Terms and Conditions
Last Updated: January 12, 2026
I. Introduction and Eligibility
Thank you for visiting the LA28 website. Please read these Terms of Use (“Terms”) carefully before using the Services (defined below). This Website (defined below) is owned and operated by the Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028 and its affiliates (“LA28”, “we”, “our”, “us”). Your access to and use of the Services is subject to the following Terms and all applicable laws.
These Terms include LA28’s Privacy Policy, which is incorporated into these Terms.
a. Binding Agreement. These Terms constitute a binding agreement between you and LA28. “You” and “users” means all visitors to the Services. You accept these Terms each time you access the Services. If you do not accept these Terms, you must not use the Services.
b. Revisions to Terms. We may revise these Terms at any time by posting an updated version; provided, however, that we will endeavor to provide you with notice of any material changes to these Terms. We will update the “Last Updated” date at the top of this page when we update these Terms. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Services after a change to these Terms constitutes your binding acceptance of these Terms.
c. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. SECTION XII OF THESE TERMS REQUIRES, AMONG OTHER THINGS, THAT ALL DISPUTES WITH LA28 AND/OR ARISING OUT OF OR RELATING TO THESE TERMS BE RESOLVED ON AN INDIVIDUAL BASIS, WITH LIMITED EXCEPTIONS, AND THROUGH FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. IF YOU WANT TO OPT OUT OF THE ARBITRATION AGREEMENT, THE ARBITRATION PROVISIONS CONTAINED IN SECTION XII DESCRIBE THE PROCEDURE YOU MUST FOLLOW TO DO SO. THE ARBITRATION PROVISIONS ALSO INCLUDE ADDITIONAL TERMS REGARDING MASS FILINGS.
II. The Services
a. The “Services” means, collectively, the LA28 website: https://la28.org and all subdomains (the "Website"), mobile applications, or other digital services that LA28 makes available to you.
b. The terms “Post” and “Posting” as used in these Terms means the act of submitting, uploading, publishing, displaying, or similar action on the Services.
III. Eligibility to Use the Services
a. Children. No part of the Services is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. YOU MAY NOT DOWNLOAD ANY LA28 CONTENT FROM THE SERVICES OR SUBMIT ANY PERSONAL INFORMATION (AS DEFINED BELOW) OR USER CONTENT TO THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE.
b. Agent of a Company, Entity, or Organization. If you are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
i. Are an authorized representative of that Organization;
ii. Have the authority to bind that Organization to these Terms; and
iii. Agree to be bound by these Terms on behalf of that Organization.
iv. You represent and warrant that the information you provide to LA28 upon the use of the Services and at all other times will be true, accurate, current, and complete.
IV. Communications
LA28 may communicate with you by email, by posting a notice on the Services, or through other means as permitted by applicable law.
Electronic Notices. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.
V. Content Ownership and Use
a. LA28 Content. The contents of the Services include: designs, text, graphics, images, photographs, video, information, logos, button icons, software, technology, applications, links, audio, computer code, and other content or materials included or displayed in or through or generated from the Services, and any improvements to or derivatives of the foregoing, that are owned or controlled by LA28 (collectively, “Company Content”). LA28 or its licensors own all right, title and interest in or otherwise control all Company Content, as well as the compilation (meaning the selection, collection, arrangement, and/or assembly) of all Company Content, as well as any and all intellectual property and proprietary rights in or to such Company Content (including goodwill) and such Company Content is protected under copyright, trademark, and other laws.
i. License to You. We authorize you, subject to these Terms, to access and use the Services and the Company Content, and to download and install any apps, solely for your personal, noncommercial use of the Services we provide, at our discretion. Any other use is expressly prohibited. This license is revocable at any time by LA28 with or without notice and with or without cause. Unauthorized use of the Company Content may violate copyright, trademark, and applicable regulations and statutes and is strictly prohibited.
