to share inappropriate content or material (involving, for example, pornography, offensive language, graphic violence, or criminal activity).

 

(e) Don’t engage in activity that is fraudulent, false or misleading (e.g., impersonating someone else, manipulating the Service to increase play count, or affect comments).

 

(f) Don’t circumvent any restrictions on access to or availability of the Service (e.g., giving false information in order to be able to use the Service, probe, scan, or test the vulnerability of our Service, systems, or network).

 

(g) Don’t engage in activity that is harmful to you, the Service, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).

 

(h) Don’t infringe upon the rights of others (e.g., unauthorized sharing or use of videos, copyrighted music or other copyrighted material, comments, and/or media, violating the intellectual property rights or privacy of others or collecting or harvesting any information that might identify a person).

 

(i) Don’t share any login information associated with any account you use to access our Service. Accordingly, you are responsible for all activities that occur under your account.

 

(j) Don’t use student information for marketing or advertising purposes.

 

(k) Don’t use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract any other User’s information within Flipgrid.

 

5.6 Enforcement. We may (but have no obligation to) review any User Content. Notwithstanding the fact that we have no obligation to monitor the User Content on the Service, we reserve the right in our sole discretion to, at any time for any reason (a)block, delete, limit, restrict access to, remove, or modify your information, including your User Content; and (b) suspend or terminate your account, and refuse any current or future use of the Service (or any portion thereof). We will not be liable to you or any third party for taking either of these actions. We may also investigate and/or take appropriate action against you for violating these Terms or for otherwise creating liability for us or any other person, such as by reporting you to law enforcement authorities. If you have questions about an enforcement action, you can submit a case review inquiry at Flipgrid Help.

 

5.7 Deletion of User Content. You may delete your User Content on the Service by following the instructions provided on the Service or in our communications. Members (and their parents, if applicable) can also ask their Lead to correct, edit, delete, or update their Member information and User Content. If you have trouble deleting User Content, you can contact us at Flipgrid Help for assistance.

6.1 License. Subject to compliance with these Terms we grant you a non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use and access, solely for classroom or other noncommercial use: (a) the software in the App on any compatible device that you own or control, and (b) other aspects of the Service.

 

6.2 Certain Restrictions. To protect the distribution of the Service, we must outline certain limitations on the licensed rights we grant to you. You shall not:

 

(a) download, copy, reproduce, transmit, broadcast, display, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any Flipgrid Content (as defined below) on the Service;

 

(b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;

 

(c) access the Service in order to build a similar or competitive website, app, product, or service;

 

(d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service in any form or by any means;

 

(e) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;

 

(f) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent;

 

(g) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;

 

(h) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or

 

(i) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained.

 

6.3 Service Availability; No Support. We have no obligation to provide you with any support or updates in connection with the Service. The Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.

 

6.4 Ownership. The Service is the sole property of Flipgrid or its affiliates and is protected by U.S. and foreign copyright laws, patents, trademarks, trade secret, and other laws. As between you and Flipgrid, all content, software, images, text, graphics, illustrations, patents, copyright, audio, music on and “look and feel” of the Service, and all intellectual property rights related thereto (the “Flipgrid Content”), are either owned or licensed by Flipgrid, it being understood that you will own any User Content (as defined above) you upload or transmit through the Service. Use of the Flipgrid Content for any purpose not expressly permitted by these Terms is strictly prohibited. Our name, logo, and the product names associated with the Service belong to us or our suppliers, and no right or license is granted to you or any third party to use them. We and our suppliers reserve all rights not expressly granted in these Terms.

 

6.5 Feedback. We love getting your feedback! If you give to Flipgrid any idea, proposal, suggestion, or feedback, including technologies and product improvements ("Feedback"), you give to Flipgrid, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Flipgrid to license its software, technologies, or documentation to any third party because we include your Feedback in them.

