Laugh Factory Privacy Policy
Last Updated: [August 19, 2026]
This Privacy Policy explains how Laugh Factory Inc. (Laugh Factory, "we," "us," or "our") collects, uses, discloses, and otherwise processes personal information through laughfactory.com and other websites, mobile applications, streaming experiences, accounts, communications, and digital services that link to this Privacy Policy (collectively, the "Services").
It also describes the privacy choices and rights that may be available to you.
This Privacy Policy does not apply to information processed independently by a venue, ticket seller, payment provider, social network, delivery provider, or other third party under its own privacy policy, even if its service is linked to or embedded in the Services. It also does not apply to workforce information covered by a separate employee or applicant privacy notice.
This Privacy Policy is incorporated into, and should be read together with, our Terms of Use. In the event of a conflict between this Policy and the Terms of Use regarding dispute resolution, limitation of liability, or governing law, the Terms of Use control.
1. Personal Information We Collect
"Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with an individual or household.
The information we collect depends on how you interact with us and may include the following:
Information You Provide
- Contact and account information, such as your name, email address, postal address, telephone number, username, password, date of birth or age range, and communication preferences.
- Transaction and commercial information, such as tickets, merchandise, subscriptions, memberships, promotions, purchase history, billing address, transaction identifiers, refunds, and customer-service records.
- Payment information. Our payment providers generally process payment card information. We may receive limited information such as the payment method, card type, last four digits, billing address, and transaction status.
- Event and venue information, such as reservation details, accessibility requests, age or identity-verification status, incident reports, guest-list information, or communications about attendance.
- User content, such as reviews, comments, messages, photographs, videos, contest entries, profile information, feedback, and other material you submit. By submitting user content, you represent that you have the right to do so and you grant us the license described in our Terms of Use.
- Communications, including inquiries, support requests, survey responses, complaints, and records of communications with us.
- Marketing and SMS information, including your email address or mobile number, enrollment source, consent records, message interactions, communication preferences, and opt-out or help requests.
- Social or connected-account information you authorize a third party to provide, subject to that third party's settings and privacy practices.
- Other information you choose to provide.
You are responsible for the accuracy of the information you provide and for promptly updating it. We are not responsible for losses arising from inaccurate, outdated, or incomplete information you supply.
Information Collected Automatically
When you use the Services, vendors acting on our behalf and we may automatically collect:
- Device and network information, such as your IP address, device identifiers, browser type, operating system, app version, language, wireless carrier, and device settings.
- Internet and electronic activity, such as pages and screens viewed, searches, links clicked, referring and exit pages, access times, session duration, interactions, crashes, and diagnostic information.
- Video and content activity, such as comedians, jokes, clips, livestreams, playlists, channels, and other content viewed, searched, liked, disliked, shared, paused, or completed.
- Approximate location derived from your IP address or similar information.
- Cookie and advertising information, such as cookie identifiers, mobile advertising identifiers, pixels, tags, local storage, conversion events, inferred interests, and interactions with advertisements or marketing.
- Fraud and security information, such as login events, suspected bot activity, transaction-risk indicators, authentication signals, and possible misuse of the Services.
If we collect precise geolocation or other sensitive information, we will provide any additional notice and obtain any consent required by applicable law.
If any Laugh Factory venue uses facial recognition, ID-scanning, or other biometric technology for age verification, security, or entry management, we will provide the separate notice and obtain the consent required by applicable biometric privacy law (such as Illinois' BIPA or Texas CUBI) before collection, and we will not retain biometric identifiers longer than necessary for the purpose for which they were collected.
Information From Other Sources
We may receive personal information from:
- Laugh Factory parent, subsidiary, affiliate, venue, promoter, and operating entities;
- ticketing, commerce, payment, delivery, membership, and reservation providers;
- advertising, analytics, social-media, and marketing partners;
- performers, promoters, event organizers, and business partners;
- fraud-prevention, identity-verification, security, and data-enrichment providers;
- publicly available sources; and
- other users, such as someone who purchases a ticket or gift for you.
