Terms of Service

Terms of Use

These Terms of Use govern your use of websites owned or operated by A Rood Awakening! International including www.ARoodAwakening.tv and www.MichaelRood.tv (collectively, the “Site”), and the MichaelRood.tv subscription product, all online video services, applications (e.g., iPhone applications, iPad applications, Android applications, etc.), and any other interactive features, widgets, products and resources offered by A Rood Awakening! International (all of which are collectively referred to as the “Services”). These Terms of Use together with our Privacy Policy and any Additional Terms (as defined below) (collectively, the “Terms”) constitute your complete agreement regarding your use of the Site and Services. By using the Site or Services, you agree to the Terms.

1. ELIGIBILITY

You must be at least 18 years old to use the Site or the Services.

2. ADDITIONAL TERMS

Your use of certain Services or participation in sweepstakes, contests, or promotions (collectively, “Promotions”) may be subject to additional terms and conditions or rules (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read before you use that Service or participate in the Promotion. By using such Services or participating in such Promotion, you agree to the Additional Terms.

3. PASSWORD AND ACCOUNT SECURITY

You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.

If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account to view MichaelRood.tv or for any other purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.

4. MICHAELROOD.TV SUBSCRIPTION AND RENEWAL TERMS; REFUND AND CANCELLATION POLICIES

You are not required to purchase a MichaelRood.tv subscription in order to view the Site or use the Services other than MichaelRood.tv. However, without a MichaelRood.tv subscription, you will not be able to view MichaelRood.tv. If you purchase a MichaelRood.tv subscription, you will be able to view all of the MichaelRood.tv episodes and content we broadcast via the Site and the Services during the applicable subscription period. We make no guarantee as to the availability of any particular episode or content of MichaelRood.tv or the total number of episodes or amount of content to be broadcast.

When you purchase a subscription through the Site or the Services, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal charges as described below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.

We may increase our subscription prices at any time, however, we will give you at least thirty (30) days’ advance notice of any price increase, and the price increase will not apply until your current subscription period has concluded. This will give you an opportunity to cancel your subscription, as described below, before the price increase takes effect. The MichaelRood.tv subscription fee covers access to MichaelRood.tv only; you are responsible for your own data fees and internet service provider fees.

Free Trial Period

Your subscription may begin with a free trial; provided, however that you may only sign up for a free trial one time every 365 days. We will begin charging for your selected subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of subscription period calculations. You may not receive a notice from us that your free trial period has ended. TO AVOID BEING CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL PERIOD.You can cancel your subscription by emailing apps@MichaelRood.tv, calling us at (888) 766-3610 or by following these steps at MichaelRood.tv:

1. Log in to your account via the My Account or Dashboard link.

2. From the user dashboard, click on Billing.

3. In the Billing view, locate the active subscription and click on Change Plan.

4. Click Cancel Membership. Once this step is complete, the subscription will be officially canceled and you will not be charged for the subscription in future months.

Promotional Code

If you use a promotional code or “promo code” to obtain a MichaelRood.tv subscription at a discounted price, the discount applies only during the initial subscription period and does not apply to renewal periods. All renewals will be charged at the then-current subscription price.

Payment Processor

We have contracted with Uscreen to provide services that provide you with the ability to access and view our content. The payment processing relating to the ability to view our content will be provided by Uscreen. Uscreen’s Terms of Service are available at https://www.uscreen.tv/terms-o... for the ability to view our content is made to Uscreen, on our behalf, based upon the subscription plan that you sign up for. The subscription fee will be processed through Uscreen and will be processed in a secure manner by a third-party payment services provider retained by Uscreen. Questions concerning payment processing for subscribers can be addressed via email to apps@MichaelRood.tv, calling customer service at (888) 766-3610 or mailing A Rood Awakening! International, 1337 Hundred Oaks Drive (Suite H), Charlotte, NC 28217.

Monthly Subscription

Monthly Auto-Renew

YOUR MONTHLY SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY FOURTH WEEK COMMENCING FROM YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and click on Billing. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular episode or content of MichaelRood.tv or the total number of episodes or amount of content to be broadcast.

Canceling Your Monthly Subscription

You can cancel your monthly subscription at any time by emailing apps@MichaelRood.tv, calling us at (888) 766-3610 or by following these steps at MichaelRood.tv:

1. Log in to your account via the My Account or Dashboard link.

2. From the user dashboard, click on Billing.

3. In the Billing view, locate the active subscription and click on Change Plan.

4. Click Cancel Membership. Once this step is complete, the subscription will be officially canceled and you will not be charged for the subscription in future months.

