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Terms of Use

Kroenke Stadium Services a member of Altitude Analytics family of companies, Terms of Use

Last updated: March 25, 2026

THESE TERMS OF USE CREATE A LEGAL CONTRACT CONTAINING THE FOLLOWING REQUIREMENTS THAT AFFECT YOUR RIGHTS TO THE EXTENT PERMITTED BY LAW:

  • AN AGE REQUIREMENT OF 13 YEARS OR OLDER (SECTION 1);
  • DISCLAIMERS OF WARRANTIES (SECTION 20);
  • LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY (SECTION 21);
  • A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE REQUIRING ARBITRATION WITH NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN AVAILABLE IN COURT (SECTION 24);
  • A CLASS ACTION WAIVER (SECTION 25) AND A JURY TRIAL WAIVER (SECTION 25); AND
  • SUBSCRIPTIONS THAT AUTO RENEW UNLESS CANCELLED (ADDENDUM A).

BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THESE TERMS AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These Terms of Use (this "Agreement" or "Terms") apply to your access to and use of the digital platforms including AAC Family websites, apps (mobile and tablet), and other online content offerings of the AAC Family, which includes Kroenke Sports and Entertainment, LLC, AAC Media Ventures, LLC, Altitude Sports and Entertainment, LLC d/b/a Altitude Sports, Altitude+ and Altitude, AAC Marketing, LLC, AAC Ticketing, LLC, KD Development Company, LLC, The Denver Nuggets, LP d/b/a Denver Nuggets, Colorado Avalanche, LLC d/b/a Colorado Avalanche, AAC Soccer Inc. d/b/a Colorado Rapids, AAC LAX, LLC d/b/a Colorado Mammoth, Kroenke Arena Company, LLC and Kroenke Parking, LLC d/b/a Ball Arena, Kroenke Stadium Services, Inc. d/b/a Dick's Sporting Goods Park, Paramount Holdings, LLC d/b/a Paramount Theatre, AAC Radio Ventures, LLC d/b/a Altitude Sports Radio, KOOL 105 and Mix 100, and Kroenke Sports Charities, Inc. and all affiliated and related entities (collectively, the "AAC Family", "Us", "Our", or "We"), and you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, "you" or "your"). This Agreement constitutes a legally binding contract between you on the one hand and Us on the other hand. As used in these Terms:

  1. "App" refers to any downloadable application (including, a mobile or tablet application) owned or operated by or on Our behalf, through which access to the Services is available. References to the "App" include any and all features, functionality, tools, and content available on or through each such application.
  2. "Device(s)" means certain computers, tablets, smart phones, or other electronic devices that may be used to access the Services.
  3. "Digital Services" means the sale of a digital subscription service, on a monthly or annual basis, offering streaming content accessible with a Device.
  4. "Platform" refers, collectively, to any and all Websites and/or Apps and other technology through which We provide the Services.
  5. "Platform Content" refers to any and all videos, text, photos, information, and other content included, provided, or made available on or through the Platform, including all User Content except your User Content.
  6. "Platform Provider Parties" means any third party involved in hosting, operating, creating, managing, producing, fulfilling orders for, delivering or otherwise assisting with or otherwise relating to a Platform or the delivery or implementation of any of the Services.
  7. "Retail Services" means the sale of merchandise and other various products through an online marketplace provided by Us and Our service providers.
  8. "Services" refers to any of the following: (i) the Retail Services; (ii) the Digital Services; (iii) online video and content designed to engage or otherwise interact with AAC Family fans/guests; and (iv) any and all services and promotions related to the preceding.
  9. "Users" means any and all persons that access or use the Platform. References to "access" and/or "use" of the Platform (and any variations thereof) include the acts of accessing or browsing the Website or App, and otherwise accessing or using the Services.
  10. "Website" refers to any website owned or operated by Us or on Our behalf, through which access to the Services is available. References to the "Website" include any and all features, functionality, tools, and content available on or through each such website.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY PLATFORM OR THE SERVICES BECAUSE THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US THAT APPLIES TO EACH AND EVERY PLATFORM, INCLUDING THE SERVICES OFFERED THEREIN, EVEN IF YOU ONLY VISIT, ACCESS, REGISTER WITH OR USE ONLY ONE PLATFORM.

WE MAY TERMINATE, SUPPLEMENT, AMEND OR OTHERWISE MODIFY THESE TERMS, OR IMPOSE NEW CONDITIONS OF USE, AT ANY TIME AND IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. WE WILL ENDEAVOR TO PROVIDE NOTICE TO YOU OF SUCH MODIFICATIONS, TO BE COMMUNICATED TO YOU THROUGH ONE OR SEVERAL METHODS AS DETERMINED AND SELECTED SOLELY BY US. METHODS WE COMMONLY EMPLOY ARE (I) POSTING ON THIS OR ANOTHER PAGE OF THE PLATFORM AND/OR (II) EMAILING TO ANY EMAIL ADDRESS THAT YOU PROVIDE TO US. CHANGES TO THE TERMS SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. NOTWITHSTANDING THE FOREGOING, FOR MATERIAL CHANGES TO THESE TERMS-INCLUDING CHANGES TO THE ARBITRATION PROVISIONS, DISPUTE RESOLUTION PROCEDURES, PRICING, OR SCOPE OF SERVICES, WE WILL PROVIDE YOU WITH AT LEAST THIRTY (30) DAYS' ADVANCE NOTICE AND, WHERE REQUIRED BY APPLICABLE LAW, OBTAIN YOUR AFFIRMATIVE CONSENT BEFORE SUCH CHANGES BECOME EFFECTIVE. IF YOU DO NOT AGREE TO ANY MATERIAL CHANGES, YOU MAY TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE PLATFORM AND SERVICES BEFORE THE CHANGES TAKE EFFECT.

EXCEPT FOR MATERIAL CHANGES (AS DESCRIBED ABOVE), YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU USE, CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH A PLATFORM. SIMILARLY, EXCEPT FOR MATERIAL CHANGES (AS DESCRIBED ABOVE), YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE A PLATFORM WHICH REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE. FOR THE AVOIDANCE OF DOUBT, MATERIAL CHANGES TO THESE TERMS (AS DESCRIBED ABOVE) WILL NOT BECOME EFFECTIVE THROUGH YOUR CONTINUED USE OF A PLATFORM ALONE AND WILL ONLY TAKE EFFECT AFTER WE HAVE PROVIDED YOU WITH AT LEAST THIRTY (30) DAYS' ADVANCE NOTICE AND, WHERE REQUIRED BY APPLICABLE LAW, OBTAINED YOUR AFFIRMATIVE CONSENT, AS SET FORTH ABOVE.

IF YOU ALSO PROVIDE YOUR AFFIRMATIVE ASSENT (FOR EXAMPLE, BY A "CHECK THE BOX" ACKNOWLEDGMENT PROCEDURE), THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THESE TERMS.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS IN THEIR ENTIRETY, THEN DO NOT VISIT, ACCESS, REGISTER WITH OR USE ANY PART OF THE PLATFORM OR SERVICE.

The Platform or Services are not intended for use by any individual under the age of 13: DO NOT USE THE PLATFORM OR SERVICES IF YOU ARE UNDER THE AGE OF 13. We do not knowingly collect personal information from individuals under the age of 13. If you are a parent or guardian and believe your child under the age of 13 has provided personal information to Us, please contact Us immediately so We can delete the personal information provided by the child.

  1. Registration.

    While certain Platform Content is publicly available, you may be required to register for certain activities, access registration-only areas of a Platform, or receive certain Services. If you register, you will be asked to provide certain information about yourself. You agree that you will only provide accurate, current, and complete information to register, and you will promptly update any information as necessary to maintain its accuracy.

    If you are under the age of majority in your jurisdiction of residence (generally 18 years of age) but at least 13 years of age, you may use the Platform and certain Services but only with the permission, and under the supervision, of a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for the individual's User Content and any legal liability that the individual may incur. For users between the ages of 13 and 16, We may implement additional consent mechanisms as required by applicable state laws, including obtaining verifiable parental consent before collecting, using, or disclosing personal information. Parents and guardians may review their child's personal information, request its deletion, and refuse further collection by contacting Us at the address provided in these Terms.

    During the registration process, you may be asked to select a username and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that (a) you will not allow others to use your account and (b) you are fully responsible for all activities that occur under your username. You also agree to notify Us immediately in the event of unauthorized use of your password or account or of any other breach of security relating to your account. We are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account. We will assume that any communications We receive under your password have been made by you.

  1. Privacy.

    By using a Platform or accessing the Services, you acknowledge that you have received, understand, and accept Our policies concerning the collection and use of your personal information that are set forth in Our Privacy Policy, which is incorporated into these Terms. You should carefully review the Privacy Policy each time you visit, access, register with, subscribe to, or use a Platform or the Services. BY USING A PLATFORM OR ACCESSING THE SERVICES, YOU EXPRESSLY CONSENT TO US AND OUR AFFILIATED ENTITIES COLLECTING AND USING INFORMATION ABOUT YOU (INCLUDING YOUR PERSONAL AND NON-PERSONAL INFORMATION) AS DISCLOSED IN THESE TERMS (INCLUDING OUR PRIVACY POLICY).