If you connect a social-media or other third-party account to the Services, we receive only information the provider makes available based on your authorization and settings. We do not control the provider's collection, use, or disclosure of your information.
If you provide us with personal information about another person (for example, a gift ticket recipient or a guest on your reservation), you represent that you are authorized to do so and to consent to this Privacy Policy on that person's behalf, and you agree to inform them of this Policy.
2. How We Use Personal Information
We may use personal information to:
- Provide, operate, maintain, personalize, and improve the Services.
- Create and manage accounts, tickets, orders, reservations, memberships, subscriptions, and transactions.
- Process payments, fulfill orders, issue confirmations, administer refunds, and prevent chargebacks or fraud.
- Recommend comedians, shows, videos, playlists, events, promotions, and other content.
- Communicate with you about accounts, purchases, reservations, events, security, policy changes, and customer support.
- Send marketing communications by email, text message, push notification, or other channels where permitted and maintain consent and suppression records.
- Measure audience engagement, performance, attribution, and campaign effectiveness.
- Conduct analytics, research, testing, product development, and debugging.
- Provide, measure, and improve advertising, subject to your choices and applicable law.
- Moderate user content and administer surveys, promotions, contests, and sweepstakes.
- Secure the Services, authenticate users, detect and prevent fraud or abuse, and investigate incidents.
- Comply with legal obligations, respond to legal process, enforce agreements, and establish, exercise, or defend legal claims.
- Protect the rights, property, safety, and security of Laugh Factory, our users, performers, venues, partners, and the public.
- Evaluate, negotiate, or complete a merger, financing, acquisition, reorganization, bankruptcy, dissolution, sale of assets, or other corporate transaction.
- Carry out another purpose disclosed when the information is collected or with your direction or consent.
Where applicable law requires a legal basis for processing, we process personal information as necessary to perform a contract, comply with law, pursue legitimate interests that are not overridden by your rights, protect vital interests, or with your consent.
Where we rely on consent, you may withdraw it as permitted by law. Withdrawal will not affect processing that occurred before consent was withdrawn.
3. How We Disclose Personal Information
We may disclose personal information to the following categories of recipients:
Laugh Factory Entities
We may disclose information to our parent, subsidiaries, affiliates, venues, promoters, and related operating entities for the purposes described in this Privacy Policy.
Service Providers and Contractors
We may disclose information to vendors that provide hosting, cloud storage, cybersecurity, analytics, communications, customer support, marketing, payment processing, ticketing, order fulfillment, delivery, identity verification, fraud prevention, and professional services.
We require service providers and contractors to use personal information only to perform services for us, maintain its confidentiality, and implement reasonable security measures consistent with applicable law.
Transaction and Event Parties
We may disclose information to ticket sellers, venues, promoters, performers' representatives, reservation providers, payment processors, delivery providers, and others as necessary to complete a transaction or provide an event or service.
Advertising and Analytics Partners
We may permit advertising and analytics partners to collect information through cookies, pixels, software development kits, and similar technologies.
Depending on how these technologies are configured and applicable law, these disclosures may be considered a "sale," "sharing," or processing for "targeted advertising," even when no money is exchanged. Please see Sections 5 and 8 for information about your choices.
Social Networks and Connected Services
We may disclose information when you use a social feature, connect an account, or direct us to disclose information to a third party.
Professional Advisers
We may disclose information to lawyers, accountants, auditors, insurers, consultants, financial advisers, and other professional advisers.
Legal and Safety Recipients
We may disclose information to courts, regulators, law enforcement, government agencies, adverse parties, or others when we believe disclosure is necessary or appropriate to:
- comply with applicable law, subpoena, warrant, court order, or other valid legal process;
- enforce our agreements and policies, including our Terms of Use;
- detect, investigate, or prevent fraud, abuse, or security incidents;
- protect the rights, property, safety, or security of Laugh Factory, our users, performers, venues, partners, or the public; or
- establish, exercise, or defend legal claims.