If you cancel your monthly subscription within the first 15 days of your subscription or renewal and if you have not received a subscription refund from us during the prior 365 days, you will receive a refund of your most recent payment. IF YOU CANCEL YOUR MONTHLY SUBSCRIPTION AFTER THE FIRST 15 DAYS OF YOUR SUBSCRIPTION OR RENEWAL, OR IF YOU HAVE ALREADY RECEIVED A SUBSCRIPTION REFUND FROM US DURING THE PRIOR 365 DAYS, YOU WILL NOT RECEIVE ANY REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE FOLLOWING FOUR-WEEK BILLING CYCLE, SO YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT FOUR-WEEK PERIOD. EXCEPT AS NOTED IN THIS PARAGRAPH, ALL CHARGES FOR MONTHLY SUBSCRIPTIONS ARE NONREFUNDABLE.

Semi-Annual Subscription

Six-Month Auto-Renew

YOUR SEMI-ANNUAL SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF SIX MONTHSCOMMENCING FROM YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and click on Billing. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular episode or content of MichaelRood.tv or the total number of episodes or amount of content to be broadcast.

Canceling Your Semi-Annual Subscription

You can cancel your monthly subscription at any time by emailing apps@MichaelRood.tv, calling us at (888) 766-3610 or by following these steps at MichaelRood.tv:

1. Log in to your account via the My Account or Dashboard link.

2. From the user dashboard, click on Billing.

3. In the Billing view, locate the active subscription and click on Change Plan.

4. Click Cancel Membership. Once this step is complete, the subscription will be officially canceled and you will not be charged for the subscription after the current subscription period ends.

If you cancel within the first 15 days of your subscription or renewal and if you have not received a subscription refund from us during the prior 365 days, you will receive a refund of your most recent payment. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE FIRST 15 DAYS OF YOUR SUBSCRIPTION OR RENEWAL OR IF YOU HAVE ALREADY RECEIVED A SUBSCRIPTION REFUND FROM US DURING THE PRIOR 365 DAYS, YOU WILL NOT RECEIVE A REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE FOLLOWING SIX-MONTH RENEWAL PERIOD. YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT SUBSCRIPTION PERIOD. EXCEPT AS NOTED IN THIS PARAGRAPH, ALL CHARGES FOR SEMI-ANNUAL SUBSCRIPTIONS ARE NONREFUNDABLE.

Annual Subscription

Twelve-Month Auto-Renew

YOUR ANNUAL SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF TWELVE MONTHSCOMMENCING FROM YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and click on Billing. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular episode or content of MichaelRood.tv or the total number of episodes or amount of content to be broadcast.

Canceling Your Semi-Annual Subscription

You can cancel your monthly subscription at any time by emailing apps@MichaelRood.tv, calling us at (888) 766-3610 or by following these steps at MichaelRood.tv:

1. Log in to your account via the My Account or Dashboard link.

2. From the user dashboard, click on Billing.

3. In the Billing view, locate the active subscription and click on Change Plan.

4. Click Cancel Membership. Once this step is complete, the subscription will be officially canceled and you will not be charged for the subscription after the current subscription period ends.

If you cancel within the first 15 days of your subscription or renewal and if you have not received a subscription refund from us during the prior 365 days, you will receive a refund of your most recent payment. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE FIRST 15 DAYS OF YOUR SUBSCRIPTION OR RENEWAL OR IF YOU HAVE ALREADY RECEIVED A SUBSCRIPTION REFUND FROM US DURING THE PRIOR 365 DAYS, YOU WILL NOT RECEIVE A REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE FOLLOWING TWELVE-MONTH RENEWAL PERIOD. YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT SUBSCRIPTION PERIOD. EXCEPT AS NOTED IN THIS PARAGRAPH, ALL CHARGES FOR ANNUAL SUBSCRIPTIONS ARE NONREFUNDABLE.

5. USE OF THE SITE AND SERVICES

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At A Rood Awakening! International, our goal is to create a positive and safe community experience. By posting, transmitting, or submitting any information or communication through the Site or Services (“User Content”), you agree that you are solely responsible for the content and consequences of such User Content. To promote this goal, we prohibit certain kinds of conduct and User Content that may be harmful to other users or to us.

