Disney's court motion cites the terms of the Subscriber Agreement, emphasizing that it includes a binding arbitration clause for any disputes, stating 'any dispute between You and Us' must be resolved through individual binding arbitration. The capitalized warning on the first page reinforces that this agreement not only applies to the streaming service but asserts a broader scope that encapsulates all agreements to the company's services, indicating a shift towards resolving conflicts outside the traditional court system.
The response from Piccolo's lawyer argues against Disney's sweeping interpretation of the arbitration clause, deeming it 'absurd' for all 150 million Disney+ subscribers to waive their rights to sue in any capacity. He frames the argument that a trial account's acceptance should not equate to relinquishing legal recourse across all potential scenarios involving any Disney affiliate. This challenges Disney's stance and questions the fairness of imposing such extensive agreements on consumers.
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