We may disclose personal information in response to a lawful request even without a court order where we determine in good faith that disclosure is necessary to prevent imminent harm to any person, and nothing in this Policy limits our ability to cooperate with law enforcement.
Corporate Transactions
We may disclose information to actual or prospective buyers, investors, lenders, advisers, and other parties involved in a merger, financing, acquisition, reorganization, bankruptcy, dissolution, or transfer of some or all of our business or assets.
Public Areas
Information you choose to post publicly or submit for public display may be visible to other users and the public. Public information may be copied, saved, or redistributed by others outside our control.
We are not responsible for personal information you choose to make public, or for how other users or third parties use information you disclose in public or semi-public areas of the Services.
Other Disclosures
We may disclose information at your direction, with your consent, or as otherwise disclosed when information is collected.
We may use and disclose information that has been aggregated or deidentified so that it cannot reasonably be linked to an individual or household. We will maintain deidentified information in deidentified form and will not attempt to reidentify it except as permitted by law.
4. Video and Content-Viewing Information
The Services may collect information about videos, comedians, jokes, livestreams, playlists, and other content you request or view.
We may use this information to:
- provide requested content;
- remember viewing progress;
- personalize recommendations;
- understand audience engagement;
- secure and improve the Services; and
- conduct analytics.
Video-viewing information may receive special protection under federal or state law. We will not knowingly disclose personally identifiable video-viewing information unless the disclosure is permitted by law and supported by any consent that may be required.
Where we request consent to disclose video-viewing information, the request will be separate and specific, identify the recipient or category of recipients and the purpose of the disclosure, and explain how consent may be withdrawn, as required by law.
Consent to disclosure of video-viewing information may be obtained in the aggregate for a set period of time (not to exceed two years) or on a per-request basis. It may be given through your account settings, in accordance with applicable law.
5. Cookies, Analytics, and Advertising
Third parties and we may use cookies, pixels, tags, local storage, software development kits, and similar technologies to:
- operate the Services;
- remember preferences;
- authenticate users;
- prevent fraud;
- understand usage;
- measure performance;
- personalize content;
- measure marketing campaigns; and
- support advertising.
These technologies may collect identifiers, device and network information, browsing or app activity, approximate location, interactions, and inferred interests.
Depending on their configuration and applicable law, disclosures to advertising or analytics partners may constitute a "sale," "sharing," or processing for "targeted advertising."
You may manage nonessential technologies through our Cookie Preferences tool. Browser and device settings may also permit you to block or delete cookies or reset advertising identifiers. Blocking cookies or similar technologies may affect the availability or operation of certain features.
We are not responsible for the collection, use, or security practices of third-party advertising or analytics partners, whose own privacy policies govern their independent processing of information collected through these technologies.
Global Privacy Control
Where required by applicable law, we recognize a legally valid browser-based opt-out preference signal, such as Global Privacy Control ("GPC"), as a request to opt out of sale, sharing, or targeted advertising for the browser or device sending the signal and, where required and known, the associated account.
Because these signals are generally browser- and device-specific, you may need to enable the signal on each browser and device you use.
You may also exercise applicable opt-out rights through our Your Privacy Choices link.
We do not respond to legacy "Do Not Track" browser signals unless required by law because no uniform standard currently governs those signals.
6. SMS, Email, and Push Communications
If you enroll in the Laugh Factory text-messaging program, we may process your mobile number, enrollment and consent records, message interactions, and opt-out requests as described in this Privacy Policy and our SMS Program Terms.
We do not sell, rent, or disclose mobile numbers or SMS consent to unaffiliated third parties for their own text-message marketing.
We may disclose SMS information to service providers acting on our behalf, as required by law, or as part of a corporate transaction, subject to applicable law.
You may:
- opt out of marketing emails by using the unsubscribe link in the email;
- opt out of marketing text messages by replying STOP or using another reasonable method described in the SMS Program Terms; and
- manage push notifications through your device settings.
