Disqus Terms of Service

DATED 2012-08-27 · VERSION 20161101_rev01 · COMPARED WITH 20160708_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20160708_rev01 to 20161101_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 **Arbitration**. In the unlikely event that Disqus has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Disqus claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in Santa Clara County, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Disqus from seeking injunctive or other equitable relief from the courts as necessary to protect any of Disqus' proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DISQUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
 **General**. Disqus and you are independent entities, and nothing in the Terms, or via use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Disqus and you. These Terms supersede any previous Terms of Service and represent the entire agreement between Disqus and you. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Disqus' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
 These Terms were first published and made effective on August 27, 2012.
+If you are an federal agency, your use is governed by the Amendment found [here](https://help.disqus.com/customer/portal/articles/2537842-amendment-to-disqus-terms-of-service-applicable-to-u-s-federal-government-users).