  1. Billing.

    You will be charged in full for the number of any purchased Services. By purchasing a Service, you hereby agree to pay the charges associated with the order in accordance with the foregoing.

  1. Payment/Credit Cards.

    All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party vendor(s). THE RELATIONSHIP WITH OUR THIRD-PARTY PAYMENT PROCESSING VENDOR(S) IS MERELY CONTRACTUAL IN NATURE, AND SHOULD NOT BE CONSTRUED AS, ONE OF FIDUCIARIES, FRANCHISORS-FRANCHISEES, AGENTS-PRINCIPALS, EMPLOYERS-EMPLOYEES, PARTNERS, OR JOINT VENTURERS.

    IF YOU PROVIDE US WITH YOUR PAYMENT INFORMATION, THEN YOU AUTHORIZE US TO DO THE FOLLOWING AS WE DEEM NECESSARY, ALTHOUGH WE HAVE NO OBLIGATION TO DO SO: (A) SHARE YOUR PAYMENT INFORMATION WITH OUR THIRD-PARTY PAYMENT PROCESSING VENDOR(S); (B) OBTAIN YOUR UPDATED PAYMENT INFORMATION FROM YOUR PAYMENT ISSUER, OUR THIRD-PARTY PAYMENT PROCESSING VENDOR(S) AND/OR APPLICABLE THIRD-PARTY PROVIDERS; AND (C) USE YOUR PAYMENT INFORMATION TO CHARGE PAYMENTS THAT ACCRUE UNDER YOUR ACCOUNT(S) WITH US IN ACCORDANCE WITH THESE TERMS.

    You agree that you are responsible for the payment of all amounts that accrue under your Account with Us, Our third-party payment processing vendor(s), and/or any other third-party providers on or through Our Platform. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through Our Platform, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

    1. Unauthorized Payments. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS PROHIBITED BY THE ELECTRONIC FUND TRANSFER ACT, THE FAIR CREDIT BILLING ACT, OR ANY OTHER APPLICABLE STATUTE, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON OR THROUGH YOUR ACCOUNT(S) WITH US, OUR THIRD-PARTY PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED. However, you may submit a claim of the unauthorized payment to Us, and We will undertake a reasonable investigation as We see fit under the circumstances of and, if We deem appropriate, assist in correcting the alleged unauthorized payment, provided that such claim ("Unauthorized Payment Claim") is received by Us within fifteen (15) days of the subject charge or payment. For any Retail Service, each Unauthorized Payment Claim must be submitted to altitudeauthentics@legends.net, with a subject line of "Claim Concerning Unauthorized Payment." For any Digital Service, each Unauthorized Payment Claim must be submitted to customersupport@altitudeplus.com or by visiting https://www.myoutdoortv.com/support with a subject line of "Claim Concerning Unauthorized Payment."

      For each Unauthorized Payment Claim, please clearly state the following in the body:

      1. the date and approximate time of the subject transaction;
      2. the services tendered or to be tendered under the subject transaction;
      3. the total monetary amount of the subject transaction;
      4. whether the subject transaction was made on or though the Platform;
      5. the parties to the subject transaction, including buyer and seller;
      6. a detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized;
      7. the monetary amount of the subject transaction you believe is subject to a refund;
      8. your name, street address, city, state, zip code and email address; and
      9. whether you prefer to receive a response to your request by mail or email.

      We are not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent, or untimely.

      You represent and warrant to Us that any payment information you provide on or through the Platforms is current, complete, and accurate; and that you will promptly notify Us if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

    2. Refunds & Final Sale/No Refunds. All Digital Services purchased on, through or from the Platform are considered final, irrevocable, and not subject to or eligible for refund except as otherwise required by applicable law. For all Retail Services, unless a clearance or final sale item, all returns must be made within 30 days of purchase. Clearance and final sale items purchased on, through or from the Platform are final, irrevocable, and not subject to or eligible for refund or return.

      We have the right, but not the obligation, to refuse any and all of its products and services to you (including, without limitation, the Services) if We suspect that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards). We may contact your payment method issuer, law enforcement or others and share information relating to your payments if We believe doing so will prevent a violation of the law or economic loss.

  1. Gift Cards.

    Gift cards (including electronic gift codes and gift emails) are one-time use cards and are only redeemable through a transaction on a Platform (collectively "Gift Card(s)"). Gift Cards are assigned a fixed monetary value (for example, $30) at the time of purchase.

    Gift Cards are not refundable for cash except as required by applicable law, including California Civil Code Section 1749.5, which requires cash redemption of gift cards with balances under $15 upon request by California residents. Use of the Gift Card constitutes acceptance of these Terms. Gift Cards cannot be used to purchase other Gift Cards or resold. For combinations with other offers, restrictions may apply. Gift Cards do not expire and are not subject to any transaction fees.

    Gift Cards may not be used in connection with any marketing, advertising, or other promotional activities without Our prior written approval. Use of Our name, logo, trade dress, or trademarks in connection with the purchase or use of the Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, firm, corporation, website, business, product, or service is endorsed, sponsored by, or otherwise affiliated with Us is prohibited without Our prior written approval.

    Upon purchase, title to the purchased Gift Cards, along with the risk of loss, destruction, or deterioration, transfers to the purchaser or any valid transferee who holds the applicable Gift Cards. As such, We are not responsible for any Gift Cards that are lost, stolen, destroyed, or used without your permission. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THE GIFT CARD.

    We may modify any of the terms and conditions governing use of the Gift Cards at any time, with or without notice, even though these changes may affect your ability to use the Gift Cards, subject to Our compliance with applicable laws.

    We may also issue promotional gift cards, other cards, and gift codes ("Promotional Cards"). Promotional Cards are not subject to these Terms, may be issued or distributed by Our partners, and may be subject to an expiration date and other conditions, as specified on the Promotional Cards or in related promotional materials.

  1. Prohibited Content and Activities.

    You may not access or use, or attempt to access or use, a Platform to take any action that could harm Us or any other person or entity, interfere with the operation or security of a Platform or the Services or use a Platform or the Services in any manner that violates any local, state, federal or other law, rule or regulation, including any ruling or order of a court or administrative body. For example, you may not engage in any of the following activities at any time with respect to a Platform or the Services:

    1. the impersonation of any person or entity or misrepresentation of yourself in any way (including, but not limited to, the use of another person's information, account, or password);
    2. any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Us or Our licensors with respect to a Platform or the Services);
    3. copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools, information, communications or content of a Platform or the Services (unless expressly authorized by these Terms);
    4. publish, transmit, or distribute any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive or degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability or other classification);
    5. solicit, collect, transmit, store, publish or otherwise make available a person's or entity's personal, confidential, proprietary information or private facts without his/her/their/its prior written consent;
    6. publish any machine, computer, or randomly generated content;
    7. supply or publish any information or statement on, through or in relation to a Platform or the Services that is false, misleading, deceptive, or incorrect;
    8. take any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications;
    9. engage in unauthorized spidering, scraping or harvesting of content or information, or otherwise engage in the systematic retrieval or copying of any information or content found on, through or in relation to the Platform or the Services or its server(s), to directly or indirectly create or compile a collection, compilation, database, or directory of information;
    10. use any software, program, process, device, application or routine (including, by way of example only, but not limited to, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with, test the vulnerability of, or impermissibly access, in whole or in part, a Platform, the Services or their server(s);
    11. engage or in or support any act that involves or concerns decrypting, bypassing, or circumventing security, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to a Platform or the Services or their server(s);
    12. engage in any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure or operation of a Platform, the Services, or their server(s);
    13. engage in any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through or in relation to a Platform, the Services, or their server(s) (the use or distribution of tools designed for compromising security is strictly prohibited); or
    14. engage in any other act that is or becomes or that We believe is improper, illegal, or harmful to a Platform, the Services or their server(s) or any person, entity, or property.

    Violations of system or network security and certain other conduct may result in civil or criminal liability, or both. We may report, investigate, and work with law enforcement authorities to prosecute Users who violate these Terms or applicable law.

    In addition, to the maximum extent permitted by law, We also reserve the right to disclose your identity to any third-party who is claiming that any User Content you provide violates the rights (intellectual property or otherwise) of a third-party.

  1. Points, Rewards, and Incentives Programs.
    1. Eligibility and Enrollment. Any rewards or incentives program run by any AAC Family company (each, a "Rewards Program") that allows enrolled members ("Members") to earn points, rewards, or other incentives of any kind based on qualifying purchases and engagement with Our affiliated teams, venues, Platforms, and retail locations. To participate, you must be at least eighteen (18) years of age, be a legal resident of the United States, and provide accurate registration information. Only one account may be created per individual, and accounts may not be transferred or assigned. We reserve the right to refuse enrollment or terminate membership at any time if We suspect fraud, abuse, or violation of these Terms.
    2. Earning Points. Members may earn points, rewards, or other incentives of any kind (collectively, "Points") through qualifying activities, including, but not limited to: (a) purchasing tickets to events at participating venues; (b) purchasing merchandise at participating retail locations or online platforms; (c) purchasing food and beverages at participating venues; (d) subscribing to Our streaming services or digital products; (e) engaging with Our Platforms, apps, newsletters, and social media; and (f) participating in designated promotions or special activities. The number of Points earned will be determined by Us and may vary based on activity type and promotional offers. Points will typically be credited within seven (7) to fourteen (14) business days.