We may continue to send non-marketing communications concerning transactions, tickets, reservations, accounts, security, or legal matters where permitted by law.
Message and data rates may apply to SMS communications. Opting out of marketing messages does not opt you out of transactional or account-related messages necessary to provide the Services.
7. Data Retention
We retain personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy, including:
- providing the Services;
- completing transactions;
- maintaining consent and communication-suppression records;
- resolving disputes;
- enforcing agreements;
- complying with legal, tax, accounting, ticketing, and regulatory obligations;
- preventing fraud; and
- protecting security.
Retention periods vary based on the type and sensitivity of the information, the purpose for which it was collected, whether you maintain an account or ongoing relationship with us, applicable legal requirements, security and fraud-prevention needs, relevant limitation periods, and actual or anticipated disputes.
When retention is no longer reasonably necessary, we delete, deidentify, or securely dispose of personal information, subject to backup cycles, legal holds, and technical limitations.
8. U.S. State Privacy Rights
Depending on where you live and subject to applicable exceptions, you may have the right to:
- confirm whether we process your personal information;
- access personal information we maintain about you;
- obtain a portable copy of certain information;
- correct inaccurate personal information;
- delete personal information;
- opt out of sale, sharing, targeted advertising, or certain profiling;
- limit certain uses or disclosures of sensitive personal information;
- withdraw consent where processing is based on consent;
- receive information about categories of personal information, sources, purposes, and recipients;
- obtain a list of specific third parties to which personal information was disclosed, where required;
- appeal a refusal to act on a request; and
- receive equal service and pricing without unlawful discrimination for exercising privacy rights.
These rights are subject to exceptions and limitations under applicable law, including exceptions for information necessary to complete a transaction, detect security incidents, protect against fraud, comply with a legal obligation, or exercise free speech. We may decline a request to the extent permitted by law and will explain the basis for doing so.
Exercising Your Rights
You may submit a privacy request through:
- Email: [email protected]
- Telephone: (323) 656-1336
To opt out of sale, sharing, or targeted advertising, use our Your Privacy Choices link or enable GPC where recognized.
Please describe your request and provide information reasonably necessary for us to locate relevant records and verify your identity. We will use verification information only for verification, fraud prevention, security, and legal compliance.
The verification required will depend on the nature of the request and the sensitivity of the information involved. If we cannot reasonably verify a request, we may deny it as permitted by law.
An authorized agent may submit a request on your behalf where permitted. We may require evidence of the agent's authority and may ask you to verify your identity or confirm the request directly unless applicable law provides otherwise.
If we deny a request, residents of states providing an appeal right may appeal by contacting [email protected]. We will provide any additional regulator contact information required by applicable law.
We will confirm receipt of a verifiable request within ten (10) business days. We will respond substantively within forty-five (45) calendar days, which may be extended by an additional forty-five (45) calendar days when reasonably necessary, with notice to you, as permitted by applicable law. We may charge a reasonable fee, or decline to act on a request, if it is manifestly unfounded, excessive, or repetitive, as permitted by law.
California Notice at Collection
The following describes categories of personal information we may collect, the sources and purposes of that information, and the categories of recipients to which it may be disclosed.