ii. Restrictions. You may not use, copy, reproduce, translate, publish, perform, republish, upload, transmit, display, exploit, license, sublicense, make derivative works of or distribute material made available on or through the Services, including but not limited to content owned or controlled by LA28, third parties, or users, in any way without prior written permission of the intellectual property right owner(s). You may not download or copy materials that we do not make expressly available, in writing, for download or copying without our prior written permission. Unauthorized modification of materials obtained from the Services for any purpose is a violation of applicable copyrights and/or other proprietary rights or those of our licensors.
b. No Implied Rights. There are no implied licenses granted in these Terms. All rights not granted herein are expressly reserved by us, our licensors, or the intellectual property right owner of any content.
c. Company Marks. LA28, the LA28 logo, and other LA28 logos and product and service names are or may be our trademarks (the “Company Marks”). Without our prior written permission you agree not to display, copy, exploit or otherwise use in any manner the Company Marks.
VI. Copyright/Intellectual Property Policy
Tell us if you think a user has violated your copyright using the Services, or if you think someone incorrectly reported that you violated his or her copyright.
a. LA28 respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Services. Without waiver of any rights available under applicable law, LA28’s intellectual property policy is to remove or disable access to material that LA28 believes in good faith, within a reasonable time after notice from an intellectual property owner or its agent, is infringing the intellectual property of a third party by being made available through the Services, and (ii) remove or disable access to any content available through the Service that is posted by “repeat infringers.” Company considers a “repeat infringer” to be any user which has made content or Submissions (as defined below) available through the Service and for whom Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such content or creative ideas. LA28 has discretion, however, to terminate the account of any user, for any lawful reason, including but not limited to after receipt of a single notification of claimed infringement or upon LA28’s own determination
b. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. LA28 may share your Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you consent to LA28 making such disclosure. Your communication must include substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a list of such works;
iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LA28 to locate the material;
iv. Information reasonably sufficient to permit LA28 to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
c. Designated Agent Contact Information. LA28’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E mail: copyright@la28.org
Via U.S. Mail: LA28
Attn: Copyright—DMCA Agent
LA28
1150 S. Olive St., Suite 700
Los Angeles, CA 90015
d. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of LA28 relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
LA28 reserves the right to seek damages from any party that submits a notification under this Section in violation of the law, as well as all available legal remedies.
VII. Suggestions and Submissions
We appreciate your comments, but please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to LA28 or any of its directors, officers, employees, contractors, or agents.
The purpose of this policy is to avoid potential misunderstandings or disputes when LA28’s strategies might seem similar to ideas submitted to it. If, despite our request that you not send us your ideas, you send us Submissions, then regardless of what your letter says, we will:
1. Own, exclusively, all now known or later discovered rights to the Submission;
2. Not be subject to any obligation of confidentiality and shall not be liable for any use, modification, or disclosure of any Submission; and
3. Be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation or attributions to you or any other person.
Additionally, you represent and warrant that such Submissions do not violate the intellectual property rights of any third party, including but not limited to the International Olympic Committee and the International Paralympic Committee.
VIII. Third Party Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Services or content available on the Services.
a. The Services may include content from third party websites or social media services, such as YouTube, Facebook, Twitter or Instagram, or the websites of our commercial sponsors (“Third Party Sites”), pursuant to the terms of third party API licenses and their terms of use. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications, including but not limited to features, content, advertising, products, or other materials embedded on our Services. You accept that any reliance on material available from third-parties through the Services will be at your own risk. By using the Services, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
b. You agree to use the Services only for their intended purpose. You must use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. You must comply with the following:
i. You may access the Services solely as intended through the provided functionality of the Services and as permitted under these Terms.
ii. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Services without LA28’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without LA28’s express written consent:
A. Altering, defacing, mutilating or otherwise bypassing any approved software through which the Services is made available; and
B. Using any trademarks, service marks, design marks, logos, photographs or other content belonging to LA28 or any third parties or otherwise obtained from the Services.
iii. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Services designed to control the manner in which the Services are used, harvest or mine Company Content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage.