      Points have no cash value and cannot be exchanged for cash, sold, or transferred. Points may be redeemed for rewards ("Rewards") as made available by Us, which may include, among other things, discounts on merchandise or tickets, exclusive access to, or discounts for, presale tickets or experiences, complimentary food and beverage items, subscription credits, and charitable donations. Rewards availability and redemption requirements will be set forth on Our Platforms and are subject to change at any time. All Rewards are subject to availability and may be subject to additional terms, blackout dates, or restrictions.

      Points earned on merchandise purchases are calculated based on the final purchase price after discounts, excluding taxes, shipping, and handling. If you return merchandise for which Points were earned, the corresponding Points will be deducted from your account. All merchandise returns are subject to the applicable return policy of the retailer or venue.

    3. Point Expiration. Points for Our Rewards Program will expire if your account is inactive (no Points earned or redeemed) for twenty-four (24) consecutive months. All Points will be immediately forfeited upon: (a) termination of your membership; (b) termination of the Program; (c) your violation of these Terms; or (d) any fraudulent or abusive activity.

  1. Ticketing Services.

    Our Platforms may allow you to purchase, access, store, and manage event tickets through integrated third-party ticketing services, including Ticketmaster and other authorized ticketing partners (collectively, "Ticketing Partners"). By using these ticketing features, you agree to the following:

    1. Account Linking. To access ticketing features, you may be required to link your account with Us to your account with the applicable Ticketing Partner. By linking your accounts, you authorize Us and the Ticketing Partner to share information necessary to display, transfer, and manage your tickets, including your name, email address, ticket purchase history, and other account- or usage-related information.
    2. Ticket Purchases. All ticket purchases made through Our Platforms are processed by the applicable Ticketing Partner and are subject to that Ticketing Partner's terms of use, purchase policies, and privacy policy. We are not a party to any ticket purchase transaction and are not responsible for the availability, pricing, accuracy, or fulfillment of any tickets.
    3. Mobile Tickets. Tickets displayed or stored in Our mobile applications are provided by the applicable Ticketing Partner. You are responsible for ensuring that your device meets the technical requirements to display mobile tickets, including maintaining adequate battery life, internet or cellular connectivity, and screen brightness for barcode or QR code scanning at venue entry. We are not responsible for any inability to access or display tickets due to device malfunction, connectivity issues, app errors, or other technical failures.
    4. Ticket Transfers and Resales. Any transfer, resale, or forwarding of tickets is subject to the policies of the applicable Ticketing Partner and the venue or event organizer. We do not guarantee that tickets will be transferable or eligible for resale, and We are not responsible for any restrictions, fees, or limitations imposed by Ticketing Partners or venues.
    5. No Warranty. We make no representations or warranties regarding the accuracy, availability, or functionality of any ticketing features or Ticketing Partner services. Ticketing features are provided "as is" and We disclaim all liability for any errors, delays, or failures in ticket delivery, display, or access.
    6. Disputes. Any disputes regarding ticket purchases, refunds, exchanges, or event cancellations must be resolved directly with the applicable Ticketing Partner or event organizer in accordance with their policies. We are not responsible for resolving any such disputes.

  1. Service Area.

    The Platform is currently configured for use in the United States only, and is not intended for use outside of the United States. The Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of:

    1. electrical power outages;
    2. natural disasters;
    3. electronic interference;
    4. an outage affecting the data transport service;
    5. failure of originating or terminating access lines;
    6. network congestion and/or reduced routing speed of Our network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks);
    7. compatibility issues; or
    8. equipment failures relating to your equipment (for example, your mobile phone) or Our equipment, including, hardware or software failures or misconfiguration affecting Us, Our offices, data centers, and/or any of Our service providers.

    YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT: WE DO NOT AND CANNOT GUARANTEE THAT THE PLATFORM WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE PLATFORM WILL NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE. IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR PLATFORM IS/ARE SUSPENDED, CANCELLED OR TERMINATED (FOR EXAMPLE, AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE PLATFORM. YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM. ABUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES.

  1. User Content and Submissions.

    A Platform or the Services may provide an opportunity to submit or post comments, review merchandise, send emails, message or other communications to other Users or Our staff, or otherwise post, publish, submit, transmit, upload, send or otherwise provide information to Us. You are fully responsible for the content, data, and other materials you provide to Us by, through or in connection with a Platform or the Services. Such content, data and other materials include without limitation photographs, data, images, video and audio clips, feedback, messages, ideas, reviews, comments, information, communications, and any other content that you submit to or publish on, through or in relation to a Platform or the Services. All such materials are referred to as "User Content."

    You represent, promise and warrant that all User Content is wholly original to you and you are the exclusive owner of all rights, titles and interests in and to the User Content (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted or displayed in, and all persons and entities who authored, own or contributed to, the User Content to allow for your performance and grant of rights hereunder (including specifically from all parents or legal guardians of any minors appearing in or contributing to the User Content).

    1. Prohibited User Content. You agree, promise and covenant not to provide User Content that:
      1. infringes upon, misappropriates, or otherwise violates the proprietary, publicity or privacy rights of any person or entity;
      2. plagiarizes the work of others;
      3. transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters," or solicitations of any kind;
      4. defames, disparages, embarrasses, or discloses confidential, private, or personal information about or belonging to any person or entity;
      5. exploits, harms, personally attacks, or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliate with a person or entity;
      6. incites violence or is profane, indecent, obscene, racist, sexist, sexually explicit, libelous, slanderous, hateful, threatening, abusive, deceptive, illegal, false, misleading, hate speech and/or an attack on a group or individual;
      7. contains any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology, or contains links to materials that are otherwise prohibited by these Terms;
      8. is insulting, harassing, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or other mutable or immutable characteristic; or
      9. otherwise violates these Terms or applicable law.
    2. License to Use User Content. You hereby grant Us an irrevocable, non-exclusive, royalty-free, fully-paid up, transferable, sub-licensable, perpetual and worldwide license for Us to host, store, reproduce, transmit, distribute, license, sublicense, market, modify, adapt, edit, create derivative works, communicate, translate, publish, syndicate, publicly perform, publicly display, archive, commoditize, offer for sale, export and otherwise use and exploit all or any part of the User Content and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as We see fit in Our sole discretion. You permanently and irrevocably waive any and all moral rights you may have in the User Content to the fullest extent permitted by applicable law, and all rights to review or approve any use of User Content by Us or Our designee(s). Notwithstanding the license provided above, We are under no obligation to use any User Content. All User Content, whether solicited or unsolicited, shall be licensed to Us as described above. Finally, We reserve the right, but not the obligation, to use your name in connection with the broadcast, print, online, or other use or publication of your User Content.

      PLEASE NOTE THAT USER CONTENT MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE PUBLICATION OF ANY USER CONTENT.

      If you do not want to grant Us permission to use User Content as provided for in these Terms, do not provide it to Us through the Platform or your use of the Services.

      You acknowledge and agree that We and Our designee(s) may or may not, at Our discretion, pre-screen User Content before it appears on a Platform or through a Service, and that We and Our designee(s) have no obligation to do so. You further acknowledge and agree that We and Our designee(s) reserve the right in each of Our sole discretion to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to any User Content (but have no obligation to do so). Without limiting the foregoing, We and Our designee(s) have an unqualified right to remove any User Content that violates these Terms or is otherwise objectionable in Our sole discretion, and you agree not re-post, re-publish or re-submit any User Content that We have advised you not to post, publish or submit.

      You acknowledge and agree that We do not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using a Platform or the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that We are a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. We expressly reserve Our rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through a Platform or the Services.

      If a Platform or the Services provides you with an opportunity to interact with or publish User Content through a third-party's service (for example, Facebook or X), you agree to abide by that third-party's terms of use/service and privacy policy when using such third-party's service(s), and We encourage you to review such terms.

  1. Account Suspension and Cancellation.

    In addition to any terms governing any Digital Service, We may, in Our discretion, without liability to you and without limiting Our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using a Platform or the Services at any time for any reason, and (ii) screen or delay the posting or delivery of your User Content.

    We reserve the right to suspend or terminate your account or your access to a Platform or the Services if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive, or fraudulent.

    We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the "Prohibited Content and Activities" and "User Content and Submissions" sections above and elsewhere in the Terms.

    If your account is deactivated or cancelled, We will have the right, but not the obligation to delete your User Content.

    If We have suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Our reasonable satisfaction.

  1. Your Device(s).

    Certain portions of a Platform or certain Services may be configured for, and We may offer the applicable Platform or Services through various Device(s); and these Terms shall apply with equal force and measure to your visit, access, and use of any Platform or the Services through such Device(s).

