1.2 Acceptance of TOU. To access, view and enjoy the Services, you, your heirs, and assigns (collectively, “you”) must agree to and at all times follow the provisions set forth in these TOU. By ACCESSING, VIEWING, OR USING THE SERVICES, you acknowledge that you have read and understand the TOU and that you accept and agree to be bound by these TOU. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE TAKE A MOMENT TO CAREFULLY READ THROUGH THESE TOU IN THEIR ENTIRETY. If you do not agree to BE BOUND BY these TOU, you should not use the Services.
1.3 Account and Registration. We require registration to access many parts of the Services. All registration information you submit must be accurate and updated. Please keep your password, used to access the Services, confidential. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us immediately by e-mail at firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to keep your registration information (e.g., email address) updated in case we need to contact you. Users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or device, you should log-out and deactivate the device before doing so. If you fail to log out and deactivate your device, subsequent users may be able to access your account information.
1.4 The Services. Once registered, OLYHUB offers a marketplace designed to facilitate transactions between buyers, acquirers, distributors, sellers and licensors of different types of Content. In some instances, you may also be able to access some information regarding the Content even if you have not registered to use the Services. References to “Services” throughout these TOU are intended to include all Services available through OLYHUB.
3. ACCESS AND USE OF THE SERVICES.
3.1 Geographic Limitation. OLYHUB is currently available worldwide. Notwithstanding the foregoing, Content listed on OLYHUB is only available in the specific territory/territories as stated on the Site (“Territory”). OLYHUB may cease operation or availability in any country/countries during your subscription period and this TOU will be updated accordingly. We may restrict access entirety or partially with respect to certain Content in our sole discretion. You represent and warrant that any Content that you access will be in a location where said Content has been made available and will not attempt to access the Content from any other location or through proxy servers located in any other location. We may use technologies to verify your geographic location, and will block access to Content based on our good faith determination that you are outside the Territory.
3.2 Age Limitations. You must be 18 years of age or older to become a user of the Services and engage in transactions through the Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a user. Individuals under the age of 18, or under the age of majority in their respective location, MAY NOT use or access the Service.
3.3 Your License. You are hereby granted a non-exclusive, non-transferable limited license to access the Services for personal and limited commercial purposes as set forth in these TOU and only as otherwise agreed to between you and us in a signed, written agreement. Except for the foregoing limited license, no right, title or interest shall be transferred to you in connection with the Site, the Content, or the Services.
3.4 The Content. We do not promote, condone, or allow the copying of any movies, television shows, or other digitally delivered Content, or any other infringing activity. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means: (i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; or (ii) copy, download (other than as expressly permitted by these TOU or a negotiated, fully executed agreement entered into between you and us or a third party seller (as applicable)), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Services, without a negotiated, fully executed agreement entered into between you and us or a third party seller (as applicable) which explicitly permits you to do so. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless there is a negotiated, fully executed agreement entered into between you and us or a third party seller (as applicable) which explicitly permits you to do so. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless there is a negotiated, fully executed agreement entered into between you and us or a third party seller (as applicable) which explicitly permits you to do so. You may not build a business utilizing the Content, whether or not for profit unless there is a negotiated, fully executed agreement entered into between you and us or a third party seller (as applicable) which explicitly permits you to do so. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless there is a negotiated, fully executed agreement entered into between you and us or a third party seller (as applicable) which explicitly permits you to do so.
4. HOW THE SERVICE WORKS.
4.1 General. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Services. Any description of how our Services work should not be considered a representation or obligation with respect to how the Services will always work. We are constantly making adjustments to our Services and often these adjustments may not be captured within these TOU.
The Services are a marketplace for us to sell, license, distribute and otherwise grant rights to Content listed on the Site to you, as a buyer, licensee, distributor, agent or acquirer of content, by way of a signed, written agreement between us and you wherein we grant you certain limited rights. You are not entitled to sub-distribute any rights granted to you by way of these TOU or rights that we grant you through a signed, written agreement, except as explicitly granted in a signed, written agreement.