iv. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Services, including any Company Content available on or through the Services, or attempt to do any of the foregoing, except and solely to the extent these Terms permit, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as LA28 intends.
v. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Services, including any Company Content available on or through the Services, or any portion thereof, through any other application or website, unless and solely to the extent LA28 makes available the means for embedding any part of the Services or Company Content.
vi. You agree not to access, tamper with, or use LA28’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of LA28’s providers.
vii. You agree not to spam, bully, harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including LA28 employees and other users.
viii. You agree not to solicit, or attempt to solicit, Personal Information from other users.
ix. You agree not to restrict, discourage or inhibit any person from using the Services, disclose Personal Information about a third person obtained from the Services without the consent of such person, or collect information about users.
x. You agree not to gain unauthorized access to the Services or to other computers or websites connected or linked to the Services.
xi. You agree not to transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services.
xii. You agree not to interfere with or disrupt the Services, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.
xiii. You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
xiv. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, or express or imply that we endorse any statement that you make.
xv. You agree not to assist or permit any persons in engaging in any of the activities described above, or in any other activity that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services.
We may investigate potential violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities or other third parties in investigating and prosecuting such violations. A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
c. Section 1542 Waiver. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
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.
IX. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Services.
We reserve the right to prevent access to the Services for any reason, at any time, at our discretion. We reserve the right to refuse to provide the Services to you in the future.
LA28 may review and remove any content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
X. Company’s Liability
We are not liable for the actions of users when they use the Services. We may also change the Services at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Services or other websites.
a. Changes to the Services. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
b. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release LA28 of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.
c. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
d. Third-Party Sites. The Services may include links to websites and applications operated by third parties, which may include but are not limited to social media services such as YouTube, X, Facebook, or Instagram, or the websites of our commercial sponsors. Similarly, we may include content from these services or other sites on our Services, pursuant to the third party terms of use. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk, and we disclaim all liability arising from your use of them.
e. Disclaimer of Warranties.
You use the Services at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (“RELEASED PARTIES” INCLUDE LA28 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.)
f. Limitation of Liability.
We are not liable for anything that happens to you that may be connected to your use of the Services. If you use the Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF LA28 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THROUGH THE SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
g. Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Company Content (whether or not authorized by us), or (iii) your breach of these Terms, including any representations or warranties contained herein. We will provide notice to you promptly of any such claim, suit, or proceeding.
XI. General Terms
These Terms constitute the entire agreement between you and LA28 concerning your use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XII. Arbitration, Class Waiver, and Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PARTICIPATE IN A CLASS ACTION. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION AS SET FORTH BELOW.
a. Dispute Resolution. For purposes of this Section, references to “LA28” refers to LA28, each of its present, former, and future parent companies, subsidiaries, divisions, units, and affiliates, and each of its successors and assigns, as well as the past or present beneficial owners, officers, directors, fiduciaries, agents, attorneys, representatives, and employees of each of the foregoing. References to “us” include you and LA28.
You and LA28 agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs this agreement to arbitrate including its interpretation, its enforcement, and arbitrations brought under it. In no event will the procedural rules of any state’s or foreign country’s arbitration act apply.
i. Definition. For purposes of this Section, “Dispute” is defined as a dispute, claim, or controversy in any way related to these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other statutory or common-law legal theory. Dispute shall be interpreted broadly and include but not be limited to: claims arising out of or relating to any aspect of the relationship between us; claims that arose before entering into these Terms or any prior agreement between us (including, but not limited to, claims relating to advertising); claims for mental or emotional distress or injury; claims for physical injury or property damage; claims that are currently the subject of purported class action litigation, or that may become the subject of such litigation, in which you are not a member of a certified class; and claims that may arise after the termination of these Terms. Notwithstanding the foregoing, Dispute shall not encompass disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets, which are not subject to the Pre-Dispute Resolution Process, small claims court, and arbitration provisions set forth below.