    You are responsible for obtaining and updating your Device(s), software, operating system, carrier, and network access as necessary to properly visit, access, register with and use a Platform or Services. A Platform or the Services, or both, may only be accessible using Devices with certain minimum system requirements. In all cases your failure to obtain, secure or maintain a Device and any corresponding minimum system requirements may impact your ability to use all or some of a Platform or the Services. We do not guarantee that any Platform or the Services, or any portions thereof, will function on or in connection with any particular Device, software, operating system, carrier, or network.

    If you visit, access, register with, subscribe to or use a Platform or the Services through a particular Device, then you hereby acknowledge and agree that information about your use of such Platform through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device's carrier or network) may be communicated to Us and/or certain third-parties (such as, by way of example only, your Device's carrier or network). ALL OR ANY PART OF THE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE'S CARRIER OR NETWORK, OR ANOTHER THIRD-PARTY, MAY APPLY TO YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO AND/OR USE OF A PLATFORM OR SERVICE. WE ARE NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES, AND TAXES WHICH MAY APPLY, IF ANY.

  1. Intellectual Property.

    A Platform and the Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Us. All such materials are made available by Us for your personal entertainment, information, education, and communication only. In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms. No rights or permissions granted to you under these Terms are coupled with an interest. Nothing contained in these Terms shall be construed as a waiver or limitation of Our or Our licensors' respective rights and remedies under applicable law. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to a Platform or the Services shall, as between you and Us, at all times be and remain Our sole and exclusive property.

    1. Copyright and Other Intellectual Property. Each Platform contains material which is derived, in whole or in part, from material supplied by Us or Our licensors, as well as other sources, and such material is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual laws. Each Platform is also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on a Platform and in a Service. You acknowledge that each Platform and Service has been developed, compiled, prepared, revised, selected, and arranged by or at the direction of Us through the application of methods and standards of judgment developed, and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property. You agree to not violate any such proprietary rights of Ours (and all others having any such rights) during and after the term of these Terms, and to comply with all reasonable written requests made by Us or Our content suppliers and licensors ("Suppliers"), to protect Our, their, and others' contractual, statutory, and common law rights in the materials appearing on a Platform and available through a Service.
    2. Trademarks and Service Marks. You may not use any of Our trademarks, trade names, service marks, logos or other identifying indicia in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used without Our consent and you acknowledge that you have no ownership rights in or to any such items. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying a Platform or the Services.
    3. Platform Materials. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from a Platform or accessible through the Services, including content, code, and software (collectively, "Platform Material") unless specifically granted written permission to do so by Us (including any permission included in these Terms). Platform Material may include inaccuracies or typographical errors. We have the right but not the obligation to make changes and updates to any Platform Material at any time and without prior notice.
    4. Permitted Downloads and Proprietary Notices. Where the function is available, you may download material displayed on a Platform or through the Services to any single Device only for your personal, noncommercial use, provided you also maintain all intellectual property, including copyright and other proprietary notices contained on or associated with the materials.
    5. Your Photos and Information. By uploading photographs (your "Photos"), you hereby grant Us a non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your Photos worldwide, in perpetuity or the maximum period permitted by applicable law, in any and all media, (i) to operate and improve a Platform and the Services, and (ii) to market, promote, and advertise a Platform, the Services or a product, and Us, in general. You agree that this license includes the right for Us to make your Photos available to other companies, organizations and individuals who have a business relationship with Us ("Partner") for syndication, broadcast, distribution and publication on other websites and services. Such additional uses by Us, and by the companies, organizations and individuals who partner with Us, will not require the payment of any money or other compensation to you. You acknowledge and agree that We may reformat, modify, or adapt your Photos in order to transmit, display or distribute it and/or as are necessary to conform and adapt to any requirements or limitations of any networks, devices, services, or media. You further grant Us the right to use, copy, distribute, post, publish and display your city, state, and other relevant information about you in connection with your Photos. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to your Photos, and that neither your Photos, nor Our use of your Photos (or any portion thereof) on or through a Platform or in connection with the rights granted will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation. You acknowledge and agree that you are solely responsible for your Photos, and for any consequences of the use of your Photos by Our third-party partners. You understand that your Photos may be syndicated, broadcast, distributed, or published by Our Partners and if you do not have the right to submit your Photos for such use, it may subject you to liability. We will not be responsible or liable for any use of your Photos by Us or any third party in accordance with the Terms.
    6. Infringement. If you believe in good faith that your work is available on a Platform or through the Services in a way that constitutes copyright infringement, please provide Our designated DMCA agent with the following information in writing:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
      3. Identification of the allegedly infringing material and information reasonably sufficient to permit Us to locate the material;
      4. Your name, address, telephone number, and email address, so that We may contact you if necessary;
      5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Please send any notice of claims of copyright to:

    Legal Department
    1000 Chopper Circle
    Denver, CO 80204
    legalnotices@teamkse.com

  1. Rights, Permissions, and Consents.
    1. License of a Platform. Subject to these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages and tabs of a Platform, and to view the information and content found thereon, in each instance for your personal, non-commercial use only. Your unauthorized use of a Platform or Service or any breach by you of these Terms, automatically terminates all licenses granted to you in these Terms.
    2. License of the Services. Subject to compliance with these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and use the Services for your personal, non-commercial use only. For the avoidance of doubt, the foregoing license does not grant you any right to reproduce (other than downloads We expressly permit, if any), publicly perform, publicly display, publish, distribute, transmit or create derivatives of any Service or any element or derivative thereof (including, without limitation, any content, information, source codes, object codes, data or documentation found thereon or therein, in whole or in part), and you are prohibited from engaging in any such activities.
    3. We may, from time-to-time, conduct certain audit, repair, modification or testing activities in relation to a Platform or Service for purposes of developing, operating, improving, researching, troubleshooting, repairing, updating, or modifying the same. We reserve the right, but not the obligation, to perform such activities without notice to you, and to exclude you from those activities without notice to you.
    4. Permission to Link to Platform. You are permitted to link to a Platform subject to strict compliance with the following terms:
      1. No link to any Platform may be "framed" if the "frame" contains any advertising or other commercial text or graphics.
      2. Any online cable, wireless, or other Internet website, service or browser (other than as described in the next bullet-point below) that promotes any product (for example, automobile or soft drink), or brand (for example, Toyota or Pepsi), or service (for example, money transfer services), or public or nonprofit institution (for example, State of Colorado or Special Olympics) may not link to a Platform without Our prior written permission, even though the page/area where the link originates does not promote a product, brand, service or institution.
      3. Except as prohibited above, any online cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to a Platform without additional permission from Us if: (i) it is an online cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any online cable, wireless or other Internet website, service, or browser that does not contain any content or service) that, in Our sole determination, is distasteful, offensive or may reflect adversely upon Our reputation and goodwill; (ii) the link is a plain text link and does not include any mark or logo directly associated with Us; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.

      LINKS TO A PLATFORM AND THE EXISTENCE OF SUCH LINKS, DO NOT CONSTITUTE AN ENDORSEMENT BY US OF THE LINKED SERVICES OR THE CONTENT THEREOF.

    5. Reservation of Rights. Nothing in these Terms shall restrict or limit Our rights, title, or interest in or to any of a Platform, the Services, the User Content or any elements or derivatives of the foregoing.

  1. Feedback.

    We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to a Platform or the Services ("Feedback"). You may submit Feedback regarding any Retail Services by e-mailing Us, at altitudeauthentics@legends.net. You may submit Feedback regarding any Digital Services by emailing Us at customerservice@altitudeplus.com or by visiting https://www.myoutdoortv.com/support. You acknowledge and agree that all Feedback you give Us (i) will be treated as non-confidential, and (ii) will be Our sole and exclusive property. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Us or Our affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Us all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

    You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Our rights in such improvements, enhancements, and modifications.

  1. Suspension or Termination of a Platform or the Services.

    We have the right, but not the obligation, to temporarily or permanently suspend or terminate the function or existence of all or any part of a Platform or the Services, at any time, and without notice or recourse, in Our sole discretion.

  1. Consent to Receive Electronic Communications; Opt-Out.
    1. Express Consent. BY USING, TAKING PART IN, OR OPTING IN TO ONE OR MORE MESSAGING CAMPAIGNS (INCLUDING, WITHOUT LIMITATION, ADVERTISING, TELEMARKETING, OR OTHER COMMERCIAL E-MAILS AND TEXT MESSAGES, INFORMATIONAL E-MAILS OR TEXT MESSAGES, PUSH NOTIFICATIONS AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS), YOU EXPRESSLY CONSENT TO RECEIVE MARKETING AND/OR INFORMATIONAL MESSAGES FROM US WHETHER THROUGH A PLATFORM, A SERVICE, OR BY PERSONAL COMMUNICATION, E-MAIL, TEXT MESSAGE, AUTOMATIC TELEPHONE DIALING SYSTEM, OR ARTIFICIAL OR PRERECORDED VOICE, ONLINE SOCIAL MEDIA OR ANY OTHER ELECTRONIC MEDIA MEANS OR FORMS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES, AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION OF PURCHASE OR LICENSE OF ANY OTHER PRODUCTS OR SERVICES WE OFFER.
    2. Opt-Ins. To opt in to a messaging campaign, please follow the instructions provided by the specific campaign in which you wish to enroll, such as through online or application-based enrollment forms or by texting a keyword to the five-digit short code associated with the program (the "Short Code"), and completing the sign-up instructions found in the text message received. Upon your request to sign-up to a recurring campaign, you will receive two (2) text messages as part of the process confirming your desire to opt-into the campaign (first an opt-in request message, and once you have replied "Y" you will receive a sign-up confirmation message).
    3. Opt-Out. You may opt-out of receiving any electronic messages from Us any time by any reasonable means provided by Us, such as by way of example, by clicking the "opt-out" link that appears at the bottom of, or otherwise within, an electronic communication or text message sent by Us, or by sending an e-mail to privacy@teamkse.com, with a subject line of "Opt-Out of Electronic Communications." You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of a Platform or Service, or both and/or your ability to receive certain messages and/or notifications from Us.