| Category | Examples | Purposes | Recipients |
|---|---|---|---|
| Identifiers | Name, email, phone, account ID, IP address, device ID, cookie ID | Accounts, transactions, support, security, marketing, analytics | LF entities, service providers, transaction providers, advertising/analytics partners (where enabled) |
| Customer records | Contact, billing, payment, account information | Transactions, fulfillment, support, fraud prevention, compliance | LF entities, service providers, transaction parties, advisers, authorities |
| Protected classifications | Age, age range, or gender if voluntarily provided | Eligibility, personalization, analytics, legal compliance | LF entities, service providers, promotion/event partners where necessary |
| Commercial information | Purchases, tickets, subscriptions, preferences, promotions | Fulfillment, recommendations, analytics, marketing, fraud prevention | LF entities, service providers, transaction parties, advertising/analytics partners |
| Internet/electronic activity | Browsing, searches, app activity, interactions, viewing activity | Service delivery, personalization, analytics, security, marketing, advertising | LF entities, service providers, advertising/analytics partners |
| Geolocation | Approximate location; precise location if enabled | Localization, security, analytics, event functionality | LF entities, service providers, advertising/analytics partners |
| Audio/visual information | User photos, videos, recordings, event media, support communications | User features, support, security, authorized marketing | LF entities, service providers, event partners, and the public where you post information |
| Professional information | Employer, job title, professional role if provided | Business relationships, events, support | LF entities, service providers, business partners |
| Inferences | Comedy, performer, show, content, or marketing preferences | Personalization, recommendations, analytics, marketing, advertising | LF entities, service providers, advertising/analytics partners |
| Sensitive personal information | Credentials, precise geolocation, government ID for verification, biometric identifiers where used, private communications | Authentication, security, accessibility, compliance, requested services | LF entities, service providers, transaction or legal recipients where necessary |
We obtain these categories from you, your devices, LF entities, ticketing and transaction providers, connected accounts, service providers, advertising and analytics partners, event partners, and publicly available sources.
For purposes of the California Consumer Privacy Act, "sale" and "sharing" have technical meanings that may include certain advertising disclosures even when no money is exchanged.
Our actual sale and sharing practices are described through our Your Privacy Choices interface. We do not knowingly sell or share the personal information of consumers under 16 without the affirmative authorization required by law.
We do not use or disclose sensitive personal information for purposes requiring a right to limit unless we provide the legally required notice and method to exercise that right.
We retain each category for only as long as reasonably necessary for the purposes described in this Privacy Policy, considering our relationship with you, operational requirements, legal and accounting obligations, fraud and security needs, consent documentation, and actual or anticipated disputes.
Other State Disclosures (Virginia, Colorado, Connecticut, Utah, and Others)
Where applicable state law requires it, we will not process sensitive personal information without your consent (or, where required, without first offering you the opportunity to opt out); we will not process personal information for purposes that are not reasonably necessary to or compatible with the disclosed purposes without additional consent. We will conduct data protection assessments for processing that presents a heightened risk of harm, as required by law. You may appeal a decision on your request as described above; if we deny your appeal, applicable law may permit you to contact your state Attorney General.
California "Shine the Light"
California Civil Code § 1798.83 may permit California residents to request information concerning disclosures of personal information to third parties for their own direct-marketing purposes.
Send requests to [email protected] with "Shine the Light Request" in the subject line.
Financial Incentives
If we offer a loyalty, discount, membership, or promotional program that constitutes a financial incentive or price or service difference under applicable privacy law, we will provide a separate Notice of Financial Incentive describing its material terms, how the value of personal information is calculated, and how to opt in or withdraw.
9. Children and Teens
The Services are not directed to children under 13, and we do not knowingly collect personal information online from a child under 13 without verifiable parental consent.
If you believe a child under 13 has provided personal information to us, contact us at [email protected]. We will investigate and delete the information where required.
We do not condition a child's participation in an activity on disclosing more personal information than reasonably necessary. If we offer a child-directed feature or knowingly collect personal information from children, we will provide an appropriate children's privacy notice and obtain verifiable parental consent as required before collection, use, or disclosure.
We do not knowingly sell or share personal information belonging to consumers under 16 without legally required affirmative authorization.
Many Laugh Factory shows and venues feature adult content and are intended for a mature or 18+ audience. By using the Services, you represent that you meet any applicable age requirement for the specific content, venue, or feature you access, and we disclaim liability for a user's misrepresentation of age.
10. Information Security
We use administrative, technical, and physical safeguards designed to protect personal information, taking into account the nature of the information and the risks involved.
No security system or transmission method is completely secure. We therefore cannot guarantee absolute security.
