Terms of Use
Last updated: December 14th, 2023
IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW CAREFULLY.
1. Introduction
Welcome to StreamGuide! This Website (referred to as the "Website") and the associated software (referred to as the "Software") are owned and operated by StreamGuide. By accessing or using this Website or the Software (collectively referred to as the "Services"), you agree to be bound by these Terms of Use ("Terms" or "Terms of Use").
By accessing the Services, you confirm and warrant that you are either at least 18 years of age or are accessing the Website under the supervision of a parent or guardian. Please be aware that our Services are not intended for individuals under the age of 18. These Terms establish a legal agreement between you and StreamGuide. If you do not agree to these Terms, please refrain
from using the Website or the Services. StreamGuide reserves the right to modify, add, or delete portions of these Terms at any time. If changes are made, your continued use of the Services constitutes your acceptance of such modifications. The updated Terms will become effective upon being posted on this Website.
Privacy Policy
We encourage you to carefully read and understand our Privacy Policy, as it elucidates our procedures regarding the gathering and utilization of your information in conjunction with the Services. The management of your information is consistently guided by our Privacy Policy, seamlessly integrated into these Terms. By utilizing the Services, you acknowledge that you comprehend and agree to the collection and utilization of your information as outlined in our Privacy Policy.
Changes to the Services
We retain the right to modify and enhance the features and functionality of the Services at our discretion. This encompasses the ability to add, modify, or remove features and functionality, as well as updating the manner in which our Services are delivered. Any forthcoming releases, updates, or additional elements introduced to the Services will be governed by these Terms unless a revised set of Terms is posted. Furthermore, we hold the authority to suspend or terminate the Services at any time and for any reason, without prior notice.
General Information
By accessing this Website, you commit to adhering to these Terms and any other guidelines or prerequisites posted on the Website. You pledge to observe all pertinent laws, rules, and regulations while registering for, accessing, or utilizing the Services. Any involvement in fraudulent activities or misuse of the Services, as well as engaging in harmful or harassing conduct, is strictly
prohibited.
The breach of the Services' security is expressly forbidden and may result in criminal and/or civil liability. We retain the right to investigate incidents involving such breaches, collaborating with law enforcement if a criminal violation is suspected. You acknowledge that we are not obligated to monitor your access to or use of the Services for violations of the Terms or review any content you submit to us. Nevertheless, we reserve the right to do so to operate and enhance the Services (including, but not limited to, fraud prevention, risk assessment, investigation, and customer support purposes), ensuring your compliance with the Terms, and complying with applicable law or the directives of a court, consent decree, administrative agency, or other governmental body.
Proprietary Rights
You recognize that this Website encompasses Content safeguarded by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights. These rights are acknowledged as valid and protected across all forms, media, and technologies currently existing or developed in the future.
Submitted Materials
StreamGuide appreciates your understanding that, unless expressly solicited, we do not wish to receive any confidential, proprietary, or trade secret information from you via the Website (including contact emails provided on the Website). Consequently, if you transmit any information or creative works, such as idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts, or demos in any media, including photographs, graphics, audiovisual media, or other materials, you hereby grant StreamGuide a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferrable, assignable, and sublicensable right and license. This license allows StreamGuide to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works, create collective works, and distribute, perform, display, license, and sublicense (through multiple levels) the material in any media now known or hereinafter invented, including for commercial purposes.
Third-Party Links and Services
The Website and Software may include links to third-party websites, offers, or events and promotions not owned or controlled by StreamGuide ("Linked Sites"). These Linked Sites are beyond our control, endorsement, sponsorship, recommendation, or responsibility for their content. We do not provide any warranties or representations, whether express or implied, regarding the content, accuracy, currency, or completeness of such content on any Linked Sites or the actions of the organizations behind them. Clicking on a link to another website means you are subject to different terms of use and a distinct privacy policy. It is crucial to read and agree to those terms and policies before proceeding. Accessing Linked Sites is undertaken at your own risk.
Software
Discover and explore your favorite shows and movies effortlessly with StreamGuide! By utilizing the Software, you acknowledge that StreamGuide may send you third-party content. It's important to note that we neither promote nor endorse such content, and we are not affiliated with it. If you wish to cease receiving third-party content, you must uninstall the Software.
Uninstalling Software
Uninstalling the Software is a straightforward process that you can initiate at any time. Visit the Uninstall page on the Website and follow the provided instructions to remove the Software from your system. Should you have any questions or would like to discuss this further, feel free to reach out via email to .
