October 9, 2019
Your access to and use of certain HTS Services may require you to accept additional terms and conditions applicable to such HTS Services, including any future modifications (collectively, "Additional Terms") in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific HTS Service.
Use of the HTS Services is limited to users aged 13 years and above.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND HTS UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND HTS WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
HTS furnishes the HTS Services (as defined below) for your personal enjoyment and entertainment. By using any HTS Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the HTS Services and must discontinue use of the HTS Services immediately. HTS may modify this Agreement at any time, and each such modification will be effective upon posting on or to the HTS Service. All material modifications will apply prospectively only. Your continued use of the HTS Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. HTS may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help HTS manage and provide the HTS Services.
All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information.
Unless terminated by HTS in its sole discretion, this Agreement remains in full force and effect while you use the HTS Services. You agree that HTS may at its sole discretion, suspend or terminate access to all or part of our website with or without notice and for any reason. HTS may terminate access to all (or any portion of) the HTS Services at any time, for any or no reason, with or without prior notice or any explanation, and without liability.
You acknowledge that HTS reserves the right to charge a fee for any portion of the HTS Services. HTS will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the HTS Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if HTS suspends or terminates your account, and/or access to an HTS Site (or any portion of the HTS Site), due to your breach of this Agreement or violation of Applicable Law, as determined by HTS, in its sole discretion.
Purchasing HTS Site Products
If you purchase certain subscription based HTS Site Products (if and when available), your subscription will be automatically renewed and the credit card you provided to the Processor for such HTS Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of HTS or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
HTS makes no warranty and accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an HTS Site Product with the Processor. HTS provides no refunds for, makes no warranty for and accepts no liability, regarding purchases you make on or through any HTS Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event the Processor experiences a data breach that affects any of your information, HTS will in no way be responsible or liable to you for any such data breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
Limited Content License
The HTS Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of HTS and HTS Affiliates and their licensors and assignors ("HTS Content"). as well as materials and Content provided by other third-parties. HTS Content contained in the HTS Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and HTS, HTS, its licensors, or its assignors, own and retain all rights in the HTS Content and HTS Services. HTS hereby grants you a limited, revocable, non-sublicensable, nontransferable license, to access and display or perform the HTS Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the HTS Services. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable HTS Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the HTS Services.
Except as explicitly and expressly permitted by HTS or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the HTS Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the HTS Content contained in the HTS Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the HTS Content, including geo-filtering mechanisms. Except as necessary in order to make reference to HTS or HTS Services in a purely descriptive capacity, you are expressly prohibited from using any HTS Content in any manner.
You may not, without the HTS’s written permission, “mirror” any Contents contained on the HTS Site or any other server. You may not use the HTS Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the HTS Site in any manner that could damage, disable, overburden, or impair the HTS Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the HTS Site through hacking, password mining or any other means. HTS reserves the right, in its sole discretion, to terminate your access to the HTS Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of the HTS Services
You acknowledge, consent and agree that HTS may access, preserve or disclose information you provide to or through the HTS Services or that we have collected about you, including user contact information when HTS has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of HTS, our parents, subsidiaries or affiliates (“HTS Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the HTS Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If HTS sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, HTS may transfer your information to the party or parties involved in the transaction as part of that transaction.
Removal of Material that Infringes Copyrights
HTS respects the intellectual property of others and requires that our users do the same. HTS reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe materials on HTS Services infringes your copyright.
If you believe that any materials residing on or linked to from HTS Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the appropriate HTS Site Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit HTS to locate the material on the HTS Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit HTS to contact you, such as an address, telephone number, and an email address; (d) 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 Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. HTS's Copyright Agent for notification of a claimed infringement can be reached as follows:
2121 Avenue of the Stars, Suite 900
Los Angeles, California 90067
Please be sure to send the notification to the attention of the HTS Site on which your claimed infringement occurred. For example, if your claimed infringement occurred on foxsports.com, the notification should be sent to the address above, and include, "Attention: FoxSports.com" as the last line of the address. If you wish to notify the applicable Copyright Agent electronically, please click here for a list of email addresses of each applicable HTS Site's Copyright Agent.