After locating Content that you want, you make an offer, as further described on the Site, and we will reply to your offer by accepting, rejecting or counter-offering your bid. In the event that we accept your bid, you will receive an email notifying you of our acceptance and detailing next steps. In order for us to have a binding agreement for any of the Content, we must enter into a fully signed, written agreement where we grant you certain limited rights. Note that we do not have a binding agreement just because we accepted your offer in the Services or through the Site in any other way. Only rights granted by way of a signed, written agreement between us and you shall be legally binding. All transactions (including bids and payments), are conducted in United States currency. Please note that the process of us entering into a contract with you shall only partially occur through the Services and the process of signing the contract, payment process, delivery of Content and other specific terms, shall not occur on the Site or in the Services, but shall instead shall occur as per the terms of the signed, written agreement that we enter into with you.
4.2 Availability. The availability of Content will change from time to time. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you. The quality of the display of any of Content and/or materials related to the Content, may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to access the Content on the Services. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your access experience.
4.3 Devices. You acknowledge and agree that devices to be used to access the Services are manufactured and sold by entities other than us. A device is any electronics equipment that is authorized to decode and capable of decoding television network, and individual movies and TV shows that are transmitted over the Internet through the Service. AS SUCH, WE DO NOT TAKE RESPONSIBILITY FOR OR OTHERWISE PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICES. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Services. Additionally, you agree that for various reasons, such as restrictions from content providers and other limitations from third parties, certain Content that may be accessible through certain devices may not be accessible through other devices, and that the Content may appear differently on different devices. The users with unauthorized devices will be blocked from accessing the Content. You also agree that the number of devices through which you may access Content may change based on restrictions from content providers and other third parties imposed from time to time, in which case we will provide you with notice regarding such restrictions. EACH ACCOUNT SHALL INCLUDE ONE USER.
5. OWNERSHIP AND IP RIGHTS. The Services, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included on the Services (the “OLYMPUSAT IP”), is the property of OLYMPUSAT or the property of a party that has authorized its inclusion on the Site, and is protected by United States and/or international copyright, trademark, trade secret or other intellectual property laws and treaties and/or other proprietary rights. Any OLYMPUSAT IP that is a trademark, logo, or service mark is also a registered or unregistered trademark of OLYMPUSAT or others. Your use of any OLYMPUSAT IP, except as provided in these TOU, without the written permission of the owner of such OLYMPUSAT IP is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent, purchase search terms or use any meta-tags or any other “hidden text” utilizing the OLYMPUSAT IP. Any images of persons or personalities contained on the Site, Services or Content and in connection with user interfaces are not an indication or endorsement of OLYMPUSAT or any particular product or our service unless otherwise indicated.
6. YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE. The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Services that is not authorized by us in writing (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
involves accessing the Services through any automated means such as “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
results in the viewing of programming in areas open to the public or in commercial establishments or in the rebroadcasting, transmitting or performance of the programming, charging admission for its viewing or transmitting or distributing running accounts of it or violating any additional public performance limitations, except as specifically agreed to between you and us, in a signed written agreement;;
uses, transfers, distributes, or disposes of any information contained in the Services in any manner that could complete with the business of OLYMPUSAT or any of its affiliates;
results in the sending of spam or unsolicited mailings or in the harvesting of information about users for the purpose of sending spam or unsolicited mailings;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including our servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;
uses the Services to advertise or promote services that are not expressly approved in advance in writing by us;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these TOU or any guidelines or policies posted by us;
interferes with any other party’s use and enjoyment of the Services; or
attempts to do any of the foregoing.
7. MEMBERSHIP AND BILLING.
7.1 Memberships.. We may offer a number of membership plans with different limitations, fees, and restrictions. We reserve the right to modify, terminate or otherwise amend our offered membership plans. We may change the fees and charges in effect, or add new fees and charges from time to time, upon advanced notice of these changes. Any price change will take effect thirty (30) days after we post to OLYHUB and notify you via email. However, we may not always be able to notify you of changes in any applicable taxes. Any materially different terms from those described in these TOU will be disclosed at your sign-up or in other communications made available to you.
OLYHUB will be made available for a price or at no charge. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion with thirty (30) days advanced notice to you. We may modify or discontinue any promotions at any time with thirty (30) days advanced notice to you. Notice shall be delivered to you via the email you provide during the registration process. Once posted thereto, you acknowledge, accept and agree that notice shall be deemed given and received by you.
You may cancel your OLYHUB subscription at any time.
7.3 Free Trials. From time to time, we may provide you with free trials, and other special offers. To use these offers, you must follow instructions as provided with the offer. We are not responsible for you not being able to access any offer for any reason.