Claims of Infringement
StreamGuide values the intellectual property of others. If you believe that any content on our Website or Software infringes upon your copyright or other proprietary rights, please send an email with the relevant details to following our Copyright Policy.
Indemnification
You hereby agree to indemnify and hold StreamGuide and its corporate family members (including parents, subsidiaries, and affiliates), along with their agents, partners, employees, and contractors, harmless from and against any claims, damages, loss, costs, fines, penalties, settlements, expenses, payments, or other liabilities. This includes reasonable attorney’s fees and legal expenses arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any law or third-party right. This encompasses any claims related to copyright, trademark, trade secret, or privacy rights associated with your use of the Website.
Disclaimer of Representations and Warranties
StreamGuide makes no representation regarding the completeness, accuracy, or currency of any information on this Website or Software. Your use of the Services is entirely at your own risk. The content and information found on this Website are provided "as is" and “as available,” without any warranty of any kind, either express or implied. This includes, without limitation, any warranty for the products, information, or services provided through or in connection with the Website. StreamGuide disclaims any implied warranties of merchantability, fitness for a particular purpose, privacy, or non-infringement.
StreamGuide does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server making it available is free of viruses or other harmful components. We make no representations that the Services are compatible with any particular hardware or software platform, nor do we guarantee the enforcement of the Terms against others to your satisfaction.
Efforts by StreamGuide to modify the Services shall not be deemed a waiver of these limitations or any other provision of these Terms. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. In cases where such laws apply, the warranties will be disclaimed to the fullest extent permitted by law.
Limitation of Liability
In no event shall StreamGuide or its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, independent contractors, and StreamGuide Parties (collectively, with StreamGuide, the “StreamGuide Entities”) be liable to you or any third-party for any consequential, indirect, incidental, punitive, exemplary, or special damages arising out of or in connection with these Terms of Use, the use or inability to use the Website, Services, or Content, any breach of security, or any content, information, products, or services obtained through the Services. This includes any loss of revenue or profits, loss of use, loss of data, or business interruption, whether based on contract, tort, strict liability, regulation, common law precedent, or other legal theory, even if the StreamGuide Entities have been advised of the possibility of damages and even if such damages result from any StreamGuide Entity’s negligence or gross negligence. In no event shall the StreamGuide Entities’ aggregate liability (or the aggregate liability of its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) arising out of or in connection with the Terms of Use, Website, or Services exceed one hundred U.S. dollars (U.S. $100.00). Additional disclaimers by StreamGuide may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the material contained therein, such greater restrictions shall apply. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. In cases where such laws apply, liability of the StreamGuide Entities shall be limited to the fullest extent permitted by law.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and StreamGuide mutually acknowledge that these Terms impact interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions within this Section. This Section is intended to be construed broadly and applies to any and all disputes between us. This includes, but is not limited to, claims arising out of or related to any aspect of the relationship between us. These claims may be based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. They may pertain to matters that arose before these Terms or any previous agreement (including, but not limited to, claims related to advertising and any content available on or through any App or our website(s)). Additionally, this Section covers claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By accepting these Terms, you commit to resolving any and all disputes with StreamGuide in the following manner:
Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. You can reach us at . Except for intellectual property and small claims court claims, the parties pledge to exert their best efforts to settle any dispute, claim, question, or disagreement directly through consultations with StreamGuide. Good faith negotiations shall be a condition precedent to either party initiating a lawsuit or arbitration.
Binding Arbitration
If the parties fail to reach an agreed-upon solution within thirty (30) days from the initiation of informal dispute resolution under the Initial Dispute Resolution provision above, either party may commence binding arbitration as the exclusive means to resolve claims, subject to the terms outlined below. The arbitrator, and not any federal, state, or local court or agency, shall possess sole authority to address all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy. This includes, but is not limited to, any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator is authorized to grant whatever relief would be available in a court under law or in equity. The arbitrator's award, written and binding on the parties, may be entered as a judgment in any court of competent jurisdiction.
To initiate arbitration, you must:
(a) Draft a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (a copy of a Demand for Arbitration can be found at www.jamsadr.com);
(b) Send three copies of the Demand for Arbitration, along with the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and
(c) Email a copy of the Demand for Arbitration to us at .
