TERMS OF USE

FX+ Terms of Use Agreement

Effective Date: July 16, 2018

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” IN SECTION 12 BELOW CONTAINS PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS: (i) ALL DISPUTES ARISING BETWEEN YOU AND FX+ UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT AND (ii) YOU AND FX+ WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.  PLEASE CLICK TO REVIEW THE ARBITRATION AGREEMENT.  BY USING THE FX+ SERVICES, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.  PLEASE READ IT CAREFULLY.

  1. Description of Service and Acceptance of Terms

FX+ Services, LLC (“FX+,” “we” or “us”) has developed this Terms of Use Agreement (“Agreement”) to describe the terms that govern your use of the FX+ Services (defined below).  FX+ is based in the United States and is a part of the United States based operations of Twenty-First Century Fox, Inc.

FX+ is an online video service which gives users the opportunity to select from various offerings of on-demand programming, including television shows, clips, and other content (collectively, the "Content").  Our video service, the Content, our player for viewing the Content (the "Video Player") and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by FX+ on or through a variety of Access Points (defined below) are referred to collectively as the “FX+ Services” or “the Services.”  The term "Access Points" refers to, collectively, the FX+ website, applications and other places where any Services are authorized by FX+ or an FX+ Affiliate (defined below) to be made available, including websites and applications of our third party distribution partners (for example, pay television providers and digital distribution platforms) and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. FX+ may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help manage and/or provide the FX+ Services.

Your use of the FX+ Services (including access to the Content) is conditioned on your compliance with this Agreement, which incorporates by reference our Privacy Policy ("Privacy Policy") and any end user license agreement that might accompany the applicable Service.

FX+ furnishes the FX+ Services (as defined above) for your personal enjoyment and entertainment.  By using the FX+ Services (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and to abide by all applicable laws, rules and regulations (“Applicable Law”).  Please read through this Agreement carefully.  If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the FX+ Services and must discontinue use of the FX+ Services immediately.

 

Please note that the website addresses (i.e., URLs) included within this Agreement may not function as hyperlinks on all the Access Points.  To view this Agreement with clickable hyperlinks, please click here on your computer.

  1. Changes to This Agreement

We may need to make changes to this Agreement from time to time for many reasons.  For example, we may need to reflect updates in how the Services work or changes in the law.   You should look at this Agreement regularly.  It is posted on the FX+ website here.  In addition, you can access this Agreement when you are logged into FX+ Services.  If we make a material change to this Agreement, we will notify you by sending an email to the email address you most recently provided to us prior to the material change taking effect.  Therefore, it is important that you keep your account information, including email address, updated.  Any material change to this Agreement will be effective automatically 10 days after the revised Agreement is first posted or, for users who register or otherwise provide opt-in consent during this 10-day period, at the time of registration or consent, as applicable, unless the law requires us to make the change effective sooner.

Your continued use of the FX+ Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified.

  1. Access and Use of the Services.

3.1 Personal Use Only.  The FX+ Services are intended solely for your personal and non-commercial use.  FX+ may change, suspend or discontinue the FX+ Services at any time.  FX+ may also impose limits on certain features and services offered on the FX+ Services or restrict your access to parts or all of the FX+ Services without notice or liability.  You acknowledge that from time to time the FX+ Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FX+ may undertake from time to time; or (iii) causes beyond the control of FX+ or which are not reasonably foreseeable by FX+.

3.2 FX Television Access Required.  To receive the FX+ Services, you must have an account in good standing with a pay television provider authorized to distribute the FX Network, and you must have a subscription that provides access to the FX Network (“Television Access”).  If you purchased your FX+ subscription from FX+ and you no longer have Television Access, you must cancel your subscription to FX+ Services in accordance with section 4.4 below.

3.3 Age Limitations. The FX+ Services are not intended to be used by children without involvement and approval of a parent or guardian.  If you are under the age of 13, you are not permitted to register with FX+ or provide your personal information to FX+.  If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the FX+ Services only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf.  If you subscribe to FX+ and wish to create subprofiles (if available) under your subscription, you must ensure all users of such subsprofiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).

3.4 Accounts. We may require you to create an account in order to access the FX+ Services.  Only the account holder, and those with permission from the account holder, may create an account.

3.5 Your License. FX+ grants you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming, temporary download (if available), or other bases through the Video Player, for personal, non-commercial purposes only as set forth in this Agreement.  The periods during which you can view each piece of Content will vary based on the rights availabile for such Content and the terms of your subscription.