  1. Links to Other Sites, Apps, Networks, Platforms and Servers; Third-Party Services.

    A Platform or Service, and/or any communications sent by Us on, through or as a function thereof, may contain links to third-party websites, networks, platforms, servers, and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications, may contain links to a Platform or Service (collectively, "Linked Technologies"). The Linked Technologies are not under Our control. Each Platform or Service, and any such communications containing the outgoing links, is provided merely as a convenience to you. YOU SHOULD REVIEW ANY APPLICABLE PRIVACY POLICIES AND TERMS OF USE/SERVICE PUBLISHED THROUGH THE LINKED TECHNOLOGIES.

    We may incorporate third-party services, software, technology, data, or other content, either independently or in connection with various programs, features, or functions available through a Platform or Service ("Third-Party Materials"). Your use of Third-Party Materials may be subject to terms of use license agreements, and privacy policies other than those incorporated into this Agreement and as may be set forth by third-party providers, as applicable ("Third-Party Terms"). You are solely responsible for reviewing and complying with all applicable Third-Party Terms. We do not control, endorse, or assume any responsibility for the Third-Party Materials and We reserve the right, at any time and without notice or liability to you, to disable, remove, or restrict access to any Third-Party Materials. You agree that We assume no liability with respect to your use of such Third-Party Materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by Us. The provider of any such materials or services, or both, is a "Third-Party Provider" which term is considered to include all Platform Provider Parties.

  1. User Representations, Warranties, and Covenants.

    In addition to any other representation, warranty, promise, agreement or covenant you make to Us elsewhere in these Terms, you further represent, warrant, promise, agree and covenant to Us that:

    1. you are a natural person and the age of majority in your jurisdiction (or under the age of majority but over the age of 13 and using a Platform and the Services with the consent and under the supervision of your parent or legal guardian);
    2. you have read and understand these Terms in their entirety;
    3. you have the full right, authority, and capacity to enter into and abide by the terms and conditions of these Terms;
    4. you understand and acknowledge that by accepting these Terms you are giving up certain legal rights and remedies;
    5. you voluntarily accept and agree to, and will fully comply with, the terms and conditions of these Terms;
    6. you will not violate any applicable international, federal, state, or local laws which may concern a Platform, their servers, the Services, or any information, communications or content found on or through them;
    7. We are not required to seek the permission of or compensate any third-party(s) to exercise any of the rights granted by you under these Terms;
    8. no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; and
    9. all information you provide to Us in connection with your access or use of a Platform and/or Services is truthful and accurate.

  1. Disclaimers.

    THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION 20 ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.

    1. General Disclaimer. YOUR VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF A PLATFORM AND ANY PRODUCT OR SERVICE MADE AVAILABLE TO YOU ON, THROUGH OR IN RELATION TO A PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY WAY IS DONE AT YOUR OWN RISK. A PLATFORM, PRODUCTS AND SERVICES WE OFFER, THE SUCCESS OR PERFORMANCE OF A PLATFORM OR SERVICE, OR BOTH, AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO A PLATFORM OR SERVICE IS PROVIDED TO YOU ON AN "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.

      WE DO NOT MAKE, NOR HAVE WE MADE, ANY REPRESENTATIONS, PROMISES OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN, OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO ANY PLATFORM OR SERVICE, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, AVAILABILITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY.

      TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO EACH PLATFORM AND SERVICE, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, AVAILABILITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY AND SAFETY.

      WE DO NOT MAKE, NOR HAVE WE MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO ANY PLATFORM OR SERVICE, ANY SUCH INFORMATION, COMMUNICATION, CONTENT OR FEATURE OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, AVAILABILITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THESE TERMS OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.

    2. Disclaimer About Products and Services. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS AND PRICES OF ANY PRODUCT OR SERVICE OFFERED ON, THROUGH OR IN RELATION TO A PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE TO YOU. CERTAIN WEIGHTS, MEASURES AND OTHER DESCRIPTIONS ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE PURPOSES ONLY.

      THE INCLUSION OF ANY PRODUCT OR SERVICE ON, THROUGH OR IN RELATION TO A PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES) DOES NOT IMPLY OR WARRANT THAT THEY ARE OR WILL BE AVAILABLE.

      IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS (INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE RECEIPT, POSSESSION, USE AND SALE OF ANY PRODUCT OR SERVICE ORDERED OR PURCHASED ON, THROUGH OR IN RELATION TO A PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES).

      WE RESERVE THE RIGHT, WITH OR WITHOUT PRIOR NOTICE TO YOU, TO (I) LIMIT THE AVAILABLE QUANTITY OF OR DISCONTINUE ANY SUCH PRODUCT OR SERVICE; (II) IMPOSE CONDITIONS ON THE HONORING OF ANY COUPON, COUPON CODE, PROMOTIONAL CODE OR OTHER SIMILAR PROMOTION; (III) BAR YOU FROM MAKING OR COMPLETING ANY TRANSACTIONS ON, THROUGH OR IN RELATION TO ANY PLATFORM; AND/OR (IV) REFUSE TO PROVIDE YOU WITH ANY SUCH PRODUCT OR SERVICE.

    3. Disclaimer About Linked Technologies. WE ARE NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON, THROUGH OR EXCLUDED FROM THE LINKED TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, MALICIOUS SOFTWARE, SPYWARE PROGRAMS, INACCURATE INFORMATION, AND ILLEGAL CONTENT).

      WE DO NOT MAKE, NOR HAVE WE MADE, ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR OTHERWISE) CONCERNING THE TERMS OF USE/SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, REPRESENTATIONS, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON, THROUGH OR EXCLUDED FROM THE LINKED TECHNOLOGY; NOR SHALL THE FACT THAT ANY PLATFORM MAY LINK TO OR FROM ANY LINKED TECHNOLOGY CONSTITUTE AN AFFILIATION WITH, ASSOCIATION WITH OR ENDORSEMENT OF SUCH LINKED TECHNOLOGY OR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES OR OTHER ITEMS WHICH MAY BE FOUND ON, THROUGH OR EXCLUDED FROM SUCH LINKED TECHNOLOGY. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGY, THEN YOU DO SO AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE OFFERED BY THE OWNER OR OPERATOR OF THE LINKED TECHNOLOGIES AS A CONDITION OF USE.

    4. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT EACH PLATFORM AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF OUR CONTROL. ACCORDINGLY, WE SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH A PLATFORM OR THE SERVICES WHICH RESULTS FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH A PLATFORM OR THE SERVICES WHICH ARE OUTSIDE OF OUR CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
    5. Disclaimer About Certain Information, Communications and Content. ANY OPINIONS, ADVICE, REVIEWS, STATEMENTS, OFFERS OR OTHER INFORMATION, COMMUNICATIONS OR CONTENT FOUND ON, THROUGH OR IN RELATION TO US, A PLATFORM, ANY OF THE SERVICES OR ANY THIRD-PARTY PROVIDERS (INCLUDING, WITHOUT LIMITATION, ONLINE FORUMS, OTHER WEBSITES, ADVERTISEMENTS, AND SOCIAL MEDIA PAGES) ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND NOT NECESSARILY OURS; THEY SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION, COMMUNICATIONS OR CONTENT. WE DO NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT, EVEN IF WE ARE THE AUTHOR. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.

  1. Limitation of Liability and Exclusive Remedy.

    In consideration for the privilege to use a Platform or the Services, you agree to the following limitations of liability and available remedies:

    TO THE MAXIMUM EXTENT PROVIDED BY LAW, IN NO EVENT, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE OR CONCURRENT) OF SUCH INDIVIDUAL OR ENTITY, SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, GENERAL OR LIMITED PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, ADVERTISERS, SUPPLIERS, LICENSEES, AND THIRD-PARTY PROVIDERS, AND ANY PLATFORM PROVIDER PARTIES OR SERVICE BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY CONSEQUENTIAL, SPECULATIVE, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS), CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR USE OF A PLATFORM OR SERVICE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITATION:

    1. YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF ANY PLATFORM, OR THE SERVICES, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE A PLATFORM OR THE SERVICES, OR OUR BREACH OF THESE TERMS;
    2. ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH OR IN RELATION TO A PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES);
    3. ANY SUSPENSION, TERMINATION OR OTHER CHANGE OR MODIFICATION TO A PLATFORM;
    4. ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD-PARTY ON, THROUGH OR IN RELATION TO ANY PLATFORM;
    5. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION;
    6. OUR USE OF ANY USER CONTENT;
    7. ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S);
    8. ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), OR NETWORK(S);
    9. THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO A PLATFORM OR ANY PRODUCT OR SERVICE OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO A PLATFORM; OR
    10. ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS.

