AOL Store Terms and Conditions
If you do not agree, do not access, use, or make purchases from the AOL Store.
NOTICE OF ARBITRATION AGREEMENT
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
- All disputes between you and AOL will be resolved by binding arbitration. You thus give up your right to litigate disputes with us in court (except for matters that may be taken to small claims court). Disputes will be decided by a neutral arbitrator and not a judge or jury.
- You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than court proceedings. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
- PLEASE REVIEW THE SECTION ENTITLED "HOW TO RESOLVE A DISPUTE WITH US" and see our FAQs for more information.
- "Products" means the services, software applications, and products you can buy through the AOL Store;
- "AOL Store" means our web-based services and applications in which you can review and purchase Products;
- "Partner" means the company with which AOL has partnered to bring you Product offerings through the AOL Store;
- "Partner's Agreement" means the end user license agreement or terms of service that our Partners may require you to accept as part of your purchase or registration of a particular Product that you purchase through the AOL Store; and
- "We" or "Us" means AOL Inc., its affiliates, subsidiaries and successors in interest.
- The AOL Store gives you the opportunity to shop and research Products, purchase Products, maintain an online account to help you manage and add, cancel or return Products that you have purchased through the AOL Store. We may add, change or discontinue the AOL Store or any offers for Products at any time without advance notice.
- AOL processes payments and handles all billing, cancellations, refunds, and returns for any purchase you make through the AOL Store, including Free Trials. You understand and agree that your purchase and use of any Product is also subject to any Partner's Agreement that applies to such Product. You should read this Agreement and the Partner's Agreement for the Product you are purchasing in their entirety before clicking "I AGREE".
- You agree to pay for all products and subscriptions that you purchase through the AOL Store, and we may charge any payment method you have provided for any such payments. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make through the AOL Store. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. For your convenience, you authorize us to store your payment information and process all charges associated with the Product(s) purchased by you. If you purchase a subscription Product, periodic charges to your account will be billed in advance, unless otherwise expressly noted. You may be given the option to use a convenience feature that imports your payment information previously entered during a prior purchase from AOL, which we will use to process your Product order, and will store in connection with your account. It is your responsibility to maintain your online account, including current contact information and valid payment information, in order to continue to receive Products under monthly or other subscription plans. You can change your contact and payment information by logging on to myaccount.aol.com or through AOL KWs: My Account and Help. We may in some instances continue charging a payment method past its expiration date at our discretion and subject to the payment processors' or issuing bank's approval. Please note that once you purchase a Product on a periodic or subscription basis, your account will be charged as long as it remains active, even if you have not downloaded or used the Product or accessed your online account. All prices quoted in the AOL Store are in U.S. Dollars and all charges to your account will be made in U.S. Dollars unless we indicate another currency.
- If the Product you purchase is based on a monthly or other periodic subscription fee, the subscription fee will be automatically charged to your credit card or other payment method that you provided to us. At the expiration of each subscription term we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription. Your subscription to the Product will be automatically renewed at the then-current price, excluding promotional and discount pricing. At any time, you may elect not to have your subscription to any Product renewed automatically by canceling the Product as provided in "Cancellation and Unpaid Charges" below.
Cancellation and Unpaid Charges
- You may cancel any Product subscription at any time by logging into your online account and terminating the Product subscription. If you are in a free trial period, your service may be discontinued immediately, and you will not receive any charges. If you are not in a free-trial period, your service will be discontinued at the end of your billing period. Please note that it is your responsibility to maintain your online account, including current payment information, in exchange for continuing to receive ongoing use of a subscription-based Product. If your payment method or other online account information becomes invalid at any time, we may suspend or terminate the Products you have purchased. In such event, we will attempt to notify you, but may not do so in all cases, and you should not rely on us to ensure that your online account and payment information are current. We retain the discretion to suspend or terminate your account or any particular Products you have purchased at any time and we reserve the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.
- For some Products, we may offer from time to time free trials so that you may try the Product without charge or obligation ("Free Trial"). Any Free Trial is limited to one free trial per customer per product. Unless otherwise stated and unless you cancel your subscription prior to the expiration of the Free Trial, periodic subscription fees will be charged at the then-applicable rate upon expiration of the Free Trial period and will continue to be charged until the subscription is canceled. If you are not satisfied with a particular Product, you must cancel that service before the Free Trial ends to avoid charges.
Using Our Content
- You may not use the AOL Store to: (1) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, (2) invade the privacy right of any person or entity; (3) violate the rights of others; (4) misrepresent the identity of a user; (5) impersonate any person or entity, including any employee or representative of AOL or our Partners; (6) tamper with or obtain unauthorized access to the AOL Store or any AOL Store account, computer systems or networks associated with the AOL Store, (7) conduct fraudulent or other illegal activities; (8) resell, transfer or sublicense any aspect of the AOL Store; or (9) collect or harvest information regarding other users of the AOL Store for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications.
- All text, images and other content ("Content") offered on the AOL Store are the property of the person or entity that provides the Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. You agree that you will not take any action to interfere with the ownership rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use the Content only for personal, non-commercial purposes.
Third Party Materials
- We do not guarantee or warrant any of the performance specifications, warranties, functions or compatibility of any Product; these matters are governed by the Partner's Agreement for the particular Product, which is incorporated herein by reference in its entirety. If you are dissatisfied with the AOL Store or any Product for any reason, you hereby agree that your sole remedy is to cancel or return the applicable Products and discontinue your use of the AOL Store. WE PROVIDE THE AOL STORE "AS IS," "AS AVAILABLE” AND WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ONE OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY, WHETHER EXPRESS OR IMPLIED.
