Terms of Service 17: Disputes; Arbitration, is completely Unethical and Should Be ILLEGAL

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#1 Posted by EpycWyn (46 posts) -

GameSpot Terms of Service Link:17. Disputes; Arbitration

"If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department at (888)274-5343, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in San Francisco, California. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 17 shall survive termination of these Terms or any subscription that you may have to any of the Services.

Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to CBS Interactive a written notice of your claim or we must send a written notice of our claim to you ("Notice"). Your Notice must (1) be sent by certified mail; (2) be addressed to: CBS Interactive, 235 Second Street, San Francisco, CA 94105Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.

Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org In circumstances in which the Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. For any non-frivolous Claim that does not exceed $50,000, CBS Interactive will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. If the arbitrator awards you damages that are greater than CBS Interactive’s last written settlement offer communicated before commencement of the arbitration, CBS Interactive will pay you the greater of $1,000 or the amount of the award."

This should absolutely be illegal in all countries, but it is not. That does not give GameSpot, nor its owner PBS, the right to engage in this immensely corrupt practice.

What this means, is that we the users cannot under any circumstance bring GameSpot to court by ourselves nor unionize against GameSpot through a Class Action lawsuit and they get to choose who presides over this case if any of us ever take legal action against them.

Let me be the first to formally state, we the users of GameSpot DO NOT agree to this arbitration, WILL CONTINUE to use this forum regardless, and NO GOOD PERSON would defend this defamation of our legal rights. I use this forum because it is an online forum I need for free speech with people I relate to. How dare GameSpot and additionally how dare CBS subject anyone to this abuse of business power.

This entire section should be abolished immediately if GameSpot as well as PBS have any sense of integrity or respect for their users, customers, and the citizens of this Earth.

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#2 Posted by JoshRMeyer (10349 posts) -

@EpycWyn: Why do you keep saying PBS? Lol

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#3 Posted by EpycWyn (46 posts) -

@joshrmeyer: I meant CBS lel. I mix them up. CBS owns GameSpot not PBS.