3.6 The Content.

Content Subjectivity.  Content tends to elicit varying reactions among different people.   You may come across Content that you find offensive, indecent, explicit or objectionable.  Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and FX+ does not guarantee that you will agree with them.  You acknowledge these risks.

Content Quality.  FX+ uses various technologies to provide you with an optimal viewing experience.  That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors.   HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities.  The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using.  As a result, FX+ is unable to make any warranties about the Content in these respects.

3.7 Limited Content License.  The FX+ Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content of FX+ and/or its parents, subsidiaries, or affiliates (“FX+ Affiliates”) and their licensors and assignors ("FX+ Content"), and it may contain materials and Content provided by users (“User Content”) or other third-parties.  FX+ Content contained in the FX+ Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and FX+, its licensors, or its assignors, FX+ or FX+ Affiliates owns and retains all rights in and to the FX+ Content and FX+ Services.  FX+ hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the FX+ Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the FX+ Services.  Except as provided in this Agreement, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the FX+ Services.

Except as explicitly and expressly permitted by FX+ or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the FX+ Content.  This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away.  In addition, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the FX+ Content contained in the FX+ Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the FX+ Content, including geo-filtering mechanisms.  Except as expressly stated in this Agreement, you are expressly prohibited from using any FX+ Content and/or the Services in any manner.

You may not, without FX+’s written permission, “mirror” any FX+ or User Content contained on FX+ or any other server.  You may not use FX+ for any purpose that is unlawful or prohibited by the Agreement.  You may not use FX+ in any manner that could damage, disable, overburden, or impair the FX+ Services, Access Points, or otherwise interfere with any other party’s use and enjoyment of FX+.  You may not attempt to gain unauthorized access to FX+ through hacking, password mining or any other means.  FX+ reserves the right, in its sole discretion, to terminate your access to the FX+ Services, or any portion theredof, at any time, for any reason or for no reason at all, without prior notice or any notice.

3.8 The Video Player.  You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player.  This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

3.9 Embedding a Video Using the Video Player.  Where FX+ has incorporated an embed option in connection with Content on the FX+ Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to FX+ (in FX+'s sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material").   You may not embed the Video Player into any hardware or software application, even for non-commercial purposes.  FX+ reserves the right to prevent embedding to any website or other location that FX+ finds inappropriate or objectionable (as determined by FX+ in its sole discretion).

3.10 Compatible Devices.  In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”).  Features and functionalities that we make available through the Services may differ by Compatible Device.  Please click here for a current list of Compatible Devices.

3.11 Internet Service and Data Usage.  In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications.  Please note that some features of the Services may require higher internet bandwidth.  You are responsible for any costs associated with your internet service used to access the Services.  Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

3.12 Ownership.  You agree that FX+ owns and retains all rights to the Services.   You further agree that the Content you access and view as part of the Services is owned, licensed and/or controlled by FX+.  The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

3.13 Your Responsibilities.  You and other users must use the Services for lawful, non-commercial, and appropriate purposes only.  Your commitment to this Section 3.13 is critical.  You agree to observe the Services, Content, Video Player and embedding restrictions provided in this Agreement, and further agree that you will not use the Services in a way that:

transmits or links to content that is unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

harasses or harms another person;

exploits or endangers a minor;

impersonates or attempts to impersonate any person or entity;

deletes or revises any information provided by or pertaining to any other user of the FX+ Services;

post, upload or otherwise transmit an image or video of another person without that person's consent;

violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

uses technology or other means to access, index, frame or link to the FX+ Services (including the Content) that is not expressly authorized by FX+ in writing (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);

involves accessing the FX+ Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

uses technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the FX+ Services, or to circumvent or modify any security technology or software that is part of the FX+ Services;

introduces or engages in activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including FX+'s servers, computer network, or user accounts;

removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the FX+ Services (including the Content), or any other portions of the FX+ Services;

uses the Services to advertise or promote services that are not expressly approved in advance in writing by FX+;

collects information in violation of FX+'s Privacy Policy;

encourages conduct that would constitute a criminal offense or give rise to civil liability;

violates this Agreement, Applicable Law or any guidelines or policies posted by FX+;

interferes with any other party's use and enjoyment of the Services; or

attempts, facilitates, or encourages others to do any of the foregoing.