When you use the Site or Services or submit User Content, you may NOT:

use the Site or the Services other than for personal, non-commercial purposes;
copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any content you access on the Site or the Services, other than as expressly permitted;
violate any law or regulation;
violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
submit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, derogatory, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, surveys, contests, chain letters, repetitive posts, and other spam communications;
transmit any malicious or unsolicited software;
stalk, harass, harm, embarrass, or threaten another individual;
impersonate or misrepresent your affiliation with someone else;
use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although we may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
use any means to harvest or otherwise collect or state personal information of other users;
communicate the address, email address, or phone number of another person without prior consent;
use automated methods to use the Site or Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Site;
access or view the Site in order to build a similar or competitive website, product or service to the Site or the Services; or
interfere with or disrupt the Site or Services.
We reserve the right (but are not obligated) to, without limitation and in our sole discretion:
record communications through the Site or Services;
investigate any alleged violations of our Terms;
monitor, edit, disclose, or remove any User Content that, in our sole discretion, violates these Terms; or
disclose any user content or communication to law enforcement or to satisfy any law, regulation, or governmental request.

Your experience using the Site and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. At least 5.0 Mbps available download bandwidth per viewing stream is recommended for viewing MichaelRood.tv video content in HD. Please check with your Internet provider for information regarding your Internet connection. We make no warranties regarding the quality of your viewing experience due to the variety of factors that could affect it.

6. ACCURACY OF DATA

We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site or Services. We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Site or Services.

7. OWNERSHIP

We own or license the content on the Site and Services, including software, text, visual and audio content (“Content”), MichaelRood.tv and/or A Rood Awakening! International trademarks, trade names, logos, and brand elements (“MichaelRood.tv Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Site or through the Services (“Third-Party Marks”). The Content, MichaelRood.tv Marks and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any MichaelRood.tv Marks, Third-Party Marks, articles or Content from the Site, without obtaining our prior written consent.

Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Site and Services solely for personal and non-commercial use. The Site and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Site or Services at any time.

If you choose to promote the Site or Services to the public, including via your own personal social networks and social media, you agree that you will comply with the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Testimonials and Endorsements in Advertisement available from the FTC.

8. FEEDBACK

We always welcome and appreciate your feedback and suggestions about MichaelRood.tv and A Rood Awakening! International. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

9. DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.

If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:

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;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
your physical or electronic signature.

Please send all of the above enumerated information via mail or email to the following copyright agent:

A Rood Awakening! International

1337 Hundred Oaks Drive, Suite H

Charlotte, NC 28217

(888) 766-3610

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

10. PRIVACY

We respect your privacy. Our Privacy Policy, located at https://aroodawakening.tv/priv... how we collect, use, and disclose information about you in connection with the Site and the Services. By using the Site or the Services, you agree to the Privacy Policy.

By using the Site and Services, you consent to receiving electronic communications from us related to your use of the Site and Services including, but not limited to, announcements regarding changes to these Terms or our Privacy Policy and pre-renewal notifications.

11. LINKS

Our Site and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

12. CHANGES AND CORRECTIONS TO THE SITE OR SERVICES

We enhance and update the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. If we change or discontinue a Service for which you have an active paid subscription and the change/discontinuation will impact your auto-renewal of the Service (such as if we increase the price of a Service or discontinue and transition customers from one Service to another), we will send a notice to you at the email address we have on file at least 30 days before your next auto-renewal. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Site or Services.

13. TERMINATION

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our sole discretion. If you violate any of the Terms, as determined by us in our sole discretion, your permission to use the Site and Services automatically terminates and you forfeit any right you may have to a refund.

14. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A ROOD AWAKENING! INTERNATIONAL AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, A ROOD AWAKENING! INTERNATIONAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. A ROOD AWAKENING! INTERNATIONAL AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, A ROOD AWAKENING! INTERNATIONAL AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER A ROOD AWAKENING! INTERNATIONAL NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent A Rood Awakening! International may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of A Rood Awakening! International’s liability will be the minimum permitted under such law.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless A Rood Awakening! International and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.

16. OTHER PROVISIONS

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New York, New York, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. Without limiting the foregoing, any lawsuit filed relating to these Terms, the Site, Services, or your relationship with us, must be filed in the state or federal courts sitting in New York, New York and you agree to irrevocably submit to the exclusive personal jurisdiction of such courts.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. It is the parties’ intention that the court or arbitrator modify such invalid provision to give it the fullest effect permissible under applicable law.

Our failure to enforce any right or provision of these Terms will not act as a waiver of such right or provision and will not prevent us from enforcing such right or provision or any other right or provision in the future.

These Terms, and any rights and licenses granted to you hereunder, may not be transferred or assigned by you without our written permission. We may assign or transfer our rights, licenses, and obligations under these Terms without restriction, including without limitation in connection with a merger, acquisition, a sale of assets or by operation of law.

17. CHANGES TO THESE TERMS

From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. If the change is a “material change” that requires us to notify you pursuant to applicable law, we will notify you by email to the email address we have on record at least thirty (30) days before the Revision Date. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.