Revised settlement email notice
You are receiving this notice because you were a paid Netflix member before January 15, 2005. Under a class action settlement, you may be eligible to receive a free month of service or a free one-month upgrade from Netflix. You may recall receiving a similar notice in November 2005. Since that time, the parties have modified the settlement and have extended the time by which you may sign-up for the benefit. Most importantly, under the amended settlement, if you are an eligible former Netflix member and sign up for the free one-month membership, your membership will end automatically unless you choose to continue your service. If you are an eligible current Netflix member and sign up for the free one-month upgrade, your upgraded membership will return to your previous service level unless you choose to continue the upgraded service. Additional changes to the settlement are reflected in the Amended Settlement Agreement. If you wish to compare the Amended Settlement Agreement with the Original Settlement Agreement, the Parties have posted a comparison at www.netflix.com/settlement.
This settlement arises from a class action lawsuit entitled Chavez v. Netflix, Inc. that was filed in San Francisco Superior Court (case number CGC-04-434884) on September 23, 2004. The lawsuit alleges that Netflix failed to provide "unlimited" DVD rentals and "one day delivery" as promised in its marketing materials. Netflix has denied any wrongdoing or liability. The parties have reached, and the Court has approved, a settlement that they believe is in the best interests of the Class Members. Under the terms of the amended settlement, Netflix will provide eligible subscribers with the benefit described below.
You have three options to respond to the amended settlement. You have until June 26, 2006 to make your decision.
Option 1. Sign Up For One Month of Free Membership or Free Upgraded Service As Part Of The Settlement
To receive the benefit, you must complete the online registration process no later than June 26, 2006, at www.netflix.com/settlement. By signing up for the benefit, you waive your right to bring a separate lawsuit against Netflix concerning the Claims Released By The Class (as defined in the Settlement Agreement found at www.netflix.com/settlement)..
Option 2. Do Nothing
If you do not wish to receive the benefit, do nothing. You will not receive the benefit but will remain a Class Member. You therefore waive your right to bring a separate lawsuit against Netflix concerning the Claims Released By The Class.
Option 3. Exclude Yourself From the Class
To exclude yourself from the class, you must mail a letter by June 26, 2006.. See Section VII.B. of the Amended Long Form Notice at www.netflix.com/settlement for information about the required contents of the letter and the mailing address. By excluding yourself, you preserve your right to bring a lawsuit against Netflix concerning the Claims Released By The Class. However, you will not get the benefit described above.
To receive your benefit, you must register by June 26, 2006 as described above in Option 1. You will not receive any other reminders to register for the benefit. If you have registered for the benefit and your eligibility is confirmed, then you will be provided additional information by email following the Effective Date as defined in the Amended Settlement Agreement.
To get more information about the settlement and procedures, and to take options 1 or 3, visit www.netflix.com/settlement.
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