    IF YOU ARE DISSATISFIED WITH A PLATFORM OR THE SERVICES, OR ANY PRODUCT OFFERED, SOLD, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO A PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE APPLICABLE PLATFORM, OR BOTH.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR GROSS NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

    1. No Injunctive Relief. EXCEPT AS PROVIDED BELOW, YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST US, A PLATFORM AND/OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON, THROUGH OR IN RELATION TO A PLATFORM (INCLUDING, WITHOUT LIMITATION, THE SERVICES AND ANY USER CONTENT). FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THESE TERMS). NOTWITHSTANDING THE FOREGOING, THIS WAIVER OF INJUNCTIVE RELIEF SHALL NOT APPLY TO CLAIMS FOR PUBLIC INJUNCTIVE RELIEF BROUGHT UNDER CALIFORNIA LAW OR THE LAWS OF ANY OTHER JURISDICTION WHERE SUCH WAIVER IS PROHIBITED OR UNENFORCEABLE. ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE RESOLVED IN A COURT OF COMPETENT JURISDICTION FOLLOWING RESOLUTION OF ALL OTHER CLAIMS IN ARBITRATION.
    2. Additional Limits on Liability. SUBJECT TO APPLICABLE LAW ANY CLAIM AGAINST US AND/OR ANY OF THE OTHER PLATFORM PROVIDER PARTIES (AND ANY RESULTING AWARD) SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF A PLATFORM OR SERVICE GIVING RISE TO YOUR ACTION. YOU AGREE TO GIVE US WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST US WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT OR FACT GIVING RISE TO THE CLAIM EXCEPT WHERE A SHORTER OR LONGER LIMITATIONS PERIOD IS REQUIRED BY APPLICABLE LAW THAT CANNOT BE SHORTENED BY CONTRACT.

  1. Indemnification.

    To the fullest extent permitted by law, you hereby agree to indemnify, release, defend and hold harmless Us and each of the other Platform Provider Parties from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including costs and reasonable outside attorneys' fees, incurred by such indemnitee(s), or asserted against such indemnitee(s) by third-parties, arising out of or relating to or in any way connected with (a) your acts, errors or omissions, (b) your access to or use of any Platform or product, or Service made available on, through or in relation to a Platform (including, without limitation, any Service) in any manner contrary to these Terms, (c) User Content, (d) your violation of the rights of or other injury to any third-party, and/or (e) your breach of all or any part of these Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations, and (f) your gross negligence or willful misconduct. You agree that, at Our option, you will conduct the defense of any such claim or action; provided that, notwithstanding Our election that you conduct the defense, (i) We may nevertheless participate in such defense or settlement negotiations and pay Our own costs associated with the defense or settlement, and (ii) you will not enter into any settlement or other compromise without Our prior written approval (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

  1. Term; Termination; Survival.

    These Terms shall continue and remain in effect until terminated in accordance with these Terms. We may terminate these Terms at any time, for any or no reason, and without notice to you (including, without limitation, if We believe that you have violated or acted inconsistently with any term or condition of these Terms). If these Terms are terminated for any reason, then all rights granted to you under these Terms shall automatically revert back to Us, and the following shall survive in perpetuity: (a) all defined terms under these Terms; (b) all rights and privileges under these Terms which were granted to and/or accrued in favor of Us and/or any of Our officers, directors, members, managers, owners, general and limited partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, Suppliers or licensees as of the effective termination date of these Terms (including specifically but without limitation all rights related to User Content); (c) all disclaimers, limitations of liability and limitations of remedies; (d) all terms governing resolution of Disputes (defined in Section 24); and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under these Terms.

  1. Dispute Resolution and Binding Arbitration.

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.

    For purposes of Sections 24-29, "Us," "Our," and "We" shall also include each Platform Provider Parties. Notwithstanding any other provision in these Terms, you and We agree and acknowledge that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act will govern their interpretation and enforcement and any proceedings relating to such interpretation or enforcement.

    1. Definition of Dispute. "Dispute" is defined as any dispute, claim, or controversy arising out of or relating to, or your use of, a Platform, a Service, these Terms, the Privacy Policy, other applicable terms or policies maintained by Us, or your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall be interpreted broadly. Dispute shall also include any dispute, claim, or controversy that arose before you assented to these Terms or after termination. Notwithstanding the foregoing, Dispute shall not include disputes, claims, or controversies concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Services. You or We may seek interim or preliminary relief from a court of competent jurisdiction as needed to protect the status quo pending completion of arbitration.
    2. Mandatory Informal Pre-Dispute Resolution Process. Before initiating an arbitration proceeding, you or We must give the other party notice of the Dispute by providing a written "Notice of Dispute" that is personally signed by you (if you are initiating the Notice of Dispute) or Our representative (if We are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address), and account information if applicable; (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it.

      You must send any such Notice of Dispute to Us by email to legalnotices@teamkse.com. We must send any such Notice of Dispute to you at the email address We have on file for you. You and We agree to attempt to resolve the Dispute through informal, good-faith negotiations for a sixty (60) day period from the date that a completed Notice of Dispute is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and We agree to participate in an effort to resolve the Dispute. Should We make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, We agree to have a representative attend this conference (with counsel, if We are represented).

      Compliance with this "Mandatory Informal Pre-Dispute Resolution Process" is a condition precedent to initiating arbitration. Neither you nor We may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Dispute or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any arbitration proceeding shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees. Notwithstanding the foregoing, either party may elect to raise non-compliance with this Mandatory Informal Pre-Dispute Resolution Process and seek relief in arbitration.

      ANY APPLICABLE LIMITATIONS PERIOD (INCLUDING THE STATUTE OF LIMITATIONS) AND ANY FILING FEE DEADLINES SHALL BE TOLLED WHILE YOU AND WE ENGAGE IN THIS MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS IN AN EFFORT TO RESOLVE THE DISPUTE.

    3. Small Claims Court. Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
    4. Arbitration Procedures. Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Informal Pre-Dispute Resolution Process or small claims court shall be resolved by binding arbitration to be held in the county or parish in which you reside.

      The arbitration shall be administered by Judicial Arbiter Group, Inc. or its successor ("JAG") and heard by a single, neutral arbitrator. The JAG shall administer the arbitration in accordance with the JAG's applicable rules including any applicable consumer arbitration rules and supplementary rules ("JAG Rules"), as modified by these Terms. If the JAG is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall mutually agree on an alternative arbitration provider, such as the American Arbitration Association ("AAA") or JAMS, that will administer the arbitration under its consumer arbitration rules. If the parties cannot agree on an alternative provider within thirty (30) days, either party may petition a court of competent jurisdiction to appoint an arbitration provider that will administer the arbitration consistent with these Terms and applicable consumer protection standards.

      The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the JAG Rules and these arbitration provisions. If you are initiating arbitration, you shall serve the demand on Us by email to legalnotices@teamkse.com. If We are initiating arbitration, We shall serve the demand at the email address that We have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Mandatory Informal Pre-Dispute Resolution Process (and they shall attach the Notice of Dispute) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

      The JAG Rules shall govern the payment of all arbitration fees. You and We agree that arbitration is designed to be cost-effective for all parties. If a filing or other fee to initiate arbitration before JAG is required, either party may engage with JAG to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court in these Terms and (2) issues related to the scope and enforceability of the arbitration provisions.

      The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable 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 must follow these Terms and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and We otherwise agree, one person's claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and We agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief.

      The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.

      Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and Our representative shall personally appear at any hearing ordered by the arbitrator (along with your and Our counsel, if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not subject to small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held and you and Our representative shall personally appear (along with your and Our counsel, if represented). The parties can agree to waive a hearing.

    5. Additional Procedures for Multiple Case Filings. The following provisions set forth additional procedures that apply to multiple case filings. If fifty (50) or more similar claims are asserted against Us by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them), you understand and agree that these additional procedures shall apply, and the resolution of your Dispute might be delayed. Except as provided for below, no arbitrator or arbitration provider shall have any authority to hear, arbitrate or administer any class, coordinated, collective, consolidated, private attorney general, or representative action, or to award relief to anyone but the individual in arbitration.
      1. Stage One: Counsel for the claimants and counsel for Us shall each select fifty (50) claims per side to be filed and to proceed in individual arbitrations as part of an initial staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge and We shall pay the mediator's fee.
      2. Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Us shall each select seventy-five (75) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge, and We shall pay the mediator's fee.

      Each case within any given stage shall be assigned to a different, single arbitrator, unless the parties otherwise agree in writing. If your claim is not resolved as part of the staged process set forth above, either:

      1. Option One: You and We may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to Us by email at legalnotices@teamkse.com within thirty (30) days after the conclusion of Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of Our intention to opt you out to your counsel within fourteen (14) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.

