Algo Media provides a personalized subscription service that enables our members to access movies and television shows ("Algo Media content") streamed over the Internet to select televisions, computers and other Internet-connected devices ("Algo Media ready devices" ).
YOU ACCEPT THE ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTE HIGHLY MEDIUM (EXCEPT FOR MATTERS THAT MAY BE TAKEN IN THE COURT OF SMALL CLAIMS).
- Membership 1. Your Algo Media membership will continue and will automatically renew until terminated. To use the Algo Media service you must have Internet access and an Algo Media ready device and provide us with one or more payment methods. "Payment method" refers to a current, valid and accepted method of payment, which may be updated periodically and which may include payment through your account with a third party. You must cancel your membership before it is renewed to avoid billing the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below). 1.2. We can 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 different conditions and limitations, which will be disclosed in your registration or in other communications made available to you. You can find specific details about your Algo Media membership by visiting our website and clicking on the "Account" link.
- Free Trials
1. Your Algo Media membership can start with a free trial. The length of your membership free trial period will be specified during registration and is intended to allow new and certain former members to try the service.
2.2. Something Media determines eligibility for the free trial in its sole discretion and we may limit eligibility or duration to prevent abuse of the free trial. We reserve the right to revoke the free trial and put your account on hold should we determine that you are not eligible. Household members with an existing or recent Algo Media membership are not eligible. We may use information such as device ID, payment method, or email address of an account used with an existing or recent Algo Media membership to determine eligibility. For combinations with other offers, restrictions may apply. 23.
We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership before the end of the free trial period. To view the applicable membership price and the end date of your free trial period, please visit our website and click the "Billing Details" link on the "Account" page.
- Passwords and account access. The member who created the Algo Media account and whose Payment Method is charged (the "Account Owner") has access and control over the Algo Media account and the Algo Media-ready devices used to access our service. and is responsible for any activity that occurs through the Algo Media Account To maintain control over the account and prevent someone from accessing the account (which could include information about the viewing history of the account), the account holder you must maintain control over the Algo Media-ready devices used to access the service and not reveal the password or details of the payment method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide us in connection with your account. We may terminate your account or put your account on hold to protect you, Algo Media, or our partners from identity theft or other fraudulent activity. Algo Media is not required to credit or discount a membership for account holdings by a representative of Algo Media or by automated processes of Algo Media.
- Disclaimers of Warranties and Limitations of Liability
1. THE ALGO MEDIA SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH IT, OR ANY OTHER FEATURES OR FUNCTIONALITY ASSOCIATED WITH THE ALGO MEDIA SERVICE, ARE PROVIDED "AS IS" AND "AVAILABLE" WITH ALL FAULTS AND NO WARRANTY OF ANY KIND. ALGO MEDIA DOES NOT WARRANT, REPRESENT OR WARRANT THAT YOUR USE OF THE ALGO MEDIA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ALGO MEDIA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ALGO MEDIA'S APPLICATIONS, READY DEVICES AND ALGO MEDIA SOFTWARE (INCLUDING ITS CONTINUING SUPPORT FOR OUR SERVICE).
6.2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MEANS, OR ITS SUBSIDIARIES OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS, BE LIABLE (TOGETHER OR SEVERAL) FOR YOU FOR ANY SPECIAL INJURIES OR PERSONAL INJURIES, OR ANY PERSONAL INJURIES. OF ANY KIND, OR ANY DAMAGE OF ANYONE.
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.
- Arbitration Agreement
7.2. If you choose to seek arbitration or file a small claim lawsuit, you must first send Algo Media, by certified mail, a written Notice of your claim ("Notice"). Notification to Algo Media should be addressed to: General Counsel, Algo Media, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notification Address"). If Algo Media initiates the arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Algo Media, must (a) describe the nature and basis of the claim or dispute; and (b) establish the specific relief requested ("Lawsuit"). If you and Algo Media cannot reach an agreement to resolve the claim within 30 days of receiving the Notice, you or Algo Media may initiate arbitration or file a claim in small claims court.
7.3. You can download or copy a Notice form and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Algo Media receives a notice at the Notification Address that the arbitration has begun, Algo Media will refund your payment of the filing fee, unless your claim is more than US $ 10,000, in which case you will be responsible for the filing fees.
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 AAA at 1-800-778-7879 or by writing to the Notification Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this arbitration agreement. Unless you and Algo Media agree otherwise, any arbitration hearing will take place in the county (or parish) of your residence. The arbitrator's award will 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 amparo award against a party, in which case that party will have the right to request judicial review of the precautionary measure in a court of competent jurisdiction that will not be subject to the application of the arbitrator or the conclusions of the law.
7.5. If your claim is for US $ 10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, through a telephone hearing or an in-person hearing as established by the AAA Rules. If your claim exceeds US $ 10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned decision in writing explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Algo Media's last written settlement offer made before an arbitrator was selected (or if Algo Media did not make a settlement offer before an arbitrator was selected ), Algo Media will pay you the amount of the prize or US $ 5,000, whichever is greater. Except as expressly established in this document, the payment of all filing, administration and arbitration fees will be governed by the AAA Rules.
7.6. YOU AND SOMETHING MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEDURE. Furthermore, unless both you and Algo Media agree otherwise, the arbitrator cannot consolidate the claims of more than one person with your claims, and cannot preside over any form of representative or collective proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
- DVD plans. If you are a member of Algo Media on a DVD plan, the DVD Terms and Conditions also apply to your use of the Algo Media service.