You are responsible for using unique credentials, protecting your account information, and promptly notifying us at [email protected] if you suspect unauthorized account access.
To the fullest extent permitted by applicable law, we disclaim liability for unauthorized access to, alteration of, or loss of personal information resulting from circumstances beyond our reasonable control, including your failure to safeguard your own credentials, your use of unsecured networks, or acts of third parties. In the event of a security incident involving personal information, we will notify affected individuals and, where required, regulators, in accordance with applicable law and our incident response procedures.
11. International Users and Transfers
Laugh Factory Inc. is based in the United States. If you access the Services from another country, your personal information may be processed in the United States and other jurisdictions whose privacy laws may differ from those where you live.
Where required, we will use an approved international transfer mechanism and provide any additional disclosures or rights required by applicable law.
The Services are directed to users in the United States. If you access the Services from outside the United States, you do so on your own initiative, are responsible for compliance with local law, and consent to the transfer and processing of your information in the United States.
12. Third-Party Services and Links
Third-party ticketing, payment, delivery, social-media, streaming, advertising, and other services may collect personal information directly from you under their own privacy policies.
We do not control and are not responsible for the independent privacy or security practices of those third parties. You should review their policies before providing personal information.
When a third party acts solely as our service provider or contractor, we require it to process personal information subject to contractual restrictions appropriate to its role.
When a third party independently determines why and how personal information will be processed, its own privacy policy applies.
The Services may contain links to third-party websites or applications. Inclusion of a link does not imply endorsement, and we are not responsible for the content, privacy practices, or security of any linked third-party site.
13. Changes to This Privacy Policy
We may update this Privacy Policy prospectively to reflect changes in our practices, Services, or applicable law.
When we update the Policy, we will post the revised version and change the "Last Updated" date. If changes are material, we will provide additional notice or obtain consent where required.
Changes to this Policy do not retroactively authorize materially different uses or disclosures of personal information without any notice or consent required by law.
Your continued use of the Services after a revised Privacy Policy becomes effective constitutes your acknowledgment of the updated Policy, to the extent permitted by law.
14. Limitation of Liability; Dispute Resolution
To the fullest extent permitted by applicable law, Laugh Factory and its officers, directors, employees, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, revenue, or goodwill, arising out of or related to this Privacy Policy or our processing of personal information, even if advised of the possibility of such damages. Nothing in this section limits any right or remedy that cannot be limited or waived under applicable law.
Any dispute arising out of or relating to this Privacy Policy is subject to the dispute resolution provisions in Section 22 (Informal Resolution; Binding Individual Arbitration) of our Terms of Use — including the informal notice-of-dispute process, the agreement to arbitrate on an individual basis, the class-action waiver, the opt-out right, and the one-year time limit on claims — which are incorporated here by reference and reproduced in Appendix A for convenience.
This Privacy Policy does not create any contractual right or third-party beneficiary right beyond what is expressly stated here or required by applicable law. It does not create a private right of action except to the extent one is expressly provided by applicable law.
15. General Provisions
If any provision of this Privacy Policy is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of this Policy does not waive our right to do so later. Section headings are for convenience only and do not affect interpretation.
16. Contact Us
Questions, complaints, and privacy requests may be directed to:
Laugh Factory Inc.
Attn: Privacy
8001 Sunset Boulevard
Los Angeles, CA 90046
Email: [email protected]
Telephone: (323) 656-1336
For accessibility assistance with this Privacy Policy or a privacy request, contact [email protected].
Appendix A: Section 22 of the Terms of Use — Informal Resolution; Binding Individual Arbitration
This appendix reproduces Section 22 of the Laugh Factory Terms of Use for the reader's convenience. The Terms of Use, not this appendix, is the controlling and authoritative version; if the two ever differ, the Terms of Use governs. Counsel should confirm this text is kept in sync with the live Terms of Use and update both documents together.