Arbitration Terms and Class Action Waiver
The parties acknowledge that, in the absence of this mandatory arbitration provision, they would retain the right to initiate a lawsuit in court and request a jury trial. Furthermore, they recognize that, in certain instances, the costs associated with arbitration might surpass the costs of litigation, and the right to discovery could be more limited in arbitration compared to court
proceedings.
You and StreamGuide also commit to the personal jurisdiction of any federal or state court in Los Angeles, California. This submission is made to enforce arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award issued by the arbitrator.
Class Action Waiver: The parties additionally agree that arbitration shall be conducted solely in their individual capacities and not as part of a class action or any other representative action. Both parties expressly waive their right to initiate a class action or seek relief on a class basis. YOU AND STREAMGUIDE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator deems the class action waiver in this paragraph void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provisions outlined above shall be deemed null and void in their entirety. The parties will be considered as not having agreed to arbitrate disputes.
Opt-Out and Changes to Arbitration Section
30-Day Right to Opt Out: You retain the right to opt out and not be bound by the arbitration and class action waiver provisions mentioned above by sending written notice of your decision to opt out to with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” This notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you will be obligated to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, StreamGuide will also not be bound by them.
Changes to This Section: StreamGuide will provide thirty (30) days’ notice of any changes to this section by posting on the Services, sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of the Services.
Governing Law
The Terms and the relationship between you and StreamGuide shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. Any claim or dispute either party may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County, California. Both parties agree to submit to the personal jurisdiction of the federal and state courts within Los Angeles County, California, for the purpose of litigating all such claims or disputes not subject to arbitration.
Statute of Limitations
Any cause of action arising out of or related to the Terms, the Website, or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Please note that there may be jurisdictions in which this contractual limit on the statute of limitations does not apply.
Other
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, superseding and replacing any and all prior oral or written understandings or agreements on the same topic. Certain sections of these Terms shall survive any termination of your Account or any aspect of the Services, for example, should we cease offering them. The failure to enforce any part of these Terms will not be considered a waiver. Any amendment to or waiver of these Terms by us must be made in writing and signed by us. If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemedseverable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause, which is as close to the intention of the parties as possible. All of our rights and obligations under these Terms (including any license rights) are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law.
Questions
If you have questions regarding these Terms, please feel free to reach out to us at .
IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW CAREFULLY.
1. Introduction
Welcome to StreamGuide! This Website (referred to as the "Website") and the associated software (referred to as the "Software") are owned and operated by StreamGuide. By accessing or using this Website or the Software (collectively referred to as the "Services"), you agree to be bound by these Terms of Use ("Terms" or "Terms of Use").
By accessing the Services, you confirm and warrant that you are either at least 18 years of age or are accessing the Website under the supervision of a parent or guardian. Please be aware that our Services are not intended for individuals under the age of 18. These Terms establish a legal agreement between you and StreamGuide. If you do not agree to these Terms, please refrain
from using the Website or the Services. StreamGuide reserves the right to modify, add, or delete portions of these Terms at any time. If changes are made, your continued use of the Services constitutes your acceptance of such modifications. The updated Terms will become effective upon being posted on this Website.
Privacy Policy
We encourage you to carefully read and understand our Privacy Policy, as it elucidates our procedures regarding the gathering and utilization of your information in conjunction with the Services. The management of your information is consistently guided by our Privacy Policy, seamlessly integrated into these Terms. By utilizing the Services, you acknowledge that you comprehend and agree to the collection and utilization of your information as outlined in our Privacy Policy.
Changes to the Services
We retain the right to modify and enhance the features and functionality of the Services at our discretion. This encompasses the ability to add, modify, or remove features and functionality, as well as updating the manner in which our Services are delivered. Any forthcoming releases, updates, or additional elements introduced to the Services will be governed by these Terms unless a revised set of Terms is posted. Furthermore, we hold the authority to suspend or terminate the Services at any time and for any reason, without prior notice.
General Information
By accessing this Website, you commit to adhering to these Terms and any other guidelines or prerequisites posted on the Website. You pledge to observe all pertinent laws, rules, and regulations while registering for, accessing, or utilizing the Services. Any involvement in fraudulent activities or misuse of the Services, as well as engaging in harmful or harassing conduct, is strictly
prohibited.