7.4 Billing. All fees for rights to be granted to Content shall be paid as per the terms of the signed, written agreement that we enter into with you for the Content.
7.5 Credits. At any time, and for any reason, we may provide a discount, credit, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
7.6 Cancellation. Your membership to the Services will continue in effect on a month-to-month basis unless and until you properly cancel your membership in accordance with this TOU or the account or service is otherwise suspended or discontinued pursuant to these TOU. You must cancel your applicable membership before it renews each month.
7.7 Suspension/Discontinuation/Termination. We reserve the right to immediately terminate, suspend or otherwise restrict your account or your use of the Services or access to Content at any time, without notice or liability, if we determine in our sole discretion that you have breached these TOU, violated any law, rule or regulation, engaged in other inappropriate conduct, or for any other business reason, including if your use of the Services or access to Content places an undue burden on our networks or servers. We will not be liable to you for any modification, suspension, or discontinuance of the Services, although we may, in our sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days to your account) in accordance with these TOU. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these TOU, then you will not be eligible for any such credit, discount, or other consideration.
Termination of use of the Services or Site, shall in no way terminate any signed, written agreements, for the Content, that we enter into with you. You shall be responsible for fulfilling any and all obligations as stated in any signed, written agreement between us and you, if any.
9. THIRD PARTY WEBSITES, ADVERTISING AND APPLICATIONS.
9.2Advertisements. We take no responsibility for advertisements or any third party material posted on the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.
10 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY.
You expressly agree that use of our Site and the Services is at your sole risk. Neither we, nor our affiliates, nor any of our officers, directors, employees, agents, third-party content or service providers, or licensors, represent or warrant that this site will be uninterrupted or error-free; nor do we make any warranty whatsoever as to the results that may be obtained from the use of this Site or the Services, or as to the accuracy, completeness, reliability or security of the Contents, whether or not created by us.
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site or Services. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
We do not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to us will be deemed NOT to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “OLYMPUSAT PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE OLYMPUSAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.
NEITHER WE NOR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS US AND OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PROVIDERS, AND THE PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OLYMPUSAT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at email@example.com (subject line: “OLYHUB DMCA Takedown Request”). You may also contact us by mail at:
Colleen E. Glynn, Esq.
c/o OLYMPUSAT, INC.
477 S. Rosemary Ave.
West Palm Beach, FL 33401
Telephone: (561) 249-5215
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.
12 DISPUTE RESOLUTION AND CLASS ACTION WAIVER.
PLEASE READ THE FOLLOWING SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOU, and the formation, validity, enforceability, scope, or applicability of this TOU, including this Section 12 (referred to as a “Claim”) will be resolved as follows:
12.1 Informal Resolution.We will first try to resolve any Claim informally directly between us. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 12.3 and 12.4 below) for at least sixty (60) days after one of us notifies the other of a Claim in writing. You will send your notice to OLYHUB, c/o OLYMPUSAT, INC., 477 S. Rosemary Avenue, Suite #306, West Palm Beach, FL 33401 , and we will send our notice to the address that you provide when you register for the Site or Services.
12.2 Formal Resolution. Except as provided in Section 12.3 and 12.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this TOU. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration, as per a signed, written agreement entered into by us with you. To start an arbitration, you or we must do the following things:
(i) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(ii) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(iii) Send one copy of the demand for arbitration to us.
12.3 Special Rules.
(i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.
(ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 12 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
12.4 Time to Bring A Claim: You agree to work with Olympusat to resolve any issue that may arise out of the use of this TOU promptly. However, if we cannot, you expressly agree to bring any claim within one (1) year after the claim arises otherwise the claim is waived. This limitation applies regardless of which venue this claim is or could be otherwise asserted.
13. GENERAL PROVISIONS
13.1 Electronic Communications. By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, confirmation e-mails and other transactional information, and information concerning or related to the Services, and may include newsletters and promotional communications from us if you have chosen to receive such communications during sign-up and have not opted out. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to update your personal information immediately upon any change to your email address.
13.2 Service Testing. From time to time, we test various aspects of the Services, including our website, user interfaces, service levels, plans, promotions, features, availability of movies and television shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
14 CONTACT INFORMATION. If you have any questions about these TOU or the Services, visit OLYHUB “Help” Menu or contact us by e-mail at OLYHUBSALES@OLYMPUSAT.com
©2019 Olympusat, Inc.