Terms Of Use

Last Updated: August 7, 2025

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE “DISPUTE RESOLUTION; ARBITRATION AGREEMENT” SECTION BELOW, BEFORE USING THIS SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS SITE, REGISTERING FOR THIS SITE, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE.

This is the official Terms of Use Agreement (“Terms of Use”) for the specific Internet website, application or other interactive service (“Site,” “we,” “us,” or “our”) provided by Paramount Skydance Corporation (“Paramount”) that contains an authorized link to these Terms of Use. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered.

These Terms of Use govern only the content, features, and activities related to this Site and do not cover any other websites of Paramount, any affiliates that Paramount directly or indirectly owns or controls (collectively, “Affiliates”) or any other company, unless specifically stated.

Acceptance of Terms

Your access and use of the Site is subject to these Terms of Use and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older. If you do not agree with all of the following Terms of Use, please do not use this Site.

By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. Paramount reserves the right, in its sole discretion, to modify, alter or otherwise change these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Use. Please also review our Privacy Policy.

General

By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. Paramount assumes no obligation to update the Content.

The words “use” or “using” in these Terms of Use, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.

As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate Paramount’s rights or the rights of others. Paramount reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.

Equal Opportunity Employer

At Paramount, the spirit of inclusion feeds into everything that we do, on-screen and off. From the programming and movies we create to employee benefits/programs and social impact outreach initiatives, we believe that opportunity, access, resources and rewards should be available to and for the benefit of all. Paramount is proud to be an equal opportunity employer. We are committed to equal employment opportunity for all, regardless of race, color, sex, religion, national origin, ethnicity, age marital status sexual orientation disability veteran status, or any other basis prohibited by law, and we seek to remove barriers for qualified individuals to compete for employment and advancement opportunities.

Automated Employment Decision Tools (AEDTs)

Required disclosures on Automated Employment Decision Tools (AEDTs) for applicants to roles located within New York City
Last Updated: June 28, 2023

As a component of the hiring process for certain roles, applicants may be asked to complete the pymetrics assessment.

The pymetrics assessment is designed to measure a series of cognitive, social, and emotional soft skills. The characteristics measured include Attention (i.e., an individual’s approach to managing incoming information and distractions), Decision-Making (i.e., an individual’s approach to making decisions in terms of time spent and/or amount of planning involved), Effort (i.e., an individual’s tendencies around effort expenditure given the size of the reward and the probability of success), Emotion (i.e., an individual’s strategies for interpreting others’ emotions), Fairness (i.e., an individual’s tendencies around perceptions of fairness in social situations), Focus (i.e., an individual’s tendency toward focused concentration versus multi-tasking), Generosity (i.e., an individual’s tendencies toward altruism versus resource conservation), Learning (i.e., an individual’s tendencies to adapt behavior based on new information), and Risk Tolerance (i.e., an individual’s comfort level with risk).

The pymetrics assessment is administered as a series of behavioral exercises, which are sometimes referred to as “games.” As a candidate works through the exercises, which can be completed on a computer or mobile device, the platform collects real-time data about how they perform each activity. There are no “right” or “wrong” ways of performing the exercises. In total, the assessment takes approximately 25 minutes to complete.

In compliance with NYC Local Law 144 regarding Automated Employment Decision Tools (AEDTs), a copy of the latest bias audit may be reviewed here:

DOWNLOAD AUDIT

Pymetrics collects gameplay data (i.e., the real-time user interaction measures collected as the exercises are being completed) to conduct the assessment. Applicants may also be asked to complete a voluntary survey of demographic identity questions, but responses to these questions are not a required component of the pymetrics assessment. In general, pymetrics will retain candidate data for as long as processing is necessary. Pymetrics will use applicant data in accordance with the pymetrics privacy policy and applicants should familiarize themselves with pymetrics’ privacy practices. To exercise any applicable privacy rights in connection with the pymetrics assessment, such as requests to have pymetrics assessment data deleted from pymetrics, contact privacy@pymetrics.com.

Regarding disability-related accommodations, certain accommodations for the pymetrics assessment can be accessed directly within the platform. Prior to beginning the pymetrics assessment, applicants will be prompted to self-identify as requiring accommodations for colorblindness, ADD/ADHD, and/or dyslexia. An accommodated version of the pymetrics assessment will be administered immediately. To request a reasonable accommodation to the hiring process for other disabilities, applicants should contact Paramount at 212.846.5500 or viacomaccomodations@viacom.com.