        OR

      2. Option Two: If neither you nor We elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved through continued staged proceedings as set forth below. Assuming the number of remaining claims exceeds two hundred (200), then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Each of these 200 cases shall be assigned to a single, different arbitrator. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and the JAG to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

      ANY RELEVANT LIMITATIONS PERIOD AND FILING FEE OR OTHER DEADLINES SHALL BE TOLLED SUBJECT TO THESE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS FROM THE TIME THE FIRST CASES ARE SELECTED FOR A STAGED PROCESS UNTIL YOUR CLAIM IS SELECTED TO PROCEED AS PART OF A STAGED PROCESS OR IS SETTLED, WITHDRAWN, OTHERWISE RESOLVED, OR OPTED OUT OF ARBITRATION.

      A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Multiple Case Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment and collection of arbitration fees. If these Additional Procedures for Multiple Case Filings apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms.

    6. Opt Out of Future Changes. If We make any future change to the arbitration provisions in this Section 24 (other than a change to the notice address), you may reject any such change by sending Us a personally signed, written notice of your decision to opt out of those changes by email to legalnotices@teamkse.com within thirty (30) days of notice of the change and include your full name and your mailing address, telephone number, and email address, and a description of when and how you interacted with Us. Such opt out must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provisions. THIS IS NOT AN OPT OUT OF ARBITRATION ALTOGETHER.

  1. Class Action Waiver and Jury Trial Waiver.

    PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.

    You and We agree that, to the fullest extent permitted by applicable law and as otherwise expressly and only as provided for in Section 24, any and all Disputes between you and Us shall be resolved only in individual arbitration. Each of you and Us expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. This means that you and We may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. You and We also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this class action waiver does not prevent you or Us from participating in a classwide, collective, and/or representative settlement of claims.

    You and We further agree that if for any reason a claim does not proceed in arbitration, this class action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Us in a single proceeding, except that this class action waiver shall not prevent you or Us from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this class action waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction as provided for in these Terms; (ii) the portion of the class action waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from the arbitration agreement contained in these Terms; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the arbitration agreement contained in these Terms or the arbitrability of any remaining claims asserted by you or Us.

    To the fullest extent permitted by applicable law, you and We waive any right to a jury trial.

  1. Governing Law and Venue.

    All Disputes and the relationship between you and Us shall be governed, interpreted, construed, and enforced in accordance with the laws of Colorado in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

    Unless you and We agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts of the City and County of Denver, Colorado shall have exclusive jurisdiction over any Disputes between you and Us (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Terms (including the arbitration provisions and class action waiver). You and We consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.

  1. Notice.

    Unless otherwise expressly stated in these Terms, We may give or deliver all other notices to you by means of a general notice posted on this or another page of a Platform, as applicable and/or by email to the email address you provide to Us, and any notice provided to you shall be deemed effective as of its stated effective date.

  1. Relationship.

    In no event shall these Terms, the performance of your or Our rights or obligations under these Terms, or your visit to, access of, registration with, or use of any Platform or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you and Us.

  1. Separate Terms and Conditions.

    In connection with your access to or use of any Platform or the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before accessing or making any use of such Platform or portion thereof. Any supplemental terms will not vary or replace these Terms regarding any access to or use of a Platform or the Services, unless otherwise expressly stated, and in the event of a conflict between such special terms and these Terms, these Terms apply.

  1. International Users.

    Each Platform and the Services are operated out of the United States of America. We do not represent that content or material presented on any Website or through any Service is appropriate (or, in some cases, even available) for use in other locations. If you access any Platform from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with all applicable laws, if and to the extent local laws are applicable to your use of the Services.

  1. Miscellaneous.
    1. Excused Performance. We are hereby excused for any failure to perform under these Terms to the extent that Our performance is prevented by any reason outside of Our reasonable control or that may be characterized as a force majeure event.
    2. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms without Our prior written consent in each instance. We are free to assign or delegate all or some of Our rights accrued pursuant to, or obligations under, these Terms, to any third-party without your consent; provided, however, that if such assignment or transfer results in a material change to the services provided to you or affects your rights under these Terms, We will provide you with reasonable notice of the assignment in accordance with these Terms.
    3. Construction and Interpretation. These Terms shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect. In addition, anything written in the singular or plural shall be considered as appropriate for the applicable circumstance.
    4. Section headings are inserted in these Terms for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of these Terms.
    5. If any portion of these Terms is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.
    6. No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision or of any other rights or provisions under these Terms.
    7. Entire Agreement. These Terms, together with those additional terms, conditions, and policies referenced herein and/or made available through the Terms by hyperlink (including Our Privacy Policy), constitutes the entire agreement and understanding between you and Us with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between you and Us with respect to such subject matter; and shall inure to the benefit of and be binding upon you and Us and each of Our respective successors and assigns.

  1. Platform Downloaded through the Apple App Store; Apple Not a Party.

    If you have downloaded a Platform from the Apple Inc. ("Apple") app store ("Apple App Store"), you acknowledge that these Terms are an agreement between you and Us and not with Apple and that Apple has no responsibility for any Platform or Services. As between Us and Apple, We (not Apple) are solely responsible for each Platform. Any Platform obtained through the Apple App Store must be used only in compliance with the terms of service of the Apple App Store ("Apple Media Services Terms and Conditions") and on an iOS device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Services may also be accessed, acquired and used by other accounts associated with you or your family via Apple's family-sharing functionality or volume purchasing. You acknowledge and agree that Apple is not responsible for (i) providing any maintenance or support services with respect to any Platform or the Services, and that, as between Us and Apple, We and Our partners (and not Apple) are responsible for providing such maintenance and support services; or (ii) any claims related to any Platform or the Services or your possession and/or use thereof (including but not limited to product liability claims, infringement claims, claims that a Platform or the Services fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation), and that, as between Us and Apple, We and Our partners (and not Apple) are responsible for the investigation, defense, settlement, and discharge of any such claims. In the event of any failure of a Platform or the Services purchased through the Apple App Store to conform to any applicable warranty, you may notify Apple and Apple will refund you any applicable purchase price paid by you for that Platform. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to any Platform or the Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, as between Apple and Us, will be Our sole responsibility and governed by these Terms. You acknowledge that you must comply with any applicable third-party terms of use when you are using any Platform and the Services. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary thereof.

  1. Notice for California Consumers.

    Under California Civil Code Section 1789.3, California Users of any Platform or Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Software/Compliance with Applicable Laws/Regulations.

    You agree to comply with all applicable laws, rules, and regulations in connection with your access to and use of any Platform and the Services. By using any Platform or the Services, you represent and warrant that you will not use the same for any purpose that is either unlawful or prohibited by these Terms. You further represent and warrant that you are not (i) identified in the U.S. Treasury Department's Office of Foreign Assets Control's ("OFAC") list of Specially Designated Nationals (ii) accessing any Platform or the Services from a jurisdiction subject to an OFAC embargo or sanctions program, or (iii) using a Platform or the Services in any way that would cause Us or you to be in violation of a U.S. sanctions program, embargo, trade restriction, or anti-terrorism law. We reserve the right to disclose any information about you or your use of the Services in connection with any investigation by Us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process, or governmental request in accordance with the Privacy Policy.

  1. Contact Us.

    Please direct any questions you may have about any Platform, the Services, or these Terms to webmaster@teamkse.com or 1-833-453-2794. The foregoing contact information may change from time-to-time, and with notice to you, as provided for in these Terms.

ADDENDUM A
SUBSCRIPTION TERMS AND CONDITIONS

  1. Altitude+ Subscriptions and Payments.
    1. Subscriptions. To access Altitude+, you must (a) create and maintain an active Altitude+ account ("Altitude+ Account") in good standing, and (b) subscribe to Altitude+ on a month-to-month basis or an annual basis (the "Altitude+ Subscription").
    2. Subscription Periods. For monthly subscriptions, your subscription period begins on the calendar date you subscribe to Altitude+ and ends on the day before the same calendar date of the following month at 11:59 p.m. (local time). For example, if you subscribe on November 3, your monthly subscription period would end on December 2 at 11:59 p.m. (local time). For annual subscriptions, your subscription period begins on the calendar date you subscribe to Altitude+ and ends on the same calendar date in the following year.
    3. Subscription Fee; Automatic Renewal. By signing up for an Altitude+ Subscription with your credit card or other payment information, you agree that: (a) We will charge you a recurring monthly or annual subscription fee, plus applicable taxes and surcharges, in exchange for your right to access and use Altitude+, in accordance with these Terms (the "Subscription Fee(s)"); (b) you will be charged for your first Subscription Fee on the date that you purchase your Altitude+ Subscription (with the exception of any free trial period); (c) you authorize Us and Our service providers to store your payment information for the purpose of completing future autorenewal transactions; and (d) at the start of each subscription period (monthly or annual), We will charge the Subscription Fee to your credit card or debit card on file with Us, as identified in your Altitude+ Account. The payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s), and accessible through the Services. You will receive a receipt through your Altitude+ Account for each charge. For annual subscriptions, We will send you a reminder notice at least thirty (30) days before your subscription renews, informing you of the upcoming renewal and the applicable Subscription Fee.
    4. Cancellation. You may cancel your Altitude+ Subscription at any time through the cancellation feature of your Altitude+ Account. The cancellation process is designed to be simple and straightforward, requiring no more steps than were required to subscribe. If you subscribed online, you may cancel online; if you subscribed through a mobile app, you may cancel through the same app. You will not be required to speak with a retention agent, navigate unreasonable barriers, or take any other steps beyond what is necessary to complete the cancellation. If you do not cancel your Altitude+ Subscription before the end of the then-existing subscription period, then We will bill you for, and you must pay for, the subsequent subscription period. If you cancel your Altitude+ Subscription prior to the end of the then-existing subscription period, then your right to access and use Altitude+ may continue through the end of the then-existing subscription period. UNLESS YOU AFFIRMATIVELY CANCEL YOUR ALTITUDE+ SUBSCRIPTION BEFORE THE FIRST DAY OF THE FOLLOWING SUBSCRIPTION PERIOD, YOU MUST PAY FOR THE FOLLOWING SUBSCRIPTION PERIOD. FOR EXAMPLE, IF YOU CANCEL:
      1. A MONTHLY ALTITUDE+ SUBSCRIPTION WITH A SUBSCRIPTION PERIOD THAT ENDS ON MAY 31 ON JUNE 1 AT 12:00 AM OR LATER, YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL JULY 1;

