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Evernote: Latest addition to the class action band wagon.

See also: http://underlore.com/microsoft-jumps-on-the-rights-denial-steam-bandwagon/

Got this in email just now.

 
Resolution of Disputes

We have revamped our dispute resolution process by introducing arbitration provisions that will enable users throughout the world to resolve disputes they may have with Evernote more expeditiously and less expensively.

Using arbitration to resolve claims means that users will not be required to travel to California (or Switzerland, for Evernote GmbH users) to file a lawsuit and appear in court and, if the amount of the claim is less than US$10,000, the arbitration may even be done over the phone or internet, depending upon the circumstances. In an effort to resolve all disputes promptly, we are also including a provision that requires both parties to use good faith to initiate the arbitration proceeding within 30 days, with a mutually acceptable arbitrator managing the process.

Our changes will provide users outside the US an option to have their dispute resolved through arbitration, but under a special US law, we are requiring users in the US to use binding arbitration as the exclusive means for resolving disputes and to agree that such claims will be resolved only between them and Evernote (prohibiting participation in class actions or similar representative actions).

We feel strongly that requiring arbitration of disputes on an individual basis will enhance our ability to work with our users to resolve disputes, while ensuring that an individual user maintains control of the issue raised and resolution desired – and that this will happen much more quickly than the long months or years that class action matters typically require. Because we are requiring arbitration for US users (and others subject to the US Federal Arbitration Act), we will pay the arbitration-related fees for all claims up to US$10,000 and even in cases involving more than that amount if those fees would be prohibitive compared to litigation costs, unless, in either case, the claim asserted is determined by the arbitrator to be frivolous. We appreciate that this is a significant change, so we will permit existing Evernote users who do not agree with this change to “opt-out” of the arbitration agreement by notifying us via the methods described in our Terms within 30 days of December 4, 2012 (the effective date of our new Terms).

At least they include an opt out sort of… By closing your account >.>

Or of course by jumping through hoops.

https://evernote.com/legal/tos.php

In order to do so, you must send a written notice to us at Evernote Corporation’s address provided above that contains the following: (i) the statement “I do not agree to the Arbitration Agreement” and (ii) your username and email address associated with the Evernote account(s) to which the opt-out shall apply. You must sign the opt-out notice and ensure it is delivered to us no later than 30 days after the Effective Date posted at the top of these Terms for it to be effective. This procedure is the only way you can opt-out of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, the rest of these Terms shall continue to apply, including the Alternative Dispute Resolution Process. In addition, opting out of the Arbitration Agreement has no effect on any previous or future arbitration agreement that you may have with us.

“We feel strongly that requiring arbitration of disputes on an individual basis will enhance our…” Immunity to legal recourse. Because what American company wants to be required to obey the law anyhow right?

Update:
I submitted this ticket to support.

http://underlore.com/evernote-latest-addition-to-the-class-action-band-wagon/

https://evernote.com/legal/tos.php

“This procedure is the only way you can opt-out of the Arbitration Agreement.”

Wow, that’s not slimy or anything.

So I can delete my account or anything else online but if it comes to protecting my right to legal recourse suddenly it’s the pony express days.

Fine, delete my account, I’ve already deleted my content.

I’ll be sure to tell all my clients and readers to avoid your “service” like the plague.

Updated: November 24, 2012 — 1:40 am

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