ii. Pre-Dispute Resolution Process. Before initiating a proceeding in arbitration or small claims court, you or LA28 must give the other party notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Notice of Dispute) or by an LA28 representative (if LA28 is initiating the Notice of Dispute). The Notice of Dispute must contain all of the following information: (a) your name, contact information (address, telephone number, and email address); (b) a description of the nature and basis of the Dispute; and (c) a description of the nature and basis of the relief sought, including a calculation for any monetary relief sought. You must send any such Notice of Dispute to LA28 via email to legal@la28.org. LA28 must send any such Notice of Dispute to you via email at the contact information LA28 has on file for you. LA28 and you will attempt to resolve the Dispute through informal negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties in writing).
You and LA28 shall use reasonable, good faith efforts to resolve the Dispute through consultation, cooperation, and good faith negotiations. If you or LA28 requests a telephonic or video settlement conference as part of this informal process, you and LA28 agree to participate in an effort to resolve the Dispute. Should LA28 make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, LA28 agrees to have a representative attend this conference (with counsel, if LA28 is represented). Neither you nor LA28 may initiate an arbitration, small claims court proceeding, or other proceeding concerning a Dispute absent full compliance with this Pre-Dispute Resolution Process. If the sufficiency of a Notice of Dispute or compliance with this Pre-Dispute Process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding shall be stayed. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines shall be tolled while you and LA28 engage in this informal process.
After completion of this Pre-Dispute Resolution Process, you and LA28 may resort to the other procedures described in this Section.
b. Waiver of Class and Other Non- Individualized Relief. You and LA28 agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, private attorney general, or representative proceeding. This means that you and LA28 may not bring a claim on behalf of a class or group, nor on behalf of any other person unless doing so as a parent of a minor, a guardian, or in other similar capacity for an individual who cannot otherwise bring their own individual claim. Nothing in this Section prevents you or LA28 from participating in a class-wide settlement.
c. Small Claims Court. Either party may seek to resolve a Dispute in small claims court, if it qualifies. If you reside in the United States, any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside may be brought in that court on an individual basis. If you reside outside of the United States, any Dispute that falls within the jurisdictional scope and limits of a California small claims court may be brought in such a California court on an individual basis and you hereby consent to personal jurisdiction in such court for the purpose of resolving the Dispute. If brought in a small claims court, such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The party initiating the small claims court proceeding shall submit a certification of compliance with the Pre-Dispute Resolution Process referenced above to that court. The certification shall be personally signed by that party (and counsel, if represented). If a Dispute qualifies for small claims court, but a party commences an arbitration proceeding as outlined below, either party may elect to instead have the Dispute resolved in small claims court, and upon written notice of a party’s election, the applicable arbitrating body will administratively close the arbitration proceeding.
d. Arbitration. Except as otherwise provided herein, any Dispute that is not resolved through the Pre-Dispute Resolution Process shall be resolved by binding arbitration. The arbitration will be conducted by a single neutral arbitrator and will take place in Los Angeles, California, unless otherwise required by law. The federal or state law that applies to these Terms will also apply during the arbitration. You and LA28 both agree to submit to the exclusive and personal jurisdiction of any state or federal court in Los Angeles County, California to (i) compel arbitration, stay proceedings pending arbitration, appoint an alternate arbitration administrator if necessary, confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, or (ii) exercise any other authority specifically reserved herein to be decided by a court of competent jurisdiction.