If FX+ determines in its sole discretion that you are violating any part of this Agreement, we may (i) notify you, (ii) use technical measures to block or restrict your access or use of the Services, and/or (iii) terminate your FX+ subscription or suspend or discontinue your access to the FX+ Services without any credit, discount or other consideration.  In any case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

3.14 No Spam/Unsolicited Communications and Submissions.  You may not use the FX+ Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications.  You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.  If you send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to FX+ and that the amount of such harm would be extremely difficult to measure.  As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay FX+ $50 for each actual or intended recipient of such communication.

FX+ does not knowingly accept, via the FX+ Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. FX+ requests that you do not make any unsolicited submissions.   Any similarity between an unsolicited submission and any elements in any FX+ or FX+ Affiliate creative work, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to FX+ via the FX+ Services that are unsolicited (including but not limited to any FX+ message board or forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and FX+; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by FX+ (and are not User Content licensed by you to FX+ under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FX+ sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against FX+ or FX+ Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

3.16 Software Downloads.  In order to participate in the FX+ Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions.  Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into this Agreement.

3.17 Modification/Suspension/Discontinuation.  We regularly make changes to the FX+ Services.  The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time.  FX+ reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services.   Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point.  We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice.  In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including but not limited to promotional features, user interfaces, plans, pricing, in-application purchases, enhanced display resolution, and advertisements.  You acknowledge that FX+ may do so in FX+'s sole discretion at any time without notice.  You also agree that FX+ will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a FX+ subscriber and FX+ suspends or discontinues your subscription to the FX+ Services, FX+ may, in its sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below.  However, if FX+ terminates your FX+ subscription or suspends or discontinues your access to the FX+ Services due to your violation of this Agreement, then you will not be eligible for any such credit, discount or other consideration.

3.18 Customer Service.   If we can be of help to you, please do not hesitate to contact our customer service department by clicking here.  We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with this Agreement, please be aware that this Agreement will control.

  1. Subscriptions and Billing

The information below applies only to consumers who subscribe to FX+ Services through FX+.  If you made a purchase from your television provider or one of our third party partners, please contact the respective party for information about billing.  Also be aware that, for your convenience, your Payment Method (as defined below) may be accessible on FX+ Affiliate websites or services where you may elect to use the same Payment Method in order to process your transaction with any such FX+ Affiliate.   

4.1 Subscriptions.  We charge a monthly subscription fee to access the FX+ Services.  You can find the specific details regarding your subscription at any time by logging in to FX+ and viewing your subscription details.  Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

4.2 Billing.  By providing a credit card or other payment method for your subscription to the FX+ Services ("Payment Method"), you are expressly agreeing that we or an independent third-party selected by, but not affiliated with, us (the “Payment Service”) are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method.  If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the FX+ website and viewing your subscription details.  When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our Payment Service will attempt to verify the information you entered.  The Payment Service will do this by processing an authorization hold, which is a standard practice.  If your Payment Method expires and you do not update your Payment Method information or cancel your subscription, you authorize the Payment Service to continue billing, and you will remain responsible for any uncollected amounts. Upon a reasonable number of attempts to obtain a valid Payment Method, we may, at our discretion, suspend and/or cancel your subscription and access to the FX+ Services without further notice.

As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.  The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and every month thereafter, unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Agreement.

The Payment Service will automatically bill your Payment Method monthly, on the calendar day corresponding to commencement of your subscription.  For example, if you purchase your subscription on January 10, the Payment Service will bill your Payment Method January 10, February 10, March 10, and so on each month, unless and until you cancel your subscription.  For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial and continue monthly as set forth above.  The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a "Billing Period."  In the event your subscription began on a day not contained in a given month, the Payment Service will bill your Payment Method on the last day of such month.  For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28.  You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us or the Payment Service to charge your Payment Method for the corresponding amounts.

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion.  In the case of promotional pricing, after your promotion ends, the Payment Service will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

FX+ reserves the right to change the terms of your FX+ subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change.  If FX+ changes the subscription fee or other charges for your FX+ subscription, we will give you advance notice of these changes and you will have the opportunity to cancel your subscription prior to incurring the new charges.   However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where FX+ determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers.  The amount and form of such credits, and the decision to provide them, are at FX+'s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits or in the future under similar or different circumstances.

4.3 Ongoing Subscription.  Your subscription will continue in effect on a monthly basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Agreement.  You must cancel your subscription before your next payment date in order to avoid the next billing.  The Payment Service will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).   If you cancel your subscription, cancellation will be effective at the end of the current Billing Period.  This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.  You will also forfeit any service or referral credits upon cancellation.

