EFFECTIVE DATE: August 26, 2021
1. INTRODUCTION TO SERVICE AND ACCEPTANCE OF TOU.
1.2 Acceptance of TOU. To use 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 Account and Registration. We require registration to access many parts of the Services. You must be eligible to use the Services in order to register as discussed below in Section 7.1. All registration information you submit must be accurate and updated. You may also be able to register to use the Services by logging into your account with your credentials from certain DIRECTV or third party social networking sites (including, but not limited to, Facebook). You represent that you are entitled to disclose your social network and/or DIRECTV account login information to us and/or grant us access to your social network and/or DIRECTV account. Please keep your 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 account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us immediately as soon as you know of, or suspect, any unauthorized use of your account by contacting us at (800) 531-5000 or by logging into your online account on nflsundayticket.tv and then selecting the chat option. Please also make sure to keep your registration information (e.g., email address) updated in case we need to contact you by visiting "My Account" on nflsundayticket.tv. 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.
To provide you with ease of access to your account, we may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype your password when you revisit the Services. You can choose whether to take advantage of this feature on your computer or other device when you login to the Services.
1.4 The Services. Once registered, we offer various levels of the Services, which provide access to different types of Content. As discussed further in Section 7.2, you may also be able to access some free Content even if you have not registered to use the Services. References to "Services" throughout these TOU are intended to include all levels of the Services.
You may be given the option to access the Services on or through a service that is not owned or controlled by DIRECTV, such as a third party gaming service. We take no responsibility for your use of the Services on or through any such service and otherwise have no control over how those services are offered, administered, or operated. Any use of non-DIRECTV controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service. In addition, information about your use of the Services may be tracked or monitored by the third-party service in a manner outside of DIRECTV's control.
3. ACCESS AND USE OF THE SERVICES.
3.1 Geographic Limitation. The Services are intended only for individuals located in the United States. You represent and warrant that, at any time you attempt to access the Services, you will be located in the United States and will not attempt to access the Services from any other location or through 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 located outside of the United States.
3.2 Age Limitations. By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this TOU with your parent or guardian and he or she assents to these TOU on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these TOU, and to abide and comply with these TOU. 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 Internet Access Required. Use of the Services requires Internet access. It is your responsibility to obtain Internet access. Please be aware that you will be required to perform all of your obligations under these TOU even if your Internet access is not available or does not function as you desire. You are solely responsible for paying all charges associated with your Internet access, including subscription, overage, roaming and other applicable fees and penalties. Please check with your Internet provider for information on possible Internet data usage charges, service speeds, and reliability of those services.
3.4 Your License. You are hereby granted a non-exclusive, non-transferable limited license to use the Services and access Content 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. Your license does not include any right to use the Services for promotional purposes. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, or otherwise tamper with the Services, any updates or upgrades thereto, any supplemental modules thereto, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source software components included with the Services). Any attempt by you to transfer any of your rights, duties or obligations under these TOU is void. Any attempt by you to do any of the acts prohibited by these TOU is a violation of the rights of DIRECTV and its licensors, and may subject you to prosecution and damages.
3.5 The Content. We do not promote, condone, or allow the copying of any Content, or any other infringing activity. You may not, either directly or through the use of any device, software, Internet site, web-based service, or other means, do any of the following: (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; or (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. HOW THE SERVICE WORKS.
4.1 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.
4.2 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, may only be viewed in certain locations, or may cease to be available for watching instantly, through our Services on some or all Devices (as defined below). Local blackout rules may apply and are based on Device location. The type of Content and the methods by which you may view Content may also vary depending on the type of Device that you use to access the Services. Resolution of video Content can be affected by the format of the Content we receive, the variety of Internet connections and device screens used, and other reasons. So, while we can’t guarantee a specific resolution, we use video optimization technology to provide a better experience
4.3 Devices. There are different versions of the Application, each of which is designed to operate only with a specific type of device configuration. Such configuration consists of a compatible smartphone, tablet, computer, gaming platform or other device. Such configuration is referred to collectively as "Devices". It is your responsibility to obtain the Devices and the correct version of the Application designed to operate with such Devices. You may not use the Application with any Device for which it was not designed. You acknowledge and agree that the Devices are manufactured and sold by entities other than us. AS SUCH, WE DO NOT TAKE RESPONSIBILITY FOR OR OTHERWISE PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY 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 or features that may be accessible through certain devices may not be accessible through other devices, and that the Content or features may appear differently on different devices. 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. YOU WILL BE ALLOWED TO WATCH CONTENT ON ONLY ONE DEVICE AT ANY GIVEN TIME.
5. OWNERSHIP AND IP RIGHTS. The Services, including all Content, Application(s), 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 "DIRECTV IP"), is the property of DIRECTV 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.. Your use of any DIRECTV IP, except as provided in these TOU, without the written permission of the owner of such DIRECTV IP is strictly prohibited. The Application(s) are licensed, not sold, to you. 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 DIRECTV IP. Any images of persons or personalities contained within the Services and in connection with user interfaces are not an indication or endorsement of DIRECTV or any particular product or our service unless otherwise indicated.
6. YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE. The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:
7. PACKAGE ELIGIBILITY AND BILLING.
7.1 Packages and Eligibility. Some or all Content may be available to DIRECTV satellite subscribers free of charge or as part of program packages not offered through NFLSUNDAYTICKET.TV. The provisions of this Section 7 do not apply to any DIRECTV satellite subscriber who is authorized to use the Services to access Content as part of an applicable DIRECTV satellite program package. If you choose to register for the Services, you can find the specific details regarding the program packages you have purchased at any time by visiting the "My Account" page on nflsundayticket.tv. We may offer a number of packages with different limitations and eligibility criteria. We or third party service providers working on our behalf have sole discretion in determining your eligibility to use the Services and access Content (e.g., determining whether you are an actively enrolled student or previously enrolled student within the last 18 months at an eligible university from the date of purchase, or that you are located in a certain service area), and in terminating such use and access due to a determination of ineligibility. We reserve the right to modify, terminate or otherwise amend our offered packages and eligibility rules. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. However, we may not always be able to notify you of changes in any applicable taxes. Any materially different terms from those described in these TOU will be disclosed at your sign-up or in other communications made available to you.
7.2 Free Trials. From time to time, we may provide you with free trials, access to free Content, and other special offers. To use these offers, you must have Internet access and you may be required to have a current valid accepted payment method as indicated during sign-up ("Payment Method"). Depending on the offer you choose, we may automatically bill your Payment Method at the end of the free trial period or promotion for continuing or future use of the Services and access to Content, unless you cancel prior to the end of the free trial period or promotion. You may not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. To cancel, refer to Section 7.6 below. Free trials and other special offers may also be subject to additional terms and conditions provided to you during sign-up.
7.3 Billing. By purchasing a program package, you are expressly agreeing that we or any payment agents of ours are authorized to charge you the package fee at the then current rate, and any other charges you may incur in connection with your use of the Services, including any applicable taxes, to the Payment Method you provided during registration. We reserve the right to charge different fees to access the Services to different eligible users (e.g., a "student" price available only to eligible university students). SUBSCRIPTIONS AND PAYMENTS CANNOT BE CANCELLED OR REFUNDED (IN PART OR IN FULL) AFTER THE DAY IMMEDIATELY PRECEDING THE FIRST SUNDAY OF THE 2021 NFL REGULAR SEASON (SATURDAY, SEPTEMBER 11, 2021). If you upgrade your package, such request will take effect immediately, and the difference in cost will be provided as a charge on your account. PACKAGE DOWNGRADES WILL NOT BE PROVIDED (e.g., changing from a premium package to a standard package).
7.4 Installment Payments. The following additional terms apply if you are offered the option of purchasing, and you agree to purchase, your program package by paying the purchase price in installments instead of a single payment (an "installment payment plan"). You authorize us to charge the amount of each installment payment to the Payment Method you provided during registration on or about the due date of each installment payment. If a payment is returned, you acknowledge that we may, at our option, re-submit the payment up to the number of times permitted by applicable law and payment system rules. You agree to immediately update your Payment Method by visiting the "My Account" page on nflsundayticket.tv if there is any change in the Payment Method before your final installment payment is charged, including without limitation any change in a payment card account number or expiration date. If you enter into an installment payment plan for the 2021 NFL season prior to September 12, 2021, your first installment payment will not be charged until on or about that date. AN INSTALLMENT PAYMENT PLAN CANNOT BE CANCELLED OR REFUNDED (IN PART OR IN FULL) AFTER THE DAY IMMEDIATELY PRECEDING THE FIRST SUNDAY OF THE 2021 NFL REGULAR SEASON (SATURDAY, SEPTEMBER 11, 2021). If any installment payment is not made by the due date thereof, including without limitation if the payment is returned unpaid for any reason (a "late payment"), we reserve the right to immediately terminate your account or your use of the Services or access to Content, without notice or liability. If we exercise this right and thereafter you wish to obtain use of the Services or access to Content during the remainder of the 2021 NFL season, you will not be able to do so by making the late payment or late payments, and instead you may only be offered the option of purchasing a package for the remainder of the season by making a single payment of the purchase price for that package.
7.5 Credits. At any time, and for any reason, we may provide a discount, credit, or other consideration to some or all of our users ("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. WE DO NOT PROVIDE REFUNDS FOR CONTENT THAT HAS SINCE EXPIRED, AND SUBSCRIPTION AND PAYMENTS CANNOT BE CANCELLED OR REFUNDED (IN PART OR IN FULL) AFTER THE DAY IMMEDIATELY PRECEDING THE FIRST SUNDAY OF THE NFL REGULAR SEASON (SATURDAY, SEPTEMBER 11, 2021).
7.6 Cancellation. TO CANCEL YOUR MEMBERSHIP, SIGN INTO YOUR NFLSUNDAYTICKET.TV ACCOUNT, VISIT THE "MY BILLING INFORMATION" PAGE ON THE SITE, CLICK "CANCEL ACCOUNT," AND FOLLOW THE CANCELLATION INSTRUCTIONS. SUBSCRIPTION AND PAYMENTS CANNOT BE CANCELLED OR REFUNDED (IN PART OR IN FULL) AFTER THE DAY IMMEDIATELY PRECEDING THE FIRST SUNDAY OF THE NFL REGULAR SEASON (SATURDAY, SEPTEMBER 11, 2021). Following this date, you may be permitted to upgrade your package, but in no circumstances will you be permitted to downgrade your package.