The availability of the App is dependent on the App Store from which you received the App. These Terms are between you and Flipgrid and not with the App Store. The App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Flipgrid is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App to you. To the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We, and not the App Store, are responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to:

 

(1) product liability claims;

 

(2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and

 

(3) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App infringes a third party’s intellectual property rights, we, and not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that:

 

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

 

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies and the usage rules) when using the App. If the App Store terms conflict with these Terms, the more restrictive terms applies. The App Stores and their subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, the App Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you accordingly.

We do not control or direct what Users do or say or how they interact with you or each other, and we are not responsible for activity by Users on or off the Service or any User Content they create or share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Your interactions with other Users are solely between you and such Users, and we will not be responsible for any loss or damage incurred as the result of any such interactions.

 

FLIPGRID, MICROSOFT CORPORATION AND OUR AFFILIATES, (COLLECTIVELY, THE “FLIPGRID PARTIES”), MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICE ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. THE FLIPGRID PARTIES DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from the Flipgrid Parties, direct damages up to an amount equal to your Service fee for the month during which the loss or breach occurred (or up to $10.00 if the Service is free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Service, or the software related to the Service.

These Terms will remain in effect while you use the Service. Upon termination, your account will close immediately, and/or your right to access and use the Service will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, release and binding arbitration and class action waiver.

11.1 Notices of Infringement. Flipgrid respects the intellectual property of others and asks that Users do the same. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.

 

Flipgrid uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, we may also disable or terminate accounts of users of the Service who may be repeat infringers.

 

11.2 Copyright Notice. The Service is copyright © 2018 Microsoft Corporation and/or its affiliates or suppliers. All rights reserved.

12.1 Venue, Choice of Law, and Choice of Language. Any dispute arising from these Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Service that are heard in court (excluding arbitration and small claims court). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The English version of these Terms shall govern, and any proceedings related to actions based on these Terms shall be conducted in English.

 

12.2 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You shall not export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Flipgrid, or any products utilizing such data, in violation of U.S. export laws or regulations.

 

12.3 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

12.4 Miscellaneous. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Service. This is the entire agreement between you and us for your use of the Service. It supersedes any prior agreements between you and us regarding your use of the Service. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will not change.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

 

13.1 Here is what you need to know about arbitration under these Terms:

 

(a) Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Service, the software related to the Service, the Service’s or software’s price, your account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

 

Disputes concerning Snap Camera, a lens, or any other Snap-licensed feature or software made available through the Service are covered disputes, and section 13 applies.

 

For section 13, “we,” “our,” and “us” includes Flipgrid, Microsoft, Snap Inc., and their affiliates. Snap Inc. and its affiliates (“Snap”) are third-party beneficiaries of this agreement to resolve disputes through informal negotiation and arbitration and agree to do everything Flipgrid and Microsoft agree to do in section 13.

 

(b) Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. (or to Snap at 3000 31st Street, Suite C, Santa Monica, CA 90405, U.S.A.) Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

 

(c) Small Claims Court Option. Instead of mailing a Notice of Dispute, if you meet the court’s requirements you may sue us in small claims court in your county of residence (or, if a business, your principal place of business), or (i) King County, Washington, if your dispute is with Flipgrid or Microsoft, or (ii) Los Angeles, California if your dispute is with Snap.

 

(d) Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Service for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Service, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business), or in (i) King County, Washington if your dispute is with Flipgrid or Microsoft, or (ii) Los Angeles, California if your dispute is with Snap. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

 

(e) Arbitration Fees and Payments.

 

(i) Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an "award"), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.

 

(ii) Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

 

(f) Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

 

(g) Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 13.1 (a), above) within one year from when it first could be filed. Otherwise, it’s permanently barred.

 

(h) Rejecting Future Arbitration Changes. You may reject any change we make to section 13 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 13.1(b). If you do, the most recent version of section 13 before the change you rejected will apply.

 

(i) Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 13 is found to be illegal or unenforceable, that provision will be severed but the rest of section 13 still applies.