22. Informal Resolution; Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
22.1 Informal Notice of Dispute
Before starting arbitration, the claimant must send a written Notice of Dispute containing the claimant's full name and contact information, account or transaction information, the facts and legal basis of the claim, supporting documents reasonably available, and the specific relief requested. Send notices to LF at:
Laugh Factory New Media, LLC, Attn: Legal Notices
8001 Sunset Boulevard, Los Angeles, CA 90046
LF will send a notice to the contact information reasonably available for you. The parties will attempt in good faith to resolve the claim for 60 days after receipt of a complete notice. Either party may request an individual telephone or videoconference settlement conference. Any limitations period and filing-fee deadline will be tolled during this 60-day process. Compliance with this subsection is a condition precedent to arbitration, and a court may enjoin an arbitration filed without compliance.
22.2 Agreement to Arbitrate
Except for claims identified in Section 22.5, you and LF agree that every dispute, claim, or controversy arising out of or relating to the Services, these Terms, additional terms, a transaction, communications, or the relationship between you and LF—including formation, interpretation, breach, termination, enforceability, and validity (each, a "Claim") will be resolved by final and binding arbitration on an individual basis.
The arbitrator, not a court, will decide disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide whether the class-action waiver is enforceable and whether the informal process in Section 22.1 was satisfied. The Federal Arbitration Act governs this arbitration agreement, 9 U.S.C. §§ 1–16.
22.3 Arbitration Procedure and Fees
The American Arbitration Association ("AAA") will administer arbitration under its Consumer Arbitration Rules in effect when the arbitration is filed, as modified by these Terms. If the AAA determines its Mass Arbitration Supplementary Rules apply, those rules will apply. AAA rules and forms are available at www.adr.org.
One neutral arbitrator will conduct the arbitration. Unless the parties agree otherwise, proceedings will occur by telephone, videoconference, written submissions, or in the county where you live if an in-person hearing is required. The arbitrator will apply applicable substantive law and will issue a reasoned written award. The arbitrator may award any remedy available to an individual in court, but only relief warranted by that individual's Claim. Judgment may be entered in a court with jurisdiction.
Fees will be allocated under the AAA Consumer Arbitration Rules and applicable law. LF will not seek its attorneys' fees or arbitration costs from a consumer unless the arbitrator finds the Claim frivolous or brought for an improper purpose, or applicable law expressly authorizes the award.
If the AAA is unavailable or unwilling to administer the arbitration consistent with this agreement, the parties will select another administrator. If they cannot agree, a court will appoint one under 9 U.S.C. § 5.
22.4 Individual Proceedings and Class-Action Waiver
YOU AND LF AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.
Unless both parties agree in writing or AAA rules expressly require administrative coordination, an arbitrator may not combine more than one person's Claims or preside over a class, collective, coordinated, consolidated, mass, or representative proceeding. Administrative coordination does not authorize a joint arbitration or joint award.
If a final decision determines that applicable law prevents enforcement of this subsection for a particular Claim or request for relief, only that Claim or request will be severed. It may proceed in court after all arbitrable Claims are resolved. The remainder of this Section 22 remains effective.
22.5 Exceptions
Either party may bring an eligible individual action in small claims court. Either party may seek temporary or emergency injunctive relief in court to protect intellectual property, confidential information, security, or the status quo pending arbitration. Nothing requires arbitration of a Claim that applicable law prohibits from being arbitrated. A government agency may consider a complaint where permitted by law.
22.6 Right to Opt Out
You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms. The notice must include your full name, email address, any account identifier, a statement that you opt out of the arbitration agreement in the Laugh Factory Terms of Use, and your physical or electronic signature. Send it to [email protected]. Opting out does not affect any other provision or your ability to use the Services.
22.7 Time Limit on Claims
Any Claim, whether brought in arbitration or in a court proceeding permitted under Section 22.5, must be filed within one (1) year after the Claim first accrued, or it is permanently barred, except where a longer or shorter period is required by applicable law. This limitations period is tolled during the informal-resolution process described in Section 22.1.