The breach of the Services' security is expressly forbidden and may result in criminal and/or civil liability. We retain the right to investigate incidents involving such breaches, collaborating with law enforcement if a criminal violation is suspected. You acknowledge that we are not obligated to monitor your access to or use of the Services for violations of the Terms or review any content you submit to us. Nevertheless, we reserve the right to do so to operate and enhance the Services (including, but not limited to, fraud prevention, risk assessment, investigation, and customer support purposes), ensuring your compliance with the Terms, and complying with applicable law or the directives of a court, consent decree, administrative agency, or other governmental body.
Proprietary Rights
You recognize that this Website encompasses Content safeguarded by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights. These rights are acknowledged as valid and protected across all forms, media, and technologies currently existing or developed in the future.
Submitted Materials
StreamGuide appreciates your understanding that, unless expressly solicited, we do not wish to receive any confidential, proprietary, or trade secret information from you via the Website (including contact emails provided on the Website). Consequently, if you transmit any information or creative works, such as idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts, or demos in any media, including photographs, graphics, audiovisual media, or other materials, you hereby grant StreamGuide a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferrable, assignable, and sublicensable right and license. This license allows StreamGuide to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works, create collective works, and distribute, perform, display, license, and sublicense (through multiple levels) the material in any media now known or hereinafter invented, including for commercial purposes.
Third-Party Links and Services
The Website and Software may include links to third-party websites, offers, or events and promotions not owned or controlled by StreamGuide ("Linked Sites"). These Linked Sites are beyond our control, endorsement, sponsorship, recommendation, or responsibility for their content. We do not provide any warranties or representations, whether express or implied, regarding the content, accuracy, currency, or completeness of such content on any Linked Sites or the actions of the organizations behind them. Clicking on a link to another website means you are subject to different terms of use and a distinct privacy policy. It is crucial to read and agree to those terms and policies before proceeding. Accessing Linked Sites is undertaken at your own risk.
Software
Discover and explore your favorite shows and movies effortlessly with StreamGuide! By utilizing the Software, you acknowledge that StreamGuide may send you third-party content. It's important to note that we neither promote nor endorse such content, and we are not affiliated with it. If you wish to cease receiving third-party content, you must uninstall the Software.
Uninstalling Software
Uninstalling the Software is a straightforward process that you can initiate at any time. Visit the Uninstall page on the Website and follow the provided instructions to remove the Software from your system. Should you have any questions or would like to discuss this further, feel free to reach out via email to .
Claims of Infringement
StreamGuide values the intellectual property of others. If you believe that any content on our Website or Software infringes upon your copyright or other proprietary rights, please send an email with the relevant details to following our Copyright Policy.
Indemnification
You hereby agree to indemnify and hold StreamGuide and its corporate family members (including parents, subsidiaries, and affiliates), along with their agents, partners, employees, and contractors, harmless from and against any claims, damages, loss, costs, fines, penalties, settlements, expenses, payments, or other liabilities. This includes reasonable attorney’s fees and legal expenses arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any law or third-party right. This encompasses any claims related to copyright, trademark, trade secret, or privacy rights associated with your use of the Website.
Disclaimer of Representations and Warranties
StreamGuide makes no representation regarding the completeness, accuracy, or currency of any information on this Website or Software. Your use of the Services is entirely at your own risk. The content and information found on this Website are provided "as is" and “as available,” without any warranty of any kind, either express or implied. This includes, without limitation, any warranty for the products, information, or services provided through or in connection with the Website. StreamGuide disclaims any implied warranties of merchantability, fitness for a particular purpose, privacy, or non-infringement.
StreamGuide does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server making it available is free of viruses or other harmful components. We make no representations that the Services are compatible with any particular hardware or software platform, nor do we guarantee the enforcement of the Terms against others to your satisfaction.
Efforts by StreamGuide to modify the Services shall not be deemed a waiver of these limitations or any other provision of these Terms. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. In cases where such laws apply, the warranties will be disclaimed to the fullest extent permitted by law.
