IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION.
4. Usage by children under 13. These Sites and Services are directed to adults and not directed to children under the age of 13. We cannot prohibit minors from visiting the Sites or Services so rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. We strive to comply with the Children's Online Privacy Protection Act and do not permit registration by children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the Sites, such as during any registration process.
5. Feedback. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Input”), whether related to the Sites, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Ampersand under any fiduciary or other obligation; and (b) any Input is not confidential and Ampersand has no confidentiality obligations with respect to such Input. For each Input that you make available through or in connection with the Sites or Services, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Input, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Sites or Services as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Input for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Input.
6. Ampersand Proprietary Rights. We and/or our licensors and suppliers own the information and materials made available through the Sites and/or Services. Such information and materials are protected by copyright, trademark, patent, trade secret and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Sites or Services or any information or materials made available through the Sites or Services. In connection with your use of the Sites, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Sites, other than as specifically authorized by Ampersand, is strictly prohibited.
Trade names, trademarks and service marks on the Sites or Services, including without limitation Ampersand, are owned by Ampersand, Ampersand’s licensors or other respective owners. Other company products and service names and logos used and displayed via the Sites may be trademarks or registered trademarks of their respective owners. Such trade names, trademarks and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Sites or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner. All goodwill generated from the use of Ampersand’s trademarks will inure to Ampersand’s exclusive benefit.
7. Accuracy of Information; Services, Content and Specifications. All information provided on this site is for reference purposes only. Ampersand makes no representations as to the accuracy, completeness, suitability, or validity of any information on these Sites. We attempt to ensure that information provided on or in connection with the Sites or Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness or accuracy of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Sites or Services. Such information is also subject to change at any time without notice.
Any reference on this site to any specific process or service by trade name, trademark or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Ampersand. Descriptions and images of, and references to, third-party products or services or any specific process or service by trade name, trademark or otherwise, available in connection with the Sites or Services do not imply Ampersand’s endorsement of such third-party products or services. The inclusion of or reference to any products or services on the Sites or Services at a particular time does not imply or warrant that these products or Services will be available at any time. The Sites may also contain references to other company brands, logos or trademarks (“Third-Party Marks”). Any use of such Third-Party Marks is for identification purposes only and may be the trademarks of their respective owners. Their use is not intended to be any indication of sponsorship, affiliation or endorsement by such third-party owners. Ampersand may not be held liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.
8. User Generated Content and Linked Websites. Ampersand may encourage contributions to the Sites. You may submit comments, postings, advice, questions and recommendations through the features available on the Sites (collectively, “User Generated Content”). You are solely responsible for any User Generated Content produced or provided by you, and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, libelous, defamatory, obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations. By providing User Generated Content to Ampersand, you grant Ampersand a perpetual, non-exclusive, royalty free license to use such content in association with the provision of its Services and the Sites. Ampersand reserves the right, in its sole discretion, to reject, refuse to publish or remove any User Generated Content. Ampersand is not responsible for and does not endorse statements, comments, or other information contained in User Generated Content provided by other users, and any reliance by you on such information will be at your sole risk. User Generated Content provided by you or other users may contain links to other websites. Ampersand does not monitor or verify in any way the content of any websites linked to from the Sites and is not responsible for the accuracy of such content or for any of the opinions expressed thereon. Inclusion of any linked website on the Sites does not imply approval or endorsement of the linked website by Ampersand. When you access these third-party sites, you do so at your own risk.
9. Third Party Content; Links. The Sites or Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality.
The Sites or Services may provide links to other web sites and online resources that include Third Party Content. Because we do not control Third-Party Content, you agree that Ampersand is neither responsible nor liable for any Third-Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. Under no circumstances will Ampersand be liable in any way for any content or materials of any third parties on the Sites or Services, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.
