LAUNCH APRIL 1
LAUNCH APRIL 1
Version: 1.01
Last Updated: March 19, 2025
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SNAG AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
1.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Snag in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Arbitration Agreement applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
1.2 Overview of Dispute Resolution Process. Snag is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Arbitration Agreement applies: (1) an informal negotiation directly with Snag’s customer service team (described below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Snag each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
1.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least thirty (30) days prior to initiating an arbitration, you and Snag each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Snag by mailing it to Snag’s agent for service: Snag, ATTN: Arbitration, 276 5th Ave Ste 704-3203, New York, NY 10001. Snag will send its Pre-Dispute Notice to the email address associated with your Snag account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Snag username, the phone number you used to set up your Snag account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to this Arbitration Agreement. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
1.4 Agreement to Arbitrate; Delegation. You and Snag mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Snag Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Snag agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Snag agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Arbitration Agreement, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.
1.5 Exceptions to Arbitration Agreement. You and Snag each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Snag Platform or Host Services. You and Snag agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
1.6 Arbitration Forum Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement and not state law. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Rules and Expedited Resolution Procedures or such other rules as AAA may deem applicable to such dispute (“AAA Rules”). You and Snag each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration. The AAA Rules may be found at https://adr.org/, except as the selected Federal rules or AAA rules are modified by or conflict with this Arbitration Agreement. If the AAA cannot and will not administer the arbitration, you and Snag shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Snag may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
1.7 Modification of Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in New York County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $100,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.
1.8 Modification of Arbitration Rules - Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and the AAA fee schedules.
1.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
1.10 Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
1.11 Jury Trial Waiver. You and Snag acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
1.12 No Class Actions or Representative Proceedings. You and Snag acknowledge and agree that, to the fullest extent permitted by law, each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless Snag agrees in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
1.13 Mass Action Waiver. You and Snag acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Snag agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action. In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Snag from participating in a mass settlement of claims.
1.14 Modifications of Arbitration Rules - Offers of Judgment. At least ten (10) days before the date set for the arbitration hearing or submission, as the case may be, you or Snag may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
1.15 Severability. Except as otherwise provided herein, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
1.16 Amendment to Agreement to Arbitrate. If Snag amends this Arbitration Agreement or any part hereon after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Snag username, the phone number you used to set up your Snag account, your signature, and an unequivocal statement that you want to opt out of the amended Arbitration Agreement, including the version number of the Arbitration Agreement. You must email your opt-out notice to arbitrationoptout@snag.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Snag (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Snag.
1.17. Survival. This Arbitration Agreement will survive any termination of these Terms and will continue to apply even if you stop using the Snag Platform or terminate your Snag account.
