Terms and Conditions – HomeTeam Live
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Welcome to the digital properties of Home Team Live Technologies Inc. (“HTL”), which include the internet site located at hometeamlive.com (or any successor links), mobile enabled sites and applications (“Apps”) of HTL (collectively, “HTL Sites” or each a “HTL Site”). Unless a HTL Site or any HTL products or services, including iScore Sports and other tools available on an HTL Site (“Services”) have their own terms of use, you agree to be bound by these terms and conditions (“Terms”) and any other applicable policies or guidelines. If you do not agree to comply with these Terms, do not use the HTL Site or Services. In these Terms: (a) “residents of Québec” means residents of Québec to whom the Consumer Protection Act (Québec) applies in connection with the use of a HTL Site and the Services, (b) “residents of California” means residents of California to which California Civil Code § 1789.3 applies in connection with the use of a HTL Site and the Services, and (c) “residents of the United States” means residents of the United States to which any applicable United States state or federal law apply in connection with the use of a HTL Site and the Services.
UNLESS PROHIBITED BY LAW IN YOUR JURISDICTION (INCLUDING QUEBEC), BY AGREEING TO THESE TERMS, YOU AND HTL AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH HTL, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18(j).
HTL may indicate that additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental terms will control for that conflict.
HTL and its affiliates may modify these Terms at our discretion by notifying you of such changes by any reasonable means, including by posting the revised Terms through the HTL Site or Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. The “Last Updated” date above indicates when these Terms were last changed. If you do not agree to the amended Terms, you must immediately stop using our HTL Site and Services.
Some Services require registration or subscription. If you choose to register, you must provide accurate and current information and update it as needed.
You may only use your account personally. Unless a Service specifically permits it, HTL allows only one account per person. HTL may restrict or delete multiple accounts created by the same person.
You are responsible for preserving the confidentiality of your account password confidential. If you know or suspect unauthorized use of your account, you must notify us immediately and take reasonable steps to prevent recurrence.
You may be held responsible for losses or damages suffered by HTL or others due to unauthorized use of your account.
If you decide to delete your account, contact HTL at accounts@hometeamlive.com.
Some aspects of the HTL Sites or Services may not be available to you unless your device (computer, gaming console, tablet, mobile, or other “Digital Device”) and Internet connection meet our minimum technical requirements, which we may change from time to time at our discretion. You are responsible for keeping your Digital Device and Internet connection up to date, and for any data or roaming charges you incur when accessing the Services.
You may provide certain information to HTL in connection with your access or use of our HTL Site or Services, or we may otherwise collect certain information about you when you access or use our HTL Site or Services. You agree to receive emails, SMS or text messages, and other types of communication from HTL via the HTL Site or Services using the email address or other contact information you provide in connection with the HTL Site or Services. You represent and warrant that any information that you provide to HTL in connection with the HTL Site or Services is accurate.
We respect the privacy of users of the HTL Sites. Our collection, use, and disclosure of personal information is addressed in the HTL Privacy Policy.
The HTL Sites and all text, information, images, audio, video and other material posted on the HTL Sites (“Content”) is protected by copyright, trademark, and other intellectual property laws, and are owned or licensed by HTL, its affiliates, licensors, or related companies. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the HTL Sites and Services for your own personal, noncommercial use. Any use of the HTL Sites and Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
All Content remains the intellectual property of its owner(s). You must comply with all copyright notices, information, and restrictions displayed with any Content.
Except for the limited rights granted under these Terms, all right, title, interest and intellectual property rights in and to: (a) the Services, the HTL Sites, and each component of them; and (b) any Content available through them, remain the property of their respective owners. You do not acquire ownership rights in Content by accessing it.
These Terms do not grant you any licence or rights in trademarks or logos appearing on the HTL Sites. You may not use any trademark or service mark without the prior written consent of the rightful owner.
HTL may enforce its intellectual property rights to the fullest extent permitted by law, and other rights holders may also do so against you personally.
The Services and the Content are for your personal, non-commercial use, entertainment, and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish, or modify any of the Services or the Content without the prior written consent of the owner, unless an HTL Site specifically permits it. You are welcome to encourage others to visit the HTL Site directly to access the information.
We welcome links to the homepage of a HTL Site. You may only establish a hypertext link to the homepage of the HTL Site if: (a) the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by HTL, or create the false appearance that an entity is associated with or sponsored by us; and (b) the appearance, position, and other aspects of the link do not damage or dilute the goodwill of HTL or our trademarks. Framing or inline linking to a HTL Site, or any portion of it, is not permitted.