4.4  HOW TO CANCEL YOUR SUBSCRIPTION.

IF YOU PURCHASED FX+ SERVICES THROUGH US, YOU CAN CANCEL YOUR SUBSCRIPTION BY SIGNING INTO YOUR FX+ ACCOUNT, SELECTING “ACCOUNT SETTINGS” AND SELECTING “CANCEL.”  YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION IF YOU NO LONGER WISH TO RECEIVE THE FX+ SERVICES.  UNLESS YOU PURCHASED YOUR SUBSCRIPTION THROUGH YOUR TELEVISION PROVIDER, YOUR FX+ SUBSCRIPTION WILL NOT TERMINATE AUTOMATICALLY IN THE EVENT YOU TERMINATE YOUR PAY-TV ACCOUNT, OR IN THE EVENT YOUR PAY-TV SUBSCRIPTION NO LONGER INCLUDES ACCESS TO THE FX NETWORK.

IF YOU PAY FOR THE FX+ SERVICES THROUGH YOUR ACCOUNT WITH A THIRD PARTY (E.G., YOUR TELEVISION DISTRIBUTOR OR DIGITAL DISTRIBUTION PLATFORMS) AND WANT TO CANCEL YOUR SUBSCRIPTION OR MANAGE YOUR BILLING, YOU NEED TO DO SO THROUGH YOUR ACCOUNT WITH SUCH THIRD PARTY.  FX+ WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR THE RETURN OF ANY AMOUNTS YOU PAID TO A THIRD PARTY IN CONNECTION WITH YOUR SUBSCRIPTION TO FX+.

4.5 Unpaid Amounts.  It is important that each subscriber honor the payment obligations to which the subscriber agreed.  Accordingly, we reserve the right to permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected).  We also reserve the right to permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your subscription.  You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

4.6 Free Trials.  On occasion, we may offer free trials to FX+ Services for certain qualifying users.  If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers.  FX+ reserves the right to determine eligibility for free trials.

Once your free trial period ends, the Payment Service will begin billing your Payment Method for your monthly subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial.  For that reason, unless otherwise indicated in the free trial description, you will be asked to set up a valid Payment Method when redeeming a free trial offer.

You will not receive a notice from FX+ that your free FX+ trial has ended and that payment for your subscription is due.  If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period.   You may cancel your subscription at any time as described in the "Ongoing Subscription and Cancellation" section of this Agreement.  The Payment Service will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to this Agreement.  To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that FX+ will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.  If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.

  1. Accounts and Registration.

You are responsible for all uses of your account, including use of your account by other members of your household.  By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with this Agreement and you agree to be responsible for their activity using the Services.

You take full responsibility for your use of the FX+ Services.   All registration information you submit must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account.

You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account.  It is therefore critical that you do not share your account information with anyone.  Please keep your password confidential.  Notify us by email using the customer support form available from our Help Center if you suspect any unauthorized use of your account.  Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may not (i) select or use as a username, a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization.  FX+ reserves the right to refuse registration of, or cancel, a username, in its sole discretion.  It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information.  You may be held liable for losses incurred by FX+, FX+ Affiliates (defined above) or any other FX+ user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify FX+ and all FX+ Affiliates from any third-party claims arising from such actions.  You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account.  You agree to notify FX+ immediately if you suspect any unauthorized use of, or access to, your account or password.   FX+ shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement.  FX+ shall also retain the right, but no obligation, to review any profile pictures provided by you.

We reserve the right to immediately terminate or restrict your FX+ subscription or your use of the Services or access to Content at any time, for any or no reason, without prior notice, and we shall have no liability to you for any such termination.  Furthermore, even after your account subscription and/or access to the FX+ Services is terminated by you or FX+, this Agreement will remain in full force and effect with respect to your past and future use of the FX+ Services.  One reason we may terminate your FX+ subscription or your use of the Services or access to Content is if such use places an undue burden on our networks or servers.  Alternatively, we may use technology to limit activities, such as the number of calls to the FX+ servers being made, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

If we terminate your user FX+ subscription and/or access to the FX+ Services (or any portion of the FX+ Services), you may not create a new account, purchase a new subscription or try to access the FX+ Services without FX+'s prior written approval.  You agree that your account and/or subscription is non-transferable.   Any rights to your account and/or FX+ Services terminate upon your death.