We each also agree as follows:
i. Statute of Limitations. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST MAKE ANY DEMAND FOR ARBITRATION UNDER THESE TERMS WITHIN ONE (1) YEAR AFTER THE BASIS FOR SUCH CLAIM AROSE OR COULD REASONABLY HAVE BEEN DISCOVERED. OTHERWISE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH DISPUTE, EVENTS, OR FACTS, AND SUCH CLAIMS OR CAUSES OF ACTION ARE PERMANENTLY BARRED.
ii. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at “www.namadr.com.” If NAM is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternate arbitration administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate arbitration administrator that will do so.
iii. The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this Section. You may obtain a form to initiate arbitration at “https://www.namadr.com/content/uploads/2024/09/Revised-Comprehensive-Demand-for-Arb-9.17.24.pdf” or by contacting NAM. If you are initiating arbitration, you shall serve the demand on LA28 via email to legal@la28.org. If LA28 is initiating arbitration, LA28 shall serve the demand via email to the email address LA28 has on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). The arbitration demand must include or be accompanied by (i) a certification, signed by the party initiating arbitration and their counsel, if represented, that the parties have completed the Pre-Dispute Resolution Process, and (ii) a copy of the Notice of Dispute that was sent to initiate such Pre-Dispute Resolution Process. By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
iv. The NAM Rules shall govern the payment of all arbitration fees. Notwithstanding the foregoing, LA28 will consider a request to reimburse your portion of the arbitration fees upon a showing of hardship in its sole discretion. You and LA28 agree that arbitration is designed to be cost-effective for all parties. Either party may engage with NAM to discuss fee reductions and deferred payments.
v. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE EXCEPT THE FOLLOWING ITEMS, WHICH ARE FOR A COURT OF COMPETENT JURISDICTION TO DECIDE: (A) ISSUES THAT ARE SPECIFICALLY RESERVED FOR A COURT ELSEWHERE IN THIS SECTION; AND (B) WHETHER A DISPUTE FALLS WITHIN THE JURISDICTIONAL SCOPE AND LIMITS OF A SMALL CLAIMS COURT. FOR THE AVOIDANCE OF DOUBT, ISSUES RELATED TO THE FORMATION, SCOPE, AND ENFORCEABILITY OF THE ARBITRATION AGREEMENT, AND WHETHER A DISPUTE CAN OR MUST BE BROUGHT IN ARBITRATION, ARE SPECIFICALLY DELEGATED TO AND RESERVED FOR THE ARBITRATOR TO THE FULLEST EXTENT POSSIBLE.
vi. The arbitrator may award relief, including monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The parties agree that these Terms govern and that the arbitrator is authorized to award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The parties also agree that the cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply after entry of an award. Unless you and LA28 otherwise agree, one person’s claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that determination have been exhausted (or it is otherwise final), you and LA28 agree that any claim or request for public injunctive relief shall be stayed and resolved by the court pending arbitration of the remaining claims and requests for relief.
vii. The arbitrator is permitted, upon a showing of good cause, to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed, except in connection with the arbitration or a proceeding to confirm or vacate the arbitration award, and may order that any permitted court filing of confidential information must be made under seal.
viii. The arbitrator’s decision will be in writing and be binding and conclusive on LA28 and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction; however, any award that has been satisfied may not be filed or entered in court. The arbitrator’s decision shall have no preclusive effect in any proceeding involving non-identical parties.
ix. LA28 and you agree that dispositive motions, including, without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration.
x. Each party reserves the right to request a telephonic, video, or in-person hearing in arbitration. Should either party request a hearing, a hearing shall be held. You or your counsel (if represented) and LA28’s representative or counsel shall appear at any hearing requested by a party or otherwise ordered by the arbitrator. The arbitration will be conducted by a single neutral arbitrator and will take place in Los Angeles, California, unless otherwise required by law. The federal or state law that applies to these Terms will also apply during the arbitration.
xi. Additional Procedures for Mass Filings. The following additional procedures apply to mass filings. If twenty-five (25) or more similar claims are asserted against LA28 by the same or coordinated counsel or are otherwise coordinated, consistent with the definition and criteria of a Mass Filing set forth in the NAM Rules, you and LA28 understand and agree that these additional procedures shall apply and the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing to increase efficiencies and resolve claims.