You acknowledge that, despite the prohibitions above, Content posted on HTL Sites by other users may contain inaccurate, inappropriate, offensive, or explicit material, products or services, and links to other sites. HTL does not control such Content and assumes no responsibility for it. Content you access, transmit, or download using the HTL Sites is at your own risk.
HTL is not responsible for, and cannot guarantee, the performance of products or services provided by advertisers or others to whose sites we link. Unless otherwise indicated, those sites are developed independently by third parties. A link to another site is not an endorsement of that site, or of any product, service, or material offered on it, by HTL or its licensors.
Any dealings you have with advertisers while using the Services are solely between you and the advertiser. HTL is not responsible or liable for any content or materials hosted or served from any site other than a HTL Site.
For any content that you upload or post to an HTL Site (your “Contributions”), you must be, or have obtained permission from, the rightful owner. You are solely responsible for your Contributions, which will be treated as non-confidential. Except as licensed herein, you retain copyright in your Contributions.
By submitting Contributions, you confirm you own them or have permission to share them. You hereby grant HTL a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable and transferable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate, create derivative works from, publicly perform and publicly display your Contributions, and to incorporate them into other works in any format or medium now known or later developed, without any further compensation to the author. You also waive any moral rights in such Contributions.
HTL has the right, but not the obligation, to monitor or investigate Contributions. HTL may access or preserve your Contributions to comply with legal process, operate the Service, ensure compliance with these Terms, or protect HTL, our customers, or the public.
We may, without notice or liability, move, remove, edit, delete or refuse to post any of your Contributions, in whole or in part, that we decide in our sole discretion are unacceptable or in violation of law or these Terms. HTL will not be liable to you for our deletion of any of your Contributions.
Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about HTL or the HTL Site or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, HTL Site, or Services, or to improve or develop new products, services, or the Services in HTL’s sole discretion. HTL will exclusively own all improvements to, or new, HTL products, the HTL Site, services, or Services based on any Feedback. You understand that HTL may treat Feedback as nonconfidential.
Certain Services are only available to users of an HTL Site who agree to pay for access to certain Content (“Subscription Content”). Subscription Content is licensed, not sold, to you. Unless otherwise indicated, all prices listed on an HTL Site for Subscription Content are in US dollars. Prices and availability are subject to change at any time.
You agree to pay for all Subscription Content subscribed through your account. Payment must be made using a valid, accepted payment method. If you provide a credit card for payment, you authorize us to charge you the amount representing the price of the Subscription Content you order (plus applicable taxes), either as a single payment or, if available, on a recurring basis as indicated when you subscribe.
If you have pre-authorized payments of Subscription Content on your credit card and your credit card information changes, you agree to promptly update your payment information to ensure processing, and acknowledge that you may lose access if you fail to do so.
If your Subscription Content includes a free trial, then you acknowledge that your credit card will be authorized for up to the amount representing the price of the Subscription Content during the free trial.
If you reside in Quebec: You will not be charged at the end of the free trial unless, at that time, you expressly agree to continue with a paid subscription. If you do not provide this express consent, the free trial will end automatically and no charges will be applied.
If you reside outside of Quebec: Unless you cancel before the end of the free trial, your subscription will automatically renew and your credit card will be charged the applicable subscription fee at the end of the trial period.
In the event of a credit card chargeback or if HTL is otherwise unable to charge your account as authorized by you, HTL may in its discretion (i) terminate your subscription, (ii) suspend your access to Subscription Content until the payment issue is resolved or, to the extent permitted under applicable law, (iii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. If the chargeback is invalid, access will be restored without refund for the suspension period.
Additional terms applicable to Subscription Content (“Subscription Terms”), including, without limitation, the length of the subscription period and any automatic renewals, will be presented to you prior to subscribing. Any Subscription Terms form part of this agreement.
Unless otherwise specified in the Subscription Terms, your access to Subscription Content renews automatically at the end of each subscription period. Unless you cancel in accordance with the next paragraph before the end of a subscription period, your subscription will renew automatically for another subscription period and you authorize us (without further notice) to charge the then-current renewal price (plus applicable taxes) to your credit card.
