FREETV TERMS OF USE

• 1. INTRODUCTION TO SERVICE AND ACCEPTANCE OF TERMS OF USE.

• 1.1. Introduction. OLYMPUSAT, LLC provides an online streaming service offering a selection of videos on demand featuring individual movies, series, clips and other audiovisual content (collectively, the “Content”) through the FREETV™ platform; located at the FREE TV website http://www.FREETV.com (the “SiteApp”), mobile applications (apps) and as available smart phones, smart TVs, computer devices or game system platforms that allow you to access the Content (collectively, “Services”). These detailed terms and conditions, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN SECTION 18 and which incorporate our Privacy Policy (collectively, the “TOU”), govern your use of the Services. It is therefore important that you read and understand these TOU.
• 1.2. Acceptance of TOU. To access 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 using the Services, you accept and agree to be bound by these TOU. Please take a moment to carefully read through these TOU. If you do not agree to these TOU, you should not use the Services.
• 1.3. If a registration to Free TV is entered or required to use the Services, you represent that you are entitled to disclose your third party Distributor or social network account login information to us and/or grant us access to your third party Distributor or social network account. Please keep your FREETV 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 FREETV 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 support@freetv.com as soon as you know of, or suspect any unauthorized use of, your account. 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.

• 2. THE SERVICES.

• 2.1. Once you download the app, you can access FREETV which provide access to different types of video on demand Content.
• 2.2. References to “Services” throughout these TOU are intended to include all Services available through FREETV.
• 2.3. CHANGES TO THE TOU. We may amend these TOU (including the Privacy Policy) at any time in our discretion, with or without notice to you, effective immediately by posting the amended TOU on the Services. The most current version of the TOU will supersede all previous versions. You may also be asked to re-acknowledge and re-accept this TOU following any material changes as determined in our sole discretion.

• 3. ACCESS AND USE OF THE SERVICES.

• 3.1. Geographic Limitation. FREETV is available and operated in the United States of America, Latin America and the Caribbean (herein after collectively referred to as the “Territory(s)” or individually as a “Territory” if referring to individual areas such as (i) Latin America, (ii) the United States of America, and (iii) Caribbean). Countries in Latin America include: Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela. The United States shall be defined as the United States, Puerto Rico and the U.S. Virgin Islands. The Caribbean shall include the Dominican Republic. FREETV may be available and operated in other countries and this TOU will be updated accordingly. The Content in each Territory may vary due to rights and licenses. FREETV makes no representations that all Content is or will be available across all Territories. We may restrict access to FREETV in its entirety or partially with respect to certain Content from other countries or locations outside the Territory in our sole discretion. You represent and warrant that you are in a location where FREETV has been made available and will not attempt to access the Services from any other location or through VPN and/or proxy servers located in any other location. We may use technologies to verify your geographic location and will block access to the Services based on our good faith determination that you are outside the Territory. Any unauthorized access outside the Territory could result in a termination of your access to the Services.
• 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. While individuals under the age of 18 may utilize the Service, they may do so only with the consent of a parent or legal guardian, under such person’s account and otherwise subject to these TOU, the Privacy Policy, and any other posted terms. The Services are targeted to a general audience and are not intended to be purchased or used by children, without involvement, supervision, and approval of a parent or legal guardian.
• 3.3. Your License. You are hereby granted a non-exclusive, non-transferable limited license to access the Services for personal, non-commercial purposes as set forth in these TOU. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
• 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, App, 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; and (ii) copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOU), 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 our express written consent. 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 expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by us. You may not build a business utilizing the Content, whether or not for profit. 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 in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by us in writing.

• 4. PARENTAL CONTROLS/CONTENT.

