Lindsey Elmore, LLC (the “Company”) provides a personalized subscription service that allows our members to certain content (“Company content“) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“Company ready devices“).
1.1. Your Company membership will continue month-to-month (or annually) and automatically renew until terminated. To use the Company service, you must have internet access and a Company ready device and provide us with one or more Payment Methods. As used herein, the term “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. To the extent that you purchased a subscription, you must cancel your membership before it renews in order to avoid billing of the next membership fees to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Company membership by visiting our website and clicking on the My Account link.
2.1. Your Company membership may start with a free trial. The free trial period of your membership lasts for seven days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by Company in Company’s sole discretion and Company may limit eligibility or duration at any time for any reason. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Company membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Company membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. To the extent that you sign up for a monthly subscription, we will charge your Payment Method for your monthly membership fee (which will occur at the end of the free trial period if a free trial period was occurred) and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period or monthly subscription period concerned). To view the monthly membership price (and end date of your free trial period, if applicable), visit our website and click the My Account page. To the extent that you sign up for an annual subscription, we will charge your Payment Method for your annual membership fee and your membership will automatically renew annually unless you cancel your membership prior to the end of the annual period concerned.
Billing and Cancellation
3.1. Billing Cycle. If you purchase a subscription, the membership fee for the Company service and any other charges you may incur in connection with your use of the service such as taxes and possible transaction fees, will be charged to your Payment Method at the beginning of the paying portion of your subscription. Monthly and annual subscriptions will be charged to you at the beginning of your subscription month or year (as applicable) thereafter at the then-current rate. For monthly and annual subscriptions, you will be automatically charged each month or year, as applicable, on the calendar day corresponding to the date of commencement of your subscription until your membership is cancelled. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the My Account page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.2. Payment Methods. To use the Company service, you must provide one or more Payment Methods. You can update your Payment Methods by going to the My Account page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3. Cancellation. You can cancel your Company membership at any time, and you will continue to have access to the Company service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched Company content. To cancel, go to the My Account page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click on the My Account page. If you signed up for Company using your account with a third party as a Payment Method and wish to cancel your Company membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Company service through that third party. You may also find billing information about your Company membership by visiting your account with the applicable third party.
3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits“). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4.2. The Company service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Company membership, we grant you a limited, non-exclusive, non-transferable right to access the Company service and view Company content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may view Company content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the My Account page.
4.4. The Company service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Company content.
4.5. Some Company content is available for temporary download and offline viewing on certain supported devices (“Offline Titles“). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
4.7. The quality of the display of the Company content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all content is available in all formats and not all plans allow you to receive content in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Company makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Company content show will vary based on a number of factors, including your location, available bandwidth at the time, the Company content you have selected and the configuration of your Company ready device.
4.8. Company software may solely be used for authorized streaming and viewing of content from Company through Company ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Company and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Company ready device for any issues related to the device and its compatibility with the Company service. We do not take responsibility or otherwise warrant the performance of Company ready devices, including the continued compatibility with our service. If your Company ready device is sold, lost or stolen, please deactivate the Company ready device. If you fail to log out or deactivate your device, subsequent users may access the Company service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the My Account page of our website.
Passwords and Member Access
5.1 The member who created the Company account and whose Payment Method is charged (the “Account Owner“) has access and control over the Company account and the Company ready devices that are used to access our service and is responsible for any activity that occurs through the Company account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Member should maintain control over the Company ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Company or our partners from identity theft or other fraudulent activity. Company is not obligated to credit or discount a membership for holds placed on the account by either a representative of Company or by the automated processes of Company.
Disclaimers of Warranties and Limitations on Liability
6.1. THE COMPANY SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE COMPANY SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, COMPANY READY DEVICES, AND COMPANY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Company, by certified mail, a written Notice of your claim (“Notice“). The Notice to Company must be addressed to: Boyarski Fritz LLP, 1330 Avenue of the Americas, Suite 1800, New York, New York 10019, Attn: David Fritz, Esq. (“Notice Address“). If Company initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
7.4. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
7.5. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND COMPANY AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
9.2. Unsolicited Materials. Company does not accept unsolicited materials or ideas for Company content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Company. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
9.3. Feedback. Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Company service, including the Company website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Company service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
9.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing