Blizzard Entertainment Dispute Resolution Policy

Last Revised: April 15, 2012

1. Disputes. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, the North American Battle.net Terms of Use, North American Auction House Terms of Use, or a Game End User License Agreement which incorporated this policy ("Dispute"), you and Blizzard agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Battle.net Terms of Use, Auction House Terms of Use, or a Game End User License Agreement ("Dispute") (except as set forth in Section 4 below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.

(i) Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Blizzard will send its notice to your billing address and email you a copy to the email address you have provided to us.
(ii) You will send your notice to Blizzard at Blizzard Entertainment, Inc., 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.

2. Binding Arbitration. If a Dispute cannot be resolved through negotiations, either you or Blizzard may elect to have the Dispute (except as set forth in Section 4 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Blizzard’s ability to litigate claims in court and you and Blizzard each agree to waive our respective rights to a jury trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such fees and share of arbitrator compensation to be excessive, Blizzard will pay all arbitration fees and arbitrator compensation. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Blizzard, and any award of the arbitrator may be entered in any court of competent jurisdiction.

3. Restrictions. You and Blizzard agree that any arbitration shall be limited to the Dispute between Blizzard and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

(i) A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS BETWEEN YOU AND BLIZZARD;
(ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
(iii) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY CLAIM SUBJECT TO ARBITRATION.

Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement.

4. Exceptions to Negotiations and Arbitration. You and Blizzard agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

(i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Blizzard’s intellectual property rights;
(ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
(iii) any claim for injunctive relief; and
(iv) any claim within the jurisdictional limits of the small claims courts.

5. Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal jurisdiction of that court.

6. Governing Law.

(i) Except as expressly provided otherwise, all Disputes shall be governed by and construed under the laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles.
(ii) The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

7. Severability. You and Blizzard agree that if any portion of this Dispute Policy is found illegal or unenforceable, such portion shall be severed and the remainder of this Dispute Policy shall be given full force and effect. Any Dispute subject to any such portion of this Dispute Policy shall be decided by the arbitrator.