Reasonable Accommodations

If you are a qualified individual with a disability or a disabled veteran, you may request a reasonable accommodation if you are unable or limited in your ability to use or access  https://www.paramount.com/careers/experienced as a result of your disability. You can request reasonable accommodations by calling 212.846.5500 or by sending an email to viacomaccommodations@viacom.com. Only messages left for this purpose will be returned.

Forward-Looking Statements

The information contained in (or accessible from) this Site may include both historical and forwardlooking statements, including statements related to Paramount’s future results, performance and achievements. All statements that are not statements of historical fact are, or may be deemed to be, forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Similarly, statements that describe Paramount’s objectives, plans or goals are or may be forward-looking statements. These forward-looking statements reflect Paramount’s current expectations concerning future results and events; generally can be identified by the use of statements that include phrases such as “believe,” “expect,” “anticipate,” “intend,” “plan,” “foresee,” “likely,” “will,” “may,” “could,” “estimate” or other similar words or phrases; and involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause Paramount’s actual results, performance or achievements to be different from any future results, performance or achievements expressed or implied by these statements. These risks, uncertainties and other factors are described in Paramount’s news releases and filings with the Securities and Exchange Commission, including but not limited to Paramount’s most recent Annual Report on Form 10-K and reports on Form 10-Q and Form 8-K. There may be additional risks, uncertainties and factors that Paramount does not currently view as material or that are not necessarily known. The forwardlooking statements contained in (or accessible from) this Site are made only as of the date first written above, and Paramount does not undertake any obligation to publicly update any forwardlooking statements to reflect subsequent events or circumstances.

Trademarks and Copyrights

The Content of this Site is the property of Paramount, its Affiliates and/or third parties, and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of Paramount or such third party that may own the Content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF PARAMOUNT. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Paramount or its owner if Paramount is not the owner.

Notice and Procedure for Making Claims of Copyright Infringement

If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on the Site infringes your copyrights, you may notify us using the following procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

 Send your notice of infringement to our designated agent for receiving such notices as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Legal Department

Full Address of Designated Agent to Which Notification Should be Sent to:

1515 Broadway, New York, NY 10036

Phone Number of Designated Agent: (212) 846-7700

Email Address of Designated Agent: copyright@mtvn.com

Emails

The contents of an Email (including any attachments) you receive from any system of Paramount or Affiliates are confidential to the sender and the intended recipient. The information contained in such Email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the Email in your possession. Please also reply to the sender and notify him or her that you have received such Email in error. Any views or opinions expressed in an Email that you receive from any system of Paramount or Affiliates are solely those of the author of such Email and do not necessarily represent those of Paramount or Affiliates unless specifically stated. The content of an Email that you receive from any system of Paramount or Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. Email messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that Email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that Email submissions over the Internet may not be secure, and you should consider this before Emailing the Site, Paramount or Affiliates any information. Neither Paramount nor any of Affiliates are responsible for any improper, untimely, or incomplete transmission. Please note that Paramount and Affiliates reserve the right to intercept, monitor, review and retain Email messages from external and internal sources as permitted by applicable law.

Acceptable Use of the Site

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;”
violate Paramount's rights or the rights of others;
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful, disruptive or destructive programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email for any reason;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
gain unauthorized access to and/or use the Site, other users’ names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

Unsolicited Submissions

Paramount does not accept unsolicited submissions, including, without limitation, scripts, story lines, articles, fan fiction, characters, notes, drawings, suggestions, ideas or concepts. It is our policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any Paramount creative work would be purely coincidental.

Contacting Us

For general corporate press inquiries or other questions and comments related to the Site, please contact us through the form available at paramount.com/contact-us. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. If you believe that any content on the Site infringes on your copyrights, please follow the procedures set forth in the Notice and Procedure for Making Claims of Copyright Infringement Section above.