You may cancel your automatically renewing Subscription Content at any time by: (a) logging into your account and following the cancellation instructions; or (b) emailing support@hometeamlive.com with your account information. Cancellation is effective once you receive a confirmation from us, and you will continue to have access to your Subscription Content until the end of your final billing period.
HTL will provide advance written notice of any increase to subscription pricing. If you do not cancel before the price increase goes into effect, you agree to the new pricing.
Charges for Subscription Content are final. There are no refunds, exchanges, or credits, except as required by applicable law. To the maximum extent permitted by applicable law, this clause does not limit statutory rights of consumers (including rights in relation to automatic renewals or cancellation of distance or subscription contracts).
Your access to Subscription Content may be restricted to simultaneous access on one device at a time. HTL may force a log-off if your account is logged in on more devices than permitted. You are solely responsible for any fees, overages, penalties, or other costs charged by any third-party internet, cellular, or communications/data provider.
Your use of an HTL Site, the Service, the Content, and any of your Contributions to an HTL Site must comply with these Terms and all applicable laws. Without limitation, you may not use (or allow anyone else to use) our Services to:
You acknowledge and agree that you have been granted a licence and not a transfer of ownership in the Apps. You may not:
(a) rent, lease, sell, sublicense, assign, distribute, or otherwise transfer any portion of the Apps or use it for any purpose other than in association with the Services;
(b) reverse engineer, decompile, or disassemble any portion of the Apps, except and only to the extent that this limitation is expressly prohibited by applicable law;
(c) copy, modify, alter, or tamper with the Apps (including the removal of any copyright or other proprietary notices from the Apps) or create any derivative works of the Apps; or
(d) attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any Apps protection mechanisms.
HTL may, in its sole discretion:
(a) provide you with customer support or Apps upgrades, enhancements, or modifications (collectively, “Support“) and terminate Support at any time without notice;
(b) collect non-personal information regarding your Digital Device, hardware, and Apps during installation or use of the Apps;
(c) change, suspend, or discontinue any aspect of the Apps, including the availability of any feature, database, or content;
(d) impose limits on features and services or restrict your access to parts or all of the Apps or the Services without notice or liability;
(e) delete data from servers, block access, or change data categories for any reason in its sole discretion; and
(f) connect remotely to and run scripts on your Digital Device, with HTL and its agents having full access to your Digital Device as part of remote Support.
Nothing in these Terms obligates HTL or its licensors to provide new, enhanced, or additional Support.
You agree to cause all persons who use the Apps through your Digital Device to observe and comply with the Terms respecting that use. You further agree that you are solely responsible and liable for any and all breaches of the Terms, whether the breach is the result of use of the Software by you or by any other user of your Digital Device.
Users under 18 or 19 years, depending on the age of majority in the jurisdiction where the user lives, may only use our Services under the supervision of a parent or guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of majority in your jurisdiction of residence and you have authorized a minor to use a HTL Site or the Services, then you agree to be fully responsible for: (a) controlling the minor’s access to and use of that HTL Site or the Services; and (b) the consequences of any misuse by the minor. You acknowledge that some of the areas of a HTL Site and some of the Content may include material that is inappropriate for minors. If you are a parent or legal guardian and you believe that your child under the age of legal majority is using the HTL Sites or Services without your consent, please contact us at legal@hometeamlive.com.
HTL may at any time, without notice to you, restrict, block, suspend, or terminate any or all of your use of an HTL Site (or any portion of it), the Services, or your account if you fail to comply in full with any of these Terms or any other terms, agreements, or policies that apply to an HTL Site and its use. Any termination will not relieve you of any obligation to pay fees accrued before termination.
HTL may at any time, without notice or liability, refund, suspend, or discontinue some or all of the Services (or any portion of them). If you subscribe to any Subscription Content, HTL may discontinue that Subscription Content only upon no less than 30 days’ advance written notice (60 days if you are a resident of Québec).
Your right or license to use Software will terminate automatically if the Services with which the Software is used are terminated or expire. Upon termination of your right to use Software for any reason, you must delete the Software.
Subject to limited exceptions, such as if HTL discontinues a particular Subscription Service, payments for access to Subscription Content are non-refundable, and no refunds or credits will be provided for unused subscription periods, except where required by applicable law.
If you are accessing the HTL Site or Services from inside the United States, this Section 14 applies to you.
Our Policy
We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.