If you posted materials to an HTS Service that was removed due to notice by a copyright owner.
If you posted materials to the HTS Services that HTS removed due to a notice of a claimed infringement from a copyright owner, HTS will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on HTS Services or by written or electronic communication to such address(es) you have provided to HTS, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which HTS may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Third-Party Links and Services
THE HTS SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND HTS DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE HTS SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HTS MAKES NO WARRANTY THAT YOUR USE OF THE HTS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE HTS SERVICES WILL BE CORRECTED, THAT THE HTS SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE HTS SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTS OR OUR HTS AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE HTS SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE HTS SERVICES, ATTENDANCE AT AN HTS EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE HTS SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE HTS SERVICES, OR THE CONDUCT OF ANY USERS OF THE HTS SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE HTS SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE HTS SERVICES. THIRD-PARTY ADVERTISEMENTS AND THIRD-PARTY SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF HTS OR OUR HTS AFFILIATES.
Limitation on Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTS OR OUR HTS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HTS FOR THE HTS SERVICES DURING THE TERM OF YOUR USE OF THE HTS SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTS AND OUR HTS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO HTS FOR THE HTS SERVICES DURING THE TERM OF YOUR USE OF THE HTS SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE HTS SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF HTS’S ACTS OR OMISSIONS OR YOUR USE OF HTS SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE HTS SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
HTS provides the HTS Services in the United States of America. HTS does not represent that the HTS Content, HTS Services are appropriate (or, in some cases, available) for use in other locations. If you use the HTS Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the HTS Services.
Not all of the HTS Services are available worldwide or nationwide, and HTS makes no representation that you will be able to obtain any HTS Services in any particular jurisdiction, either within or outside of the United States.
U.S. Export Controls
Software available in connection with the HTS Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the HTS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
(1) HTS, including our HTS Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and HTS, regarding any aspect of your relationship with HTS, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and HTS agrees to give up the right to sue in court.
(3) Each of you and HTS also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and HTS (see paragraph 9 below).
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages) provided that they are recoverable under this Agreement.
(5) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(6) Any arbitration between you and HTS will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and HTS cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of HTS and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of this Agreement.
(7) If either you or HTS wants to arbitrate a claim, you or HTS must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the HTS Service to which the Notice relates, and the relief requested. Your Notice to the HTS must be sent by mail to: Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. The HTS will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the HTS at the address listed above to which you sent your Notice of Dispute.
(9) You and the HTS acknowledge and agree to abide by the following rules for arbitration:
(a) YOU AND HTS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the HTS will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and the terms of this Agreement; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against HTS, you and the HTS acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), HTS will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but HTS will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- HTS and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. HTS will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
- HTS and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and HTS shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and HTS may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if HTS failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than HTS’s highest settlement offer, then HTS will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If HTS wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party's individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Agreement. The arbitrator also may not order HTS to pay any monies to or take any actions with respect to persons other than you, unless HTS explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless HTS expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(14) You and HTS agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and HTS agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against HTS must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and HTS agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement, the HTS Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE HTS SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold HTS, its HTS Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your misuse of the HTS Services and/or your breach of this Agreement.
HTS does not knowingly accept, via the HTS Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. HTS requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any HTS or HTS Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to HTS via the HTS Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and HTS; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by HTS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as HTS sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against HTS or HTS Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
HTS may, from time to time, post HTS employment opportunities on the HTS Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to HTS in response to employment listings, you are authorizing HTS to utilize this information for all lawful and legitimate hiring and employment purposes. HTS also reserves the right, at its sole discretion, to forward the information you submit, to its HTS Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the HTS Services will constitute a promise by HTS to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the HTS Services constitute a promise that HTS will review any or all of the information submitted to it by users of the HTS Services.
The failure of HTS to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the HTS may be required by Applicable Law to send to you will be effective upon HTS’s sending an e-mail message to the e-mail address you have on file with HTS or publishing such notices on the informational page(s) of HTS Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HTS as a result of this Agreement or your use of the HTS Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits HTS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HTS Services or information provided to or gathered by us in connection with such use.
If you would like to contact any HTS Site with any questions regarding this Agreement, please email us at: email@example.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.