Summary
- Pokemon GO fans are wary of new Terms of Service restricting their rights to sue Niantic or have a trial; an opt-out option is available within 30 days.
- By agreeing to the new Terms of Service, players must go through Niantic's Informal Dispute Resolution system or arbitration by NA&M if disputes arise and lose class action rights.
Pokemon GO fans are skeptical about agreeing to the revamped Terms of Service that was recently rolled out, which restricts all disputes between users and Niantic to be settled only by its own Informal Dispute Resolution system or a private arbitration company. This essentially not only strips a Pokemon GO player's rights to sue Niantic in court or have a trial but also waives all class and non-individualized relief.
The past few months haven't been the best for Pokemon GO fans. While the game has had its moments with some exciting events, players have been disappointed with the recent Pokemon GO updates. Amid that, Niantic's latest move has once again concerned the community.
In a new post on the Pokemon GO subreddit, user DaringDani123 explains why users should opt out of the new Niantic Terms of Service. If players agree to the revamped Terms of Service, they will have to file any disputes to Niantic directly. They will need to follow the new "Informal Dispute Resolution" process, which requires them to either send a notice by email or regular mail, after which a conference will be set up for settlement. If the Informal Dispute Resolution is unable to settle the dispute within 45 days, then they can proceed to arbitration, which will be binding.
The arbitration will be handled by the National Arbitration & Mediation, which earlier used to be the American Arbitration Association. Additionally, by agreeing to the Terms of Service, players waive their constitutional and statutory rights to sue Niantic in court. It is further added that the users cannot have a trial in front of a judge or a jury. Last but not least, the Terms of Service also include a waiver of class and all other non-individualized relief. This essentially means that users can only bring claims as individuals, and no kind of relief will be awarded on a class or collective basis.
How to Opt Out of Niantic's Arbitration Agreement
The good news is that players can choose to completely opt out of this agreement. However, there is a catch. After agreeing to the Terms of Service, users only have 30 days to opt out of the Private Arbitration Agreement. To do so, players will need to send a notice to [email protected] stating that they want to opt out. One must only send the notice as an individual, and it is mandatory to provide the user's name, address, and the email address used to sign up for the Niantic account. It is crucial to note that players have reported that opting out of this Arbitration Agreement still makes the rest of the Terms of Service binding, and players have reported that it doesn't have any effect on the game whatsoever.
While many were expecting the recent Pokemon GO update to address bugs and glitches, the revamped Terms of Service has caught fans off-guard. In fact, some are already speculating if some incident compelled Niantic to make such drastic changes.
Pokémon GO
- Released
- July 6, 2016
WHERE TO PLAY
Pokémon GO is an immersive open-world multiplayer RPG that enables you to live your own RPG adventure in augmented reality. Find and evolve all Pokémon and battle with other players in AR online in this multiplayer adventure RPG.
COMPLETE YOUR POKÉDEX AND INCREASE YOUR TRAINER LEVEL!
Catch your favourite Pokémon as you explore the open world in augmented reality, trade them with other Trainers, or get the chance to catch a Pokémon after winning a Raid. You can also collect Pokémon by hatching eggs through walking! Evolve your Pokémon in your Pokédex, gain levels to catch more powerful Pokémon and earn adventure rewards during a Raid in multiplayer or online PvP battle.
EXPERIENCE THE ADVENTURE IN MULTIPLAYER AND PvP!
Start your own adventure and challenge other Trainers online in PvP during epic Gym battles or in the GO Battle League. You can also enjoy multiplayer by facing off with other players in PvP battles to win rewards, or team up with other Trainers for a chance to catch Pokémon after a Raid Battle.
CREATE YOUR OWN ADVENTURE!
Customise your avatar, join one of the three teams and pick your Buddy Pokémon from your Pokédex to journey by your side in this AR adventure RPG.
SWITCH BETWEEN THE REAL WORLD AND THE VIRTUAL WORLD WITH THE AR+ MODE!
Bring the RPG to the real world and search for Pokémon in locations around you. With the AR+ mode, Pokémon appear right in front of you — Catch it with your PokéBall and add it to your Pokédex.
Catch your favourite Pokémon in AR as you explore the world and battle online with other Trainers in PvP and Raid battles.