Reporting Claims of Copyright Infringement
If you believe that any content on the HTL Site or Services infringe any copyright that you own or control, you may notify HTL’s designated agent (your notification, a “Notice”) as follows:
Designated Agent: [HTL Designated Agent]
Address: [INSERT STREET ADDRESS]
[INSERT CITY, STATE, AND ZIP CODE]
Telephone Number: [INSERT PHONE NUMBER]
Email Address: dmca@hometeamlive.com
Please see Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”) for the requirements of a proper Notice. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice may not be effective. If you knowingly materially misrepresent that any activity or material on the HTL Site or Services is infringing, you may be liable to HTL for certain costs and damages.
To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless HTL and its affiliates, licensors, suppliers, and agents (and each of their respective directors, officers, employees, shareholders, and representatives) from and against all claims, liabilities, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, and expenses, including reasonable legal fees and other litigation expenses, arising out of:
(a) your breach of any provision of these Terms or any applicable Subscription Terms;
(b) your use or misuse of an HTL Site or the Content, and the placement or transmission of your Contributions on an HTL Site made by you or others using your account;
(c) your use of or inability to use any Software; or
(d) any violation, alleged violation, or misappropriation of any intellectual property right or non-proprietary right of a third party related to your use of the HLT Site or Services.
HTL may, in its sole discretion and at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim. Your indemnification obligations survive any termination of your right to use an HTL Site and the Services.
Except as expressly set out in these Terms or as required by applicable law, all HTL Sites, the Services, and all Content, material, information, or postings found on or accessed through an HTL Site are provided on an “as is” basis.
To the maximum extent permitted by applicable law, HTL and its affiliates expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for a particular purpose, suitability for a particular purpose, and any representations, warranties, or conditions arising from any course of dealing or usage of trade, for an HTL Site, the Services, or the Content contained in or accessed through an HTL Site.
To the maximum extent permitted by applicable law, HTL and its affiliates make no representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness, or completeness of an HTL Site, the Services, or the Content contained in or accessed through an HTL Site. This includes, without limitation, the contents, transmission, or delivery of any Content, information, material, or posting found on an HTL Site; any services provided through an HTL Site (including the Services); any links to other sites made available on an HTL Site or the content contained on those sites; or, for Software, the operation of the Software or any feature of the Software.
To the maximum extent permitted by applicable law, HTL and its affiliates make no representations or warranties that an HTL Site or access to and use of an HTL Site will be continuous, accurate, uninterrupted, error-free, or free from defects, viruses, or other harmful codes or components.
For Software, to the maximum extent permitted by applicable law, all representations, warranties, and conditions of any kind, express or implied, are excluded, including any related to completeness of response, results, and workmanlike effort.
You expressly agree that use of an HTL Site and the Services is at your sole risk.
Not applicable to residents of Québec: To the maximum extent permitted by applicable law, HTL and its affiliates will not be liable to you or any third party, under any circumstances (including negligence, gross negligence, negligent misrepresentation, or fundamental breach), for:
(a) any indirect, incidental, consequential, economic, or punitive damages, including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction, interception, misdelivery or alteration of data, files, software, or other information, breach of privacy or security, property damage, personal injury, death, or any other foreseeable or unforeseeable loss, however caused;
(b) any loss resulting from support for Software, the use of or inability to use an HTL Site, the Services, or any Content, information, material, or postings on an HTL Site (including your Contributions), or the transmission of confidential or sensitive information over the Internet;
(c) any defamatory, offensive, or illegal conduct of any user, including you; or
(d) any losses, claims, damages, expenses, liabilities, or costs (including reasonable legal fees and other litigation expenses) arising directly or indirectly from any claim that the use or intended use of the Software infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party.
These limitations apply whether or not HTL or its affiliates were advised of, had reason to know of, or in fact knew of the possibility of damages, and apply to any act or omission of HTL or its affiliates whether in contract, tort, statute, or otherwise.
The limitations set forth in this Section 19 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of HTL or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
These terms will not limit any non-waivable warranties or consumer protection rights that apply under the laws of your province or territory of residence, including rights that apply to residents of Québec.