- Limitation of Liability. WE, OUR AFFILIATES, AGENTS AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE AOL STORE OR ANY PRODUCT YOU ACQUIRE FROM THE AOL STORE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OR MISAPPROPRIATED ACCOUNT INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE, OUR AFFILIATES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WE, OUR AFFILIATES, AGENTS AND PARTNERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
AOL Terms and Privacy
- UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE FROM A BREACH OF THIS AGREEMENT OR MISUSE OF A PRODUCT FOR WHICH YOU ARE RESPONSIBLE OR FROM YOUR USE OF THE AOL STORE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION IN THAT MATTER.
- You agree that all agreements and transactions between you and us, and between you and our Partners, will be done electronically. You agree to receive all notices and terms regarding the AOL Store and the Products either by (a) e-mail to you or by (b) posting them on the web page of the applicable service. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.
How to resolve a dispute with us
- We offer the following process to help you resolve a complaint or dispute that you may have with us or your use of AOL Checkout. Please read this section carefully.
- Our customer support department, which you can reach at 1-800-827-6364, can help you resolve many of your concerns. If our customer support team is unable to resolve your complaint, you agree to take the following steps to resolve any dispute you may have with us.
Step 1. Notice of Legal Dispute
You must first try to resolve any formal complaint or dispute with us through our Notice of Legal Dispute process. You begin by submitting a "Notice of Legal Dispute" by U.S. Mail to:
Attention: Notice of Legal Dispute
PO Box 65101
Sterling, VA 20165-8806
- A "Notice of Legal Dispute" is a written form in which you provide your name, address, contact information, your AOL user name, the facts regarding your Dispute, and the relief you are requesting from us. You can get a Notice of Legal Dispute form by clicking here.
- You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Legal Dispute is received by a party. After sixty (60) days, you or we may initiate arbitration as described below.
- You agree that the term "Dispute" in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us concerning the Services (including their price) or this Agreement, whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability or scope of this arbitration provision.
Step 2: Arbitration
- If your Dispute is not resolved to your satisfaction within 60 days from when we received your Notice of Legal Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a small claims court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us.
- The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes (except small claims) in court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes. To read more about arbitration, visit www.adr.org.
- The American Arbitration Association (the "AAA") will conduct any arbitration under its Commercial Arbitration Rules. If you are an individual and use the services for personal or household use, the AAA's Consumer Arbitration Rules will apply. You can review the Consumer Arbitration Rules here. You may begin arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.
- If your claim in arbitration is $75,000 or less, we will pay your filing fee, as well as other filing, AAA and arbitrator's fees and expenses. For all other arbitrations you initiate, the AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses. Information about filing fees for commercial arbitrations can be found in Section L-3 of AAA's Commercial Arbitration Rules. If we, instead of you, initiate arbitration, we will pay all filing, AAA, and arbitrator's fees and expenses. You may initiate arbitration only in your county of residence or in Loudoun County, Virginia. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
- We will not seek to recover from you our attorney's fees or expenses in any arbitration. Fees and expenses are not counted in determining how much a Dispute involves.
- Please be advised that if an arbitrator finds that the arbitration was frivolous or brought for an improper purpose, then we will seek to recover from you our AAA arbitrator's fees and expenses, and/or your filing fees that we paid.
- We offer the following incentive for users who arbitrate any Dispute with us for any claim that is under $10,000. If you reject our last written proposal to resolve your claim before an arbitrator was appointed (the "Proposal"), and the arbitrator awards you more than the amount of our Proposal, we will: (i) pay you the greater of the award or $1,000; (ii) pay twice your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
Small Claims Option
- You may also litigate any Dispute in small claims court in your county of residence or Loudoun County, Virginia, USA, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a small claims case, you are responsible for all court costs and you are not entitled to the incentives we offer to you above for arbitration.
You Waive Any Class Action Claim
- Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims.
- If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
- You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or Dispute that you may have against us, without regard to Virginia's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
- Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Arlington County, Fairfax County, the City of Alexandria, or Loudoun County, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Claims or Disputes must be filed within one year.
- To the extent permitted by law, any claim or Dispute under this Agreement must be filed within one year in small claims court, an arbitration proceeding or in court, as applicable. The one-year period begins on the date when a Notice of Dispute is filed with us. You agree you are permanently barred to bring a claim for your Dispute if you do not file your claim within one year. Quick Reference on our dispute process
- You always can find additional information about arbitration and our dispute resolution process by reviewing our FAQs. Please note that our dispute process is mandatory and not optional for all users This Agreement (and the Partner's Agreement for the Product you purchase) is the entire agreement between you and us and supersedes any other communications, oral or written, or advertising. We may assign this Agreement at any time. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of AOL or posted here electronically.
- Last Updated September 15, 2014
Quick Reference on our dispute process
- You always can find additional information about arbitration and our dispute resolution process by reviewing our FAQs. Please note that our dispute process is mandatory and not optional for all users. This Agreement (and the Partner's Agreement for the Product you purchase) is the entire agreement between you and us and supersedes any other communications, oral or written, or advertising. We may assign this Agreement at any time. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of AOL or posted here electronically.
- Last Updated September 15, 2014