• 4.1. THE SERVICE CONTAINS MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. WHERE POSSIBLE, CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION RATINGS/CONTENT ADVISORIES. HOWEVER, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. Such Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian.
• 4.2. If you wish to restrict content for your account you may either:
• 4.2.1. If a registration to Free TV is entered or required to use the Services, you represent that you are entitled to disclose your third party Distributor or social network account login information to us and/or grant us access to your third party Distributor or social network account. Please keep your FREETV 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 FREETV 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 support@freetv.com as soon as you know of, or suspect any unauthorized use of, your account. 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.
• 4.2.2. visit your distributor’s website to set Parental Controls (if available).
• 4.3. If you choose to access or allow a household member to access any adult or mature Content on the Service, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature may occur. You agree that use of the Service is at your sole risk and that Olympusat shall have no liability to you or any of your household members for the type of Content that you may access or allow to be accessed. It is your responsibility to ensure that the Content accessed by you and/or your household members does not violate the laws or other requirements of the applicable community.

• 5. HOW THE SERVICE WORKS.

• 5.1. 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.
• 5.2. 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, some or all Content may not be watched, may only be watched for a certain period of time, or may cease to be available for watching instantly, through our Service on some or all devices. Some levels of the Services may allow you to view certain Content live, and such live Content may not be cached or recorded for later viewing and will only be available during the time period in which it is aired. The quality of the display of the streaming Content may vary from 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 watch the Content. 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 watching experience.
• 5.3. 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 watch 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 PROVIDE ACCESS FOR ONE USER AT A TIME. YOU WILL BE ALLOWED TO WATCH CONTENT ON ONE OR MORE DEVICES AT ANY GIVEN TIME. DEVICES WHICH WILL PERMIT ACCESS TO FREETV, WHICH ARE SUBJECT TO CHANGE FROM TIME TO TIME AS INDICATED IN THIS TERMS OF USE INCLUDE:
• 5.3.1. Android Smartphones: Samsung Galaxy, Samsung Galaxy Note, HTC One, One Mini and Nexus models 4,5 and 6. Android Tablets: Asus Nexus 7, Samsung Galaxy Tab models 2, 3, 4, 8 and 10. Devices may be added at a later date and you will be notified via the App.
• 5.3.2. iOS Smartphones from iPhone 4 to current version. Apple Tablets: iPad3, iPad4, Ipad Mini and iPad Air.
• 5.3.3. Samsung TV, LG TV, Android TV, Amazon Fire TV, ROKU and the FREE TV website http://www.FREETV.com (the “Site App”).

• 6. OWNERSHIP AND IP RIGHTS.

• 6.1. 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 its licensors or content providers and is protected by United States and international copyright, trademark, trade secret or other intellectual property laws and treaties. 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 App and in connection with user interfaces are not an indication or endorsement of OLYMPUSAT or any particular product or our service unless otherwise indicated.

• 7. YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE.

• 7.1.The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:
• 7.1.1. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• 7.1.2. 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);
• 7.1.3. 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);
• 7.1.4. 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;
• 7.1.5. 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;
• 7.1.6. 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;
• 7.1.7. 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;
• 7.1.8. damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including our servers, computer network, or user accounts;
• 7.1.9. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;
• 7.1.10. uses the Services to advertise or promote services that are not expressly approved in advance in writing by us;
• 7.1.11. collects personal information in violation of our Privacy Policy;
• 7.1.12. encourages conduct that would constitute a criminal offense or give rise to civil liability;
• 7.1.13. violates these TOU or any guidelines or policies posted by us;
• 7.1.14. interferes with any other party’s use and enjoyment of the Services; or
• 7.1.15. attempts to do any of the foregoing.

• 8. SUSPENSION/DISCONTINUATION/TERMINATION.

• 8.1. 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.

• 9. YOUR PRIVACY.

• 9.1. For information about our policies and practices regarding the collection and use of your personal information, please read our Privacy Policy. The Privacy Policy is incorporated by reference and made part of these TOU. Thus, by agreeing to these TOU, you agree that your use of the Services is governed by our Privacy Policy in effect at the time of your use. Any personal information submitted through the Service is subject to our Privacy Policy.

• 10. THIRD PARTY WEB SITES, ADVERTISING AND APPLICATIONS.