Limitation of Liability
In no event shall StreamGuide or its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, independent contractors, and StreamGuide Parties (collectively, with StreamGuide, the “StreamGuide Entities”) be liable to you or any third-party for any consequential, indirect, incidental, punitive, exemplary, or special damages arising out of or in connection with these Terms of Use, the use or inability to use the Website, Services, or Content, any breach of security, or any content, information, products, or services obtained through the Services. This includes any loss of revenue or profits, loss of use, loss of data, or business interruption, whether based on contract, tort, strict liability, regulation, common law precedent, or other legal theory, even if the StreamGuide Entities have been advised of the possibility of damages and even if such damages result from any StreamGuide Entity’s negligence or gross negligence. In no event shall the StreamGuide Entities’ aggregate liability (or the aggregate liability of its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) arising out of or in connection with the Terms of Use, Website, or Services exceed one hundred U.S. dollars (U.S. $100.00). Additional disclaimers by StreamGuide may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the material contained therein, such greater restrictions shall apply. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. In cases where such laws apply, liability of the StreamGuide Entities shall be limited to the fullest extent permitted by law.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and StreamGuide mutually acknowledge that these Terms impact interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions within this Section. This Section is intended to be construed broadly and applies to any and all disputes between us. This includes, but is not limited to, claims arising out of or related to any aspect of the relationship between us. These claims may be based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. They may pertain to matters that arose before these Terms or any previous agreement (including, but not limited to, claims related to advertising and any content available on or through any App or our website(s)). Additionally, this Section covers claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By accepting these Terms, you commit to resolving any and all disputes with StreamGuide in the following manner:
Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. You can reach us at . Except for intellectual property and small claims court claims, the parties pledge to exert their best efforts to settle any dispute, claim, question, or disagreement directly through consultations with StreamGuide. Good faith negotiations shall be a condition precedent to either party initiating a lawsuit or arbitration.
Binding Arbitration
If the parties fail to reach an agreed-upon solution within thirty (30) days from the initiation of informal dispute resolution under the Initial Dispute Resolution provision above, either party may commence binding arbitration as the exclusive means to resolve claims, subject to the terms outlined below. The arbitrator, and not any federal, state, or local court or agency, shall possess sole authority to address all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy. This includes, but is not limited to, any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator is authorized to grant whatever relief would be available in a court under law or in equity. The arbitrator's award, written and binding on the parties, may be entered as a judgment in any court of competent jurisdiction.
To initiate arbitration, you must:
(a) Draft a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (a copy of a Demand for Arbitration can be found at www.jamsadr.com);
(b) Send three copies of the Demand for Arbitration, along with the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and
(c) Email a copy of the Demand for Arbitration to us at .
Arbitration Terms and Class Action Waiver
The parties acknowledge that, in the absence of this mandatory arbitration provision, they would retain the right to initiate a lawsuit in court and request a jury trial. Furthermore, they recognize that, in certain instances, the costs associated with arbitration might surpass the costs of litigation, and the right to discovery could be more limited in arbitration compared to court
proceedings.
You and StreamGuide also commit to the personal jurisdiction of any federal or state court in Los Angeles, California. This submission is made to enforce arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award issued by the arbitrator.
Class Action Waiver: The parties additionally agree that arbitration shall be conducted solely in their individual capacities and not as part of a class action or any other representative action. Both parties expressly waive their right to initiate a class action or seek relief on a class basis. YOU AND STREAMGUIDE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator deems the class action waiver in this paragraph void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provisions outlined above shall be deemed null and void in their entirety. The parties will be considered as not having agreed to arbitrate disputes.
Opt-Out and Changes to Arbitration Section
30-Day Right to Opt Out: You retain the right to opt out and not be bound by the arbitration and class action waiver provisions mentioned above by sending written notice of your decision to opt out to with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” This notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you will be obligated to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, StreamGuide will also not be bound by them.
Changes to This Section: StreamGuide will provide thirty (30) days’ notice of any changes to this section by posting on the Services, sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of the Services.
Governing Law
The Terms and the relationship between you and StreamGuide shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. Any claim or dispute either party may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County, California. Both parties agree to submit to the personal jurisdiction of the federal and state courts within Los Angeles County, California, for the purpose of litigating all such claims or disputes not subject to arbitration.
Statute of Limitations
Any cause of action arising out of or related to the Terms, the Website, or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Please note that there may be jurisdictions in which this contractual limit on the statute of limitations does not apply.
Other
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, superseding and replacing any and all prior oral or written understandings or agreements on the same topic. Certain sections of these Terms shall survive any termination of your Account or any aspect of the Services, for example, should we cease offering them. The failure to enforce any part of these Terms will not be considered a waiver. Any amendment to or waiver of these Terms by us must be made in writing and signed by us. If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemedseverable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause, which is as close to the intention of the parties as possible. All of our rights and obligations under these Terms (including any license rights) are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law.
Questions
If you have questions regarding these Terms, please feel free to reach out to us at .