UNLESS PROHIBITED BY LAW IN YOUR JURISDICTION (INCLUDING QUEBEC), THIS SECTION REQUIRES YOU AND HTL TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND HTL CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND HTL FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND HTL AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. HTL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AND HTL EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 18(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
NOTHING IN THIS SECTION LIMITS YOUR RIGHT TO BRING A CLAIM IN COURT OR BEFORE A TRIBUNAL WHERE THAT RIGHT CANNOT BE WAIVED UNDER APPLICABLE LAW. NOTHING PREVENTS YOU FROM FILING A COMPLAINT WITH A CONSUMER PROTECTION OFFICE OR EXERCISING ANY OTHER NON-WAIVABLE STATUTORY RIGHTS IN YOUR JURISDICTION. See Section 18(n) if you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts.
You must send any Claimant Notice to HTL by certified mail, addressed to Home Team Live Technologies Inc., Attn: Legal Department, 1180 Spring Center South Blvd., Unit 112, Altamonte Springs, Florida, 32714, or by email to legal@hometeamlive.com. HTL will send any Claimant Notice to you by certified mail or email using the contact information you have provided to HTL. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.
No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or HTL files an Arbitration Demand without complying with the requirements in this Section 18, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.
These Terms affect interstate commerce, and the enforceability of this Section 18 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or HTL to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to HTL by certified mail addressed to Home Team Live Technologies Inc., Attn: Legal Department, 1180 Spring Center South Blvd., Unit 112, Altamonte Springs, Florida, 32714, or by email to legal@hometeamlive.com. HTL will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to HTL.
The arbitration will be conducted by a single arbitrator in the English language. You and HTL both agree that the arbitrator will be bound by these Terms.
For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and HTL agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 18(b) to proceed in arbitration in the same manner as described in Section 18(i)1, above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
Unless you are a resident of the United States, these Terms are governed by the laws of the province of Saskatchewan and the laws of Canada applicable therein, without giving effect to conflict of laws principles. You submit to the courts of Saskatchewan, except as prohibited by applicable consumer protection laws in your jurisdiction of residence. Nothing in these Terms limits your right to bring a claim in your local courts where mandatory consumer protection laws so require.
If you are a resident of the United States, these Terms are governed by the laws of the State of Delaware except to the extent preempted by United States Federal Law, without regard to conflict of laws principles (whether of the State of Delaware or any other jurisdiction). If any dispute, claim, or controversy that arises from or relates to these Terms is not subject to arbitration pursuant to Section 18, then the state and federal courts located in the State of Delaware, will have exclusive jurisdiction. You and HTL waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
These Terms, as amended from time to time, together with any applicable Subscription Terms, documents referenced herein, and any rules, policies, guidelines, or other agreements posted on a HTL Site by HTL, constitute the entire agreement between you and HTL for use of a HTL Site and the Services.
Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not waive that provision or any other right. A waiver of any breach or default does not waive any preceding or subsequent breach or default.
If any provision of these Terms is held void, invalid, or unenforceable by a court of competent jurisdiction, that determination will not affect the remaining provisions. Any unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect HTL’s original intent, and the remainder shall remain in full force and effect.
If you have a question or complaint regarding the HTL Site or Services, please send an e-mail to support@hometeamlive.com.. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. Residents of California may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 210-6276 or (800) 952-5210.
These Terms benefit and are binding on you, your heirs, legal personal representatives, and each party’s successors and permitted assigns. You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or our rights or obligations under them without your consent.
The provisions of Sections 5, 9, 14, 15, 16, 17, 18, 19 and 20 survive termination of the Services.
If you are dissatisfied with a HTL Site or with these Terms, you may stop using HTL Sites. This does not limit any statutory rights or remedies you may have under applicable consumer protection laws in your jurisdiction.
These Terms have been drawn up in English at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for an App. You acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules. Apple has no obligation whatsoever to furnish any maintenance or other support services for an App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to an App. Apple is not responsible for addressing any claims from you or a third party relating to an App or your possession and/or use of an App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for such App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. In the event of any third-party claim that an App or your possession and use of an App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Any questions, complaints or claims relating to an App, including those pertaining to intellectual property rights, must be directed to HTL in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use an App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Apple Media Services Terms and Conditions. In addition, you must comply with the terms of any third-party agreement applicable to you when using an App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, HTL’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party. In addition, with respect to your use of any version of the App compatible with Android OS you acknowledge that Google LLC (“Google”) is not a party to these Terms and does not own and is not responsible for the App. You acknowledge that your access to and use of the App through Google Play is subject to the then-current Google Play Terms of Service and Google Play policies, and in the event of any conflict, the Google Play terms and policies will govern if they are more restrictive. You acknowledge that you have had the opportunity to review such terms and policies.
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