Stage One. Counsel for the claimants and counsel for LA28 shall each select fifty (50) claims per side to be filed and to proceed in individual arbitrations as part of a staged process. Each case shall be assigned to a different arbitrator unless the parties agree otherwise. If there are fewer than one hundred (100) claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any administrative fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and LA28 shall pay the mediation fee. If the parties cannot agree on a mediator, the parties shall ask NAM to appoint one. The mediation shall take place in Los Angeles County, California.
Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for LA28 shall each select one hundred (100) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. No more than two (2) cases may be assigned to a single arbitrator unless the parties agree otherwise. If there are fewer than two hundred (200) claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any administrative fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and LA28 shall pay the mediation fee. If the parties cannot agree on a mediator, the parties shall ask NAM to appoint one. The mediation shall take place in Los Angeles County, California.
Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), the parties agree to proceed in accordance with one of two options:
Option One. You and LA28 may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to LA28 via email to legal@la28.org within thirty (30) days after the conclusion of the second global mediation session. LA28 may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel via email at the earliest possible time and no more than thirty (30) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.
Option Two. If neither you nor LA28 elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved through continuing staged proceedings as set forth below. Assuming the number of remaining claims exceeds two hundred (200), then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than two hundred (200), then all of those claims shall be filed and proceed in individual arbitrations. No more than five (5) cases within any set of two hundred (200) cases may be assigned to the same arbitrator to proceed individually, unless the parties agree otherwise in writing. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any administrative fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this staged process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and NAM to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
You and LA28 agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine disputes between us. You and LA28 acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims.
A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations. If these Additional Procedures for Mass Filings apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms.
e. Opt-Out of Arbitration. You have the right to opt out of arbitration by sending LA28 a personally signed, written notice of your decision to opt out via email to legal@la28.org within thirty (30) days of entering these Terms. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include: (a) your full name; (b) your mailing address; (c) your phone number; and (d) a clear statement that you wish to opt out of arbitration. If you opt out of arbitration, LA28 also will not be bound to arbitrate. By opting out of arbitration, you nevertheless agree to resolve any Disputes consistent with applicable provisions of these Terms. If you do not provide timely and sufficient notice of your election to opt out, you shall be bound to arbitrate any Disputes in accordance with the terms of these provisions.
f. Equitable Relief. The foregoing provisions of this Section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents.
g. Claims. You and LA28 agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
h. Improperly Filed Claims. All claims you bring against LA28 must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, LA28 may recover attorneys’ fees and costs up to $5,000, provided that LA28 has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
i. Modifications. LA28 reserves the right to change or modify any clause in this Section and shall provide you with notice of any change in a form chosen at LA28’s discretion. You agree that such notice is sufficient. No change will apply retroactively. If LA28 makes a change (other than to the notice address), you may reject any such change by sending LA28 a personally signed, written notice of your decision to opt out of those changes via email to legal@la28.org, with the subject line: “Dispute Resolution Change Opt Out” (“Opt-Out Notice”). The Opt-Out Notice must include: (a) your full name; (b) your mailing address; (c) your phone number; (d) your LA28 account information (if applicable); (e) identification of the change that you wish to opt out of; and (f) a clear statement that you wish to opt out of the change (“Opt-Out Information”). Your Opt-Out Notice must be sent within thirty (30) days of LA28 sending notice of a change and must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf (“Opt-Out Process”). This is not an opportunity to opt out of the dispute resolution process or arbitration altogether. If you do not timely reject a change after notice of the change, that conduct will be interpreted and considered as you manifesting acceptance of the change (“Acceptance Conduct”).
j. Application to Parent and Affiliates; Survival; Severability. The terms of this Section will also apply to any claims asserted by you against any present or future parent or affiliated entity of LA28 to the extent that any such claims fall within the definition of “Dispute” in this Section. The terms of this Section will survive the expiration or termination of the remainder of these Terms. For the avoidance of doubt, if any part of this Section is held to be invalid or legally unenforceable for any reason, the remainder of this Section shall not be affected thereby and shall remain valid and fully enforceable.
k. Notice for California Users. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.