        OR

      2. A YEARLY ALTITUDE+ SUBSCRIPTION WITH A SUBSCRIPTION PERIOD THAT ENDS ON MAY 31 ON JUNE 1 AT 12:00 AM OR LATER, YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL JUNE 1 OF THE FOLLOWING YEAR.

      DELETING YOUR ACCOUNT OR DELETING THE PLATFORM FROM YOUR DEVICE DOES NOT CANCEL YOUR ALTITUDE+ SUBSCRIPTION.

    5. Pricing Changes. The amount of each Subscription Fee will be set by Us in Our sole discretion. Information about Our current Subscription Fees is available HERE. By accepting these Terms, you understand and acknowledge that We reserve the right, but not the obligation, to increase Subscription Fees at any time and as We see fit in Our sole discretion. If the Subscription Fee for your existing subscription is increased, We will provide you with advance notice of the change in accordance with applicable law. If you do not wish to accept the increased Subscription Fee, you may cancel your subscription prior to the effective date of the change.
    6. Free Trials. We reserve the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s) for accessing and using Altitude+. We will not charge you a Subscription Fee for any such promotional free trial period. IMPORTANT: UPON THE EXPIRATION OF ANY FREE TRIAL PERIOD, YOUR ALTITUDE+ SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID, RECURRING SUBSCRIPTION AT THE THEN-CURRENT MONTHLY OR ANNUAL SUBSCRIPTION FEE, AS APPLICABLE, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR DESIGNATED PAYMENT METHOD. WE WILL SEND YOU A REMINDER AT LEAST SEVEN (7) DAYS BEFORE YOUR FREE TRIAL EXPIRES TO NOTIFY YOU OF THE UPCOMING CHARGE. IF YOU DO NOT WISH TO BE CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE FREE TRIAL PERIOD ENDS.
  1. MOTV Subscriptions and Payments.
    1. Subscriptions. To access the Digital Service currently known as MyOutdoorTV, you must (a) create and maintain an active MyOutdoorTV account ("Subscription Account") in good standing, and (b) subscribe to MyOutdoorTV on a month-to-month basis or an annual basis (the "MyOutdoorTV Subscription").
    2. Subscription Periods. For monthly subscriptions, your subscription period begins on the calendar date you subscribe to MyOutdoorTV and ends on the day before the same calendar date of the following month at 11:59 p.m. (local time). For example, if you subscribe on November 3, your monthly subscription period would end on December 2 at 11:59 p.m. (local time). For annual subscriptions, your subscription period begins on the calendar date you subscribe to MyOutdoorTV and ends on the same calendar date in the following year.
    3. Subscription Fee; Automatic Renewal. By signing up for an MyOutdoorTV Subscription with your credit card or other payment information, you agree that: (a) We will charge you a recurring monthly or annual subscription fee, plus applicable taxes and surcharges, in exchange for your right to access and use MyOutdoorTV in accordance with these Terms (the "Subscription Fee(s)"); (b) you will be charged for your first Subscription Fee on the date that you purchase your MyOutdoorTV Subscription (with the exception of any free trial period); (c) You authorize Us and our service providers to store your payment information for the purpose of completing future autorenewal transactions; and (d) at the start of each subscription period (monthly or annual), We will charge the Subscription Fee to your credit card or debit card on file with Us, as identified in your MyOutdoorTV Account. The payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s), and accessible through the Services.
    4. Cancellation. You may cancel your MyOutdoorTV Subscription at any time through the cancellation feature of your Subscription Account. If you do not cancel your MyOutdoorTV Subscription before the end of the then-existing subscription period, then We will bill you for, and you must pay for, the subsequent subscription period. If you cancel your MyOutdoorTV Subscription prior to the end of the then-existing subscription period, then your right to access and use MyOutdoorTV may continue through the end of the then-existing subscription period. UNLESS YOU AFFIRMATIVELY CANCEL YOUR MYOUTDOORTV SUBSCRIPTION BEFORE THE FIRST DAY OF THE FOLLOWING SUBSCRIPTION PERIOD, YOU MUST PAY FOR THE FOLLOWING SUBSCRIPTION PERIOD. FOR EXAMPLE, IF YOU CANCEL:
      1. Monthly Subs - A MONTHLY MYOUTDOORTV SUBSCRIPTION WITH A SUBSCRIPTION PERIOD THAT ENDS ON MAY 31 ON JUNE 1 AT 12:00 AM OR LATER, YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL JULY 1; or
      2. Annual Subs - A YEARLY MYOUTDOORTV SUBSCRIPTION WITH A SUBSCRIPTION PERIOD THAT ENDS ON MAY 31 ON JUNE 1 AT 12:00 AM OR LATER, YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL JUNE 1 OF THE FOLLOWING YEAR.

      DELETING YOUR ACCOUNT OR DELETING THE PLATFORM FROM YOUR DEVICE DOES NOT CANCEL YOUR MYOUTDOORTV SUBSCRIPTION.

    5. Pricing Changes. The amount of each Subscription Fee will be set by Us in Our sole discretion. Information about Our current Subscription Fees is available https://www.myoutdoortv.com. By accepting these Terms, you understand and acknowledge that We reserve the right, but not the obligation, to increase Subscription Fees at any time and as We see fit in Our sole discretion.

      If the Subscription Fee for your existing subscription is increased, we will provide you with advance notice of the change in accordance with applicable law. If you do not wish to accept the increased Subscription Fee, you may cancel your subscription prior to the effective date of the change.

    6. Free Trials. We reserve the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s) for accessing and using MyOutdoorTV . We will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, your MyOutdoorTV Subscription will automatically convert to a full-price, recurring subscription at the then-current monthly or annual Subscription Fee, as applicable. The applicable Subscription Fee will be charged to your designated payment method in accordance with these Terms.
  1. Print and Digital Publication Subscriptions- Bowhunter; Firearms News; Florida Sportsman; Fly Fisherman; Game & Fish; Gun Dog; Guns & Ammo; Handguns; In-Fisherman; North American Whitetail; Petersen's Hunting; Shooting Times; and Wildfowl (each a "Publication")
    1. To sign up for a Publication, you must sign up in accordance with the applicable Publication's website or in accordance any mail in subscription sign-up materials, as applicable. The print and digital magazine subscriptions are subject to the above terms under Section 1 (Altitude+ Subscriptions and Payments), except as expressly modified below.
    2. Print and Digital. Our Print + Digital subscription provides delivery of a printed format of the Publication on either monthly or bi-monthly schedule and includes full digital access receiving the corresponding digital issue (on our website) which may include access to back issue. It expressly understood that any Print issues may be discontinued in our sole discretion, without prior notice and such subscription will be to a Digital subscription only.
    3. DMCA and Repeat Infringer Policy. If you believe your copyrighted work has been used in the Publication in a way that constitutes infringement, please send a notice meeting the requirements of 17 U.S.C. § 512 to Our designated agent: legalnotices@teamkse.com. We will respond to valid notices and may remove or disable access to the material. If your content was removed and you believe it is not infringing, you may submit a counter‑notice under the DMCA. We may terminate accounts of repeat infringers in appropriate circumstances.
    4. You may cancel the Publication at any time through the cancellation feature on the applicable Publication's website or by the same method by which you subscribed either phone or by mail. Consistent with applicable law, you will be able to cancel your subscription using the same method you used to subscribe (for example, if you subscribed online, you may cancel online; if you subscribed by mail, you may cancel by mail; if you subscribed by phone, you may cancel by phone). We will not impose unreasonable barriers to cancellation.
    5. Shipping and Address Requirements. When you purchase a Print + Digital Subscription, you must provide a current postal mailing address for delivery. It is your responsibility to update your address in your account settings or by contacting Customer Service if you move or wish to change the delivery address. We are not responsible for missed deliveries due to an incorrect or outdated address.
    6. Delivery Liability. We will endeavor to deliver each issue on schedule; however, delivery times may vary based on postal services and your location. We are not liable for delays or failures in delivery due to circumstances outside our control (such as postal strikes or customs delays).