7.7 Auto-Renewal. Your subscription to the Services will automatically renew for the 2022 NFL season on or about August 1, 2022, and annually thereafter, at the then-current package price; provided that you meet any applicable eligibility criteria. Without limiting the foregoing, university accounts will not automatically renew if we determine you are no longer enrolled in an eligible post-secondary educational institution. Your eligible subscription to the Services will renew under an installment payment plan, subject to the terms set forth in Section 7.4 above. You can cancel any time online prior to the start of the 2022 NFL regular season. To cancel your renewal prior to the 2022 NFL regular season, refer to Section 7.6 above. IF YOU CANCEL PRIOR TO THE START OF THE 2022 REGULAR SEASON, YOU WILL RECEIVE A REFUND FOR ANY PAYMENTS YOU HAVE ALREADY MADE FOR THE 2022 SEASON AND THERE WILL BE NO OTHER AUTO-RENEWAL CHARGES TO YOUR PAYMENT METHOD. YOUR AUTO-RENEWAL SUBSCRIPTION AND PAYMENTS CANNOT BE CANCELLED OR REFUNDED (IN PART OR IN FULL) AFTER THE DAY IMMEDIATELY PRECEDING THE FIRST SUNDAY OF THE 2022 NFL REGULAR SEASON.
7.8 Suspension/Discontinuation/Termination. 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 failed to maintain eligibility to use the Services and have access to the Content, 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, although we may, in our sole discretion, provide you with a credit, discount or other form of consideration in accordance with these TOU. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these TOU, then you will not be eligible for any such credit, discount, or other consideration.
7.9 Unpaid Amounts. It is important that each user of the Services honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection thereto. You will remain liable to us for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
9. THIRD PARTY WEBSITES, ADVERTISING AND APPLICATIONS
9.2 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. 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," ”AS AVAILABLE,” 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. 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 "DIRECTV 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 DIRECTV 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.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DIRECTV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' 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). IN ANY MATTER THAT INVOLVES ONE OR MORE DIRECTV PARTIES, YOU SHALL NOT AGREE TO ANY SETTLEMENT OR OTHER AGREEMENT TO RESOLVE SUCH MATTER WITHOUT THE PRIOR WRITTEN APPROVAL OF SUCH DIRECTV PARTY. NOTWITHSTANDING THE FOREGOING, EACH DIRECTV PARTY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe 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 firstname.lastname@example.org (Subject Line: "DMCA Takedown Request"). You may also contact us by mail at:
Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
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.
12. DISPUTE RESOLUTION AND CLASS ACTION WAIVER.
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.
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 12 (referred to as a "Claim") will be resolved as follows:
12.1 Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 12.4 below) for at least 60 days after one of us notifies the other of a Claim in writing. We will send our notice to your billing address and you will send your notice to:
NFL Sunday Ticket OTT
c/o DIRECTV, LLC
P.O. Box 6550
Greenwood Village, CO 80155-6550
12.2 Formal Resolution. Except as provided in Section 12.4, if we cannot resolve a Claim informally, any Claim either of us asserts 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:
(i) 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.
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
500 North State College Blvd., Suite 600
Orange, CA 92868
(3) Send one copy of the demand for arbitration to us.
12.3 Special Rules.
(i) 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.
(ii) 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 12 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
12.4 Exceptions. Notwithstanding the foregoing: any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration. Arbitration is not required to the extent not allowed by applicable law.
13. GENERAL PROVISIONS.
13.1 Electronic Communications. By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, confirmation e-mails and other transactional information, 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. You agree to update your personal information immediately upon any change to your email address.
13.2 Service Testing. From time to time, we test various aspects of the Services, including our website, user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
13.4 U.S. Government Use. Each Application and its related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
13.5 Export Restrictions. You may not use or otherwise export or re-export any Application outside the U.S. except as authorized by U.S. law.
13.6 Additional Information. Certain Applications may include some components that are covered by third party "free software" licenses, open source licenses and other similar license use rights, which require such components to be used, modified and/or distributed only under the terms of such licenses. Any such components are subject only to the terms of such licenses, and not these TOU. Certain additional information relating to such third party software (including the text of any licenses applicable to such software) may be found in the Application itself or on the DIRECTV website through which the Application is made available. In addition, certain components of the Application may use the processing capabilities, memory and bandwidth of the Device with which it operates for the limited purpose of establishing a connection with or between other users of the Application to facilitate content distribution. Certain Devices or Device operating system settings may restrict such connections and may require administrative access to enable such connections. If you do not have administrative access to the Device with which the Application operates or to such Device's operating system, certain features of the Services may not be available or may not function optimally or as intended.
14. CONTACT INFORMATION.
If you have any questions about these TOU or the Services, please contact us at (800) 531-5000 or by logging into your online account on nflsundayticket.tv and then selecting the chat option.