Privacy

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

Linking Policy and Links to Third Party Websites

If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with any of Paramount's and/or Affiliate’s names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with Paramount. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, promotes violence or illegal acts, contains expressions of racism, is libelous, defamatory, scandalous or inflammatory, or is otherwise inappropriate. Under no circumstances may you “frame” this Site or alter its Content in any way. Paramount reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Site and/or these Terms of Use. This Site also contains links or references to other websites maintained by third parties over which Paramount has no control. Paramount is not responsible for the content or performance of other websites to which this Site may be linked or from which this Site may be accessed. Paramount makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any external third party link on the Site does not imply any endorsement or recommendation by Paramount or its Affiliates of the opinions or views expressed by such external linked websites (“Third Party Sites”), and Paramount does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in Third Party Sites. Furthermore, Paramount is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such websites. As such, neither Paramount nor any of its Affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in such Third Party Sites. To the extent that such Third Party Sites collect personal information or postings from the end user, be advised that in no event shall Paramount assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on such Third Party Sites. Finally, Paramount will, under no circumstances, be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within such Third Party Sites.

Disclaimers

THE SITE, THE CONTENT, AND ALL EMAILS SENT BY PARAMOUNT OR AFFILIATES (“EMAILS”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PARAMOUNT AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE EMAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER PARAMOUNT NOR AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY PARAMOUNT OR AFFILIATES. PARAMOUNT AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE EMAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. PARAMOUNT DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE EMAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE EMAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE EMAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PARAMOUNT OR AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS SITE, THE CONTENT, THE EMAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, THE CONTENT, OR THE EMAILS, EVEN IF PARAMOUNT OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, THE CONTENT, OR THE EMAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PARAMOUNT OR AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IN NO EVENT WILL PARAMOUNT OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL PARAMOUNT OR AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR THESE TERMS OF USE, AND THE CLAIM IS NOT RESOLVED BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a 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.

1.1 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure

Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute (“Notice”). A Notice from you to us must (1) be sent by certified mail; (2) be addressed to: Paramount Global, 1515 Broadway, New York, NY 10036, Attn: Legal Department (the “Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the Site, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 1.1. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.

1.2 Arbitration Procedure

Any such arbitration shall be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Section Dispute Resolution; Arbitration Agreement (the “Arbitration Agreement”), and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.NAMADR.com, by calling NAM, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.

You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure requirements referenced in Section 1.1 and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

All issues, are for the arbitrator to decide except that issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to this Arbitration Agreement or a previous arbitration provision between you and Paramount), are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law.

In circumstances in which the NAM 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 New York, New York. If the Mass Filing process described in Section 1.7 is triggered, then the location of any hearing will be determined by the arbitrator.

1.3 Discovery During Arbitration

The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.

1.4 Confidentiality

Upon either party’s request, the arbitrator will 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 enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

1.5 Offer of Settlement

In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

1.6 Mass Filing

If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. 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. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 1.1, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One: Counsel for the claimants and counsel for Paramount shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration 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 promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Paramount shall pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Paramount shall each select 50 claims per side (100 claims total) 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. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration 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 promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Paramount shall pay the mediator’s fee.

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Paramount shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agree to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration 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. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your claim is not resolved as part of the staged process identified above, either:

Option One: You and Paramount may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms of Use. You may opt out of arbitration by sending Paramount your individual, personally signed notice of your intention to opt out by certified mail addressed to Paramount Global, 1515 Broadway, New York, NY 10036, Attn: Legal Department. Such an opt out notice 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 statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. Paramount may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.

Option Two: If neither you nor Paramount elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 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 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration 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 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this 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 with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) 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.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms of Use.

You and Paramount agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Paramount acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

1.7 Severability

If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

Location/Governing Law

These Terms of Use and all claims arising from or related to your use of the Site will be governed by and construed in accordance with the laws of the State of New York, except New York's conflict of law rules. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration or small claims court (as set forth in Section Dispute Resolution; Arbitration Agreement above), you agree to exclusive jurisdiction in the state and federal courts in New York, New York.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms of Use within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

Miscellaneous

These Terms of Use contain the entire and exclusive agreement between you and us regarding use of the Site, supersede all prior understandings of the parties hereto relating to the subject matter hereof and cannot be modified, except as specifically described herein.

Paramount will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of Paramount. Paramount reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Site, or upon demand by Paramount, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

These Terms of Use were last modified on the date indicated above and are effective immediately.