  1. Collection and Use of Personal Information

For information about FX+'s policies and practices regarding the collection and use of your information, please read FX+'s Privacy Policy.  The Privacy Policy is incorporated by reference and made part of this Agreement.  Thus, by agreeing to this Agreement, you agree that your use of or presence on the FX+ website, application and other places where any Services are available and use of the FX+ Services through any other Access Point are governed by the FX+ Privacy Policy in effect at the time of your use.

You acknowledge, consent and agree that FX+ may access, preserve or disclose information you provide to or through the FX+ Services or that we have collected about you, including registration information and User Content, when FX+ has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of FX+, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the FX+ Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities.  If FX+ sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, FX+ may transfer your information to the party or parties involved in the transaction as part of that transaction.

  1. Third Party Advertisements and Services.

FX+ takes no responsibility for and does not endorse any third party advertisements or any third party material posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers.  Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that FX+ is not liable for any loss or claim that you may have against an advertiser.  If you provide any confidential or personal information or engage in any transaction through an advertisement, FX+ is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

  1. Trademarks

FX+, the FX+ logo, and other FX+ marks, graphics, logos, scripts, and sounds are trademarks of FX+. None of the FX+ trademarks may be copied, downloaded, or otherwise exploited.

  1. Disclaimer of Warranties, Limitation of Liability, and Indemnity.

9.1 Disclaimer of Warranties

THE FX+ SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND FX+ DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE FX+ SERVICES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FX+ EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FX+ MAKES NO WARRANTY THAT YOUR USE OF THE FX+ SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE FX+ SERVICES WILL BE CORRECTED, THAT THE FX+ SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE FX+ SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW UNDER NO CIRCUMSTANCES WILL FX+ OR OUR FX+ AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE FX+ SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE FX+ SERVICES, ATTENDANCE AT AN FX+ EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FX+ SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE FX+ SERVICES, OR THE CONDUCT OF ANY USERS OF THE FX+ SERVICES, WHETHER ONLINE OR OFFLINE.  YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FX+ SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE FX+ SERVICES.  USER CONTENT, THIRD-PARTY ADVERTISEMENTS AND THIRD-PARTY SERVICES (AS DEFINED BELOW) DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF FX+ OR OUR FX+ AFFILIATES.

9.2 Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FX+ OR OUR FX+ AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE FX+ SERVICES, EVEN IF FX+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FX+ AND OUR FX+ AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FX+, FOR THE FX+ SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF FX+’S ACTS OR OMISSIONS OR YOUR USE OF FX+ SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE FX+ SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FX+ HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

9.3 Indemnity

You agree to indemnify and hold FX+, its FX+ Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party due to or arising out of or in connection with your use or misuse of the FX+ Services (including, without limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the FX+ Services.

  1. Removal of Material that Infringes Copyrights

FX+ respects the intellectual property of others and requires that our users do the same.  FX+ has a policy that provides for the termination in appropriate circumstances of users and subscription holders of FX+ Services who are repeat infringers.  FX+ also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe materials on the FX+ Services infringes your copyright.

If you believe that any materials residing on or linked to from FX+ Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the FX+ Copyright Agent: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit FX+ to locate the material on the FX+ Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit FX+ to contact you, such as an address, telephone number, and an email address; (d) 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 Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.  FX+'s Copyright Agent for notification of a claimed infringement can be reached as follows: Copyright Agent, FX+ Services, LLC, 10201 W. Pico Blvd., Los Angeles, CA 90035; Facsimile: (310) 969-5660; Phone: (310)369-7069. Please be sure to send the notification to the attention of the FX+ Site on which your claimed infringement occurred. If you wish to notify the FX+ Copyright Agent electronically, please submit an email to FX.DMCA@Fox.com.

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

  1. Third-Party Links and Services

The FX+ Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services").  When you engage with a Third-Party Service, you are interacting with the third-party, not with FX+.  If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service.   In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services.  FX+ is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof).  Inclusion of any Third-Party Service or a link thereto on the FX+ Services does not imply approval or endorsement of the Third-Party Service.  FX+ is not responsible for the content or practices of any websites other than the FX+ Services that link to this Agreement, even if the website links to the FX+ Service and even if it is operated by a FX+ Affiliate or a company otherwise connected with FX+.  By using the FX+ Services, you acknowledge and agree that FX+ is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than FX+ Services.  When you access Third-Party Services, you do so at your own risk. FX+ encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting.

  1. Arbitration Agreement

Please read the information below very carefully. It affects your rights in the event of a dispute between you and FX+.