• 10.1. Third Party Destinations. If we provide links to other websites, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. Please be careful to read the applicable terms and conditions and privacy policy of any other website before you provide any personal information or engage in any transactions. We are not responsible for the content or practices of any website other than the Site, even if the website is operated by a company affiliated or otherwise connected with us. By using the Service, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than the App itself and then only to the extent provided for herein.
• 10.2. Advertisements. 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.
• 10.3. These third parties may use cookies, web beacons, pixels, or similar technologies to perform this activity. They may also obtain information about applications you use, websites you visit, and other information from across your devices and browsers as well as associate various browsers and devices together in order to help serve advertising that may be more relevant to your interests on and off our Service and across your devices and browsers. This type of advertising is known as interest-based advertising.
• 10.4. Third Party Applications. You may encounter third-party applications (including, without limitation, social networking websites, plug-ins, widgets, software, or other software utilities) (“Third Party Applications”) that interact with or are part of the Services. These Third Party Applications may import data related to your account and use of the Services and otherwise gather data from you. These Third Party Applications are provided solely as a convenience to you, and unless noted otherwise by us, we are not responsible for and do not endorse the content of such Third Party Applications. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY US. By using Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information relating to your account, you are consenting to the information about your account being shared; (ii) your interaction with a Third Party Application may cause personal information, including information about your Content viewing history, to be publicly disclosed and/or associated with you, even if we have not provided such information; (iii) we may send information about you to these Third Party Applications, including information about the Content you view and your activities on the Services; and (iv) your USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN RISK, and you will hold us harmless for the sharing of information relating to your account that results from your use of Third Party Applications. The Third Party Application’s terms, privacy policy, and/or any other documentation or materials will govern your use of that Third Party Application. It is possible that you may be able to revoke a Third Party Application’s access to your account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Third Party Application depending on its policies. If you have any questions, concerns, complaints, or claims about the Third Party Applications, you should contact the support or contact personnel of the Third Party Application and not us, unless otherwise indicated by us. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY APPLICATIONS.

• 11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY. 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.

• 12. 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.

• 13. 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.

• 14. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.

• 14.1. 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 dmca@OLYMPUSAT.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: Legal Department FREETV c/o OLYMPUSAT, LLC 477 S. Rosemary Ave Suite 306 West Palm Beach, FL 33406 Telephone: (561) 249-5215 Fax: (240) 371-7187
• 14.2. 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.

• 15. DISPUTE RESOLUTION AND CLASS ACTION WAIVER.

• 15.1. 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.
• 15.2. PROCEEDINGS TO RESOLVE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you or Olympusat will seek to have a dispute heard as a class action or private attorney general action or in any other proceedings in which either party acts or proposes to act in a representative capacity.
• 15.3. 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 18 (referred to as a “Claim”) will be resolved as follows:
• 15.4. Informal Resolution. We will first try to resolve any Claim directly between us informally, meaning mutual agreement between us. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 19 below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to FREETV, c/o OLYMPUSAT, LLC., 477 S. Rosemary Avenue, Suite #306, West Palm Beach, FL 33401, and we will send our notice to your billing address.
• 15.5. Formal Resolution. Except as provided in Section 19, if we cannot resolve a Claim informally, any Claim either of us asserts is agreed 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. To start an arbitration, you or we must do the following things:
• 15.6. 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.
• 15.6.1. Send one copy of the demand for arbitration to us.

• 16. SPECIAL RULES

• 16.1. 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.
• 16.2. 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 10 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
• 16.3. 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 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.

• 17. GENERAL PROVISIONS

• 17.1. Electronic Communications. If you elect to register for the Services when such capability is made available, your use of the Services shall be deemed your consent to receiving electronic communications from us via the App. These communications may include notices about your account, confirmation e-mails (if your email is collected via a contest or promotion), 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.
• 17.2. Integration, Amendment, and Severability. Please note that these TOU, including our Privacy Policy, which is incorporated in these TOU, constitute the entire legal agreement between you and us and govern your use of the Services. These TOU operate to the fullest extent permissible by law. If any provision of these TOU is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. In the event of any termination, whether by you or us, Sections 1.2, 1.3, 3, 5, 6, 7, 8, 10, 11, 12, and 13 of these TOU will survive and continue in full force and effect.

• 18. CONTACT INFORMATION. If you have any questions about these TOU or the Services, visit FREETV “Help” Menu or contact us by e-mail at support@freetv.com

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