We have no obligation to monitor Third Party Content, and we may block or disable access to any Third-Party Content (in whole or part) via the Sites or Services at any time. Your access to or receipt of Third-Party Content via the Sites or Services does not imply our endorsement of, or our affiliation with any provider of, such Third-Party Content. Further, your use of Third-Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Statement (for example, terms and conditions that are made available by the providers of such Third-Party Content). This Agreement does not create any legal relationship between you and the providers of such Third-Party Content with respect to such Third-Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by any of Ampersand with respect to any Third-Party Content. YOU AGREE THAT YOUR USE OF THIRD-PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY CONTENT.
Ampersand shall have the right, at any time, to block links to the Sites or Services through technological or other means without prior notice. Ampersand and its designees will also have the right to remove any content that violates these Terms and Conditions or is otherwise deemed to be objectionable by Ampersand, in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any content on the Sites, including any reliance on the accuracy, completeness, or usefulness of such content.
10. DISCLAIMER OF WARRANTIES. THE SITES, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITEs OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITEs OR SERVICES. AMPERSAND DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINER OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES or Services (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
11. LIMITATION OF LIABILITY. AMPERSAND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, AMPERSAND WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY AMPERSAND OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES OR SERVICES IS TO STOP USING THE SITES OR SERVICES. THE MAXIMUM LIABILITY OF AMPERSAND FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AMPERSAND TO ACCESS AND USE THE SITE OR SERVICES.
While we try to maintain the integrity and security of the Sites and Services and the servers from which the Sites and Services are operated, we do not guarantee that the Sites and Services will be or remain secure, complete or correct, or that access to the Sites and Services will be uninterrupted. The Sites and Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website or Services. If you become aware of any unauthorized third-party alteration to the Sites and Services, contact us at privacy AT ampersand.tv with a description of the material(s) at issue and the URL or location on the Sites or Services where such material(s) appear.
12. Indemnity and Release. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Ampersand and their officers, employees, directors and agents from and against all claims, losses, rights, actions of any kind, injury, costs and expenses (including attorneys’ fees ) arising out of (a) your use of, or activities in connection with, the Sites or Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Input or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
13. Termination. This Agreement is effective until terminated. Ampersand may terminate your access to or use of the Sites or Services, at any time and for any reason, including if Ampersand believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Sites or Services will immediately cease. You agree that any termination of your access to or use of the Sites or Services may be impacted without prior notice, and that Ampersand may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Ampersand shall not be liable to you or any third party for any termination of your access to the Sites or Services or to any such information or files and shall not be required to make such information or files available to you after any such termination. Sections 5and 6 and 10-12 shall survive any expiration or termination of this Agreement.
14. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites or Services, please contact Ampersand by writing to General Counsel, Ampersand, 151 W 42nd St, New York, NY 10036. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15. Jurisdictional Issues. The Sites and the Services are controlled and operated by Ampersand from the United States and are not intended to be subject to the laws or jurisdictions of any state, country or territory other than that of the United States. Ampersand neither represents nor warrants that the Sites or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Sites or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Sites or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Sites or the Services are available in all states or territories.
You and Ampersand intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.
You and Ampersand waive any rights to maintain other available resolution processes for Disputes, such as a court action or administrative proceeding, to settle disputes. You and Ampersand waive any right to a jury trial for Disputes.
Both you and Ampersand agree to settle Disputes only by arbitration and not in court. Any Dispute shall be determined by arbitration in New York, New York before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
You agree that you will not file a class action against Ampersand and its affiliated companies, or participate in a class action against Ampersand and its affiliated companies, in any Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against adidas and its affiliated companies, in any Dispute.
19. Notice. All notices or other communications to Ampersand from you will be deemed given when received by prepaid first-class mail or courier, hand delivery, facsimile, electronic mail, at the address below:
National Cable Communications LLC, dba Ampersand
151 West 42nd Street
New York, New York 10036
Attn: Legal Department
Email: legal AT ampersand.tv
Effective January 1, 2020