(1) FX+, including its FX+ Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any, Disputes (as defined herein) between you and FX+, regarding any aspect of your relationship with FX+ will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and FX+, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any and all claims between you and FX+ in any way related to or concerning this Arbitration Agreement, any other aspect of this Agreement of Use (including their applicability and their conformance to applicable law), any products or services provided by FX+, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.  The only exceptions to this Arbitration Agreement are that (i) each of you and FX+ retains the right to sue in small claims court and (ii) each of you and FX+ may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.  Each of you and FX+ agrees to give up the right to sue in court. Each of you and FX+ also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and FX+ (see paragraph 9 of this Arbitration Agreement below).  There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

(2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.   This Arbitration Agreement shall survive termination of this Agreement.

(3) Any arbitration between you and FX+ will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Agreement to arbitrate.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and FX+ cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of FX+ and you pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/.  The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.  The arbitrator is bound by the terms of this Agreement.

(4) If either you or FX+ wants to arbitrate a Dispute, you or FX+ must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the FX+ Service to which the Notice relates, and the relief requested. Your Notice to the FX+ must be sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067.  FX+ will send any Notice to you at the contact information we have for you or that you provide.   It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.  If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the rules and procedures provided for by JAMS Rules.  Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.  In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the FX+ at the address listed above to which you sent your Notice of Dispute.

(5) You and FX+ acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND FX+ 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, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) FX+ will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.

(6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against FX+, you and FX+ acknowledge and agree to abide by the following:

  • If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), FX+ will pay the filing fee on your behalf or reimburse your payment of it.
  • If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but FX+ will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
  • FX+ and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. FX+ will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
  • FX+ and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

(7) Regardless of how the arbitration proceeds, each of you and FX+ shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(8) Each of you and FX+ may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s).  In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if FX+ failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than FX+’s highest settlement offer to resolve the Dispute, then FX+ will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded.  If FX+ wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.   The arbitrator may not order FX+ to pay any monies to or take any actions with respect to persons other than you, unless FX+ explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  Further, unless FX+ expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

(10) You and FX+ agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

(11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against FX+ must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

  1. Limitation on Time to Bring a Claim

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE FX+ SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

  1. Governing Law and Choice of Forum

This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.  Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and FX+ agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement or the FX+ Services.

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

SUBJECT TO APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE FX+ SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

  1. General Information

15.1 United States Jurisdiction.  FX+ provides the FX+ Services in the United States of America.  FX+ does not represent that the FX+ Content, FX+ Services are appropriate (or, in some cases, available) for use in other locations.  If you use the FX+ Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the FX+ Services.

Not all of the FX+ Services are available worldwide or nationwide, and FX+ makes no representation that you will be able to obtain any FX+ Services in any particular jurisdiction, either within or outside of the United States.

15.2 Export Controls. Software available in connection with the FX+ Services (the "Software") is further subject to United States export controls.   No Software may be downloaded from the FX+ Services or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.

15.3 No Waiver/Reliance. If you see other parties violating this Agreement, we would appreciate it if you would let us know here .  Precisely how FX+ responds to a party that is violating this Agreement will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon FX+'s precise response with respect to one party or one situation as any indication of what FX+ might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.

Similarly, the failure of FX+ to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  If we fail to act in response to a violation of this Agreement, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of this Agreement with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party.  Further, FX+'s decision to delay exercising or enforcing any right or remedy under this Agreement shall not constitute a waiver of such right or remedy.  Even if FX+ acts in a way that appears to you to be inconsistent with this Agreement, FX+'s action shall not be deemed a waiver or constructive amendment of this Agreement.

15.4 Other.   The Section titles in this Agreement are for convenience only and have no legal or contractual effect.  This Agreement operates to the fullest extent permissible by law.  Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices FX+ may be required by Applicable Law to send to you will be effective upon FX+’s sending an e-mail message to the e-mail address you have on file with FX+ or publishing such notices on the informational page(s) of FX+ Services.  Additionally, from time to time, we may communicate with you about the Services and this Agreement electronically (e.g., emails to your registered email address, notices on the FX+ Site and other Access Points).  You consent to receive electronic communications from FX+ and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements.  We recommend that you keep a copy of any electronic communications we send to you for your records.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FX+ as a result of this Agreement or your use of the FX+ Services.   A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits FX+’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FX+ Services or information provided to or gathered by us in connection with such use.

If you would like to contact us with any questions regarding this Agreement, please contact us here.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.