Terms of Use

Effective as of June 1, 2017.

Acceptance of Terms of Use

Welcome to www.lightworkers.com (the “Site”), operated by LightWorkers Media OTT, LLC (“Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Site and any other sites, applications, features, technology, software, content or promotions offered by us from time to time, that link or otherwise refer to these Terms of Use (each, a “Service” and collectively, the “Services”), whether as a guest or a registered user, or any other user (“user” or “you” or “your”).

Please read these Terms of Use carefully before you start to use the Services. By accessing and/or using the Services, you accept and agree to be bound and abide by these Terms of Use, as may be amended from time to time, located AT WWW.LIGHTWORKERS.COM/TERMS-OF-USE.HTML and the Privacy Policy, as may be amended from time to time, located AT www.lightworkers.com/privacy-policy.html (the “Privacy Policy”), which privacy policy is incorporated herein by reference, and you further agree to comply with all applicable laws, rules, rulings and regulations (collectively, “Applicable Law”). If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Services.

NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW HERE CONTAINS PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU HEREBY AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.

Eligibility

The Services are offered and made available to users who are at least 18 years of age and reside in the United States of America (“U.S.”). By accessing and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. Company may require proof of your identity or eligibility at any time to participate or continue to participate in a Service and/or to receive any product in connection with the Services. Failure to provide evidence of identity or eligibility satisfactory to Company, and determined in Company’s sole discretion, may result in suspension or termination of your access to the Services. Company reserves the right to (a) monitor all activities via the Services, including, but not limited to, any effort to use the Services in violation of these Terms of Use and (b) to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.

Changes to the Terms of Use and the Services

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services from that point and thereafter. Your continued use of any Services following any such posting of a revised Terms of Use means that you accept and agree to such changes. You are expected to check this page from time to time so you are aware of any such changes, as they are binding on you.

We may update the content offered via the Services from time to time, but any such content is not necessarily complete or up-to-date. Any of the material offered via the Services may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Services, and any materials we provide via the Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including, but not limited to, any registered users.

Access to the Services and Termination

To access the Services or some of the resources therein, you may be asked to provide your information, including, but not limited to, personal information. It is a condition of your use of the Services that, if you are asked to register, all the information you provide is accurate, current and complete. You agree that all information you provide in order to register for any Service or otherwise, including, but not limited to, through the use of any interactive features offered via the Services, is governed by the Privacy Policy, and you consent to all of the actions we take with respect to your information consistent with the Privacy Policy. Even after your use of or access to the Services is terminated by you (or you stop using any of the Services in any way) or by Company, these Terms of Use will remain in full force and effect with respect to your past and future use of the Services. WE HAVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES OR YOUR ACCOUNT OR TO DISABLE OR CHANGE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION AND FOR ANY REASON OR FOR NO REASON, INCLUDING, BUT NOT LIMITED TO, IF IN OUR OPINION, YOU HAVE VIOLATED ANY TERM OF PROVISION OF THESE TERMS OF USE.

Security

If you choose, or are provided with, a user name, password or any other piece of information to access the Services (or part thereof) or other security procedures, you must treat any and all such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your access and/or account for the Services, or any feature or other aspect thereof, is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, account or other security information regarding the Services. You agree to notify us immediately of any unauthorized access to or use of your user name or password, account, or access to the Services, or any other breach of security regarding the Services. You also agree to ensure that you exit from the Services and/or your account at the end of each session. You should use particular caution when accessing the Services from a public or shared computer so that others are not able to view or record your password(s) or other information (including, but not limited to, your personal information).

Intellectual Property Rights

The Services and all content, features, technology and functionality (including, but not limited to, any information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) contained therein, are owned by Company, its licensors or other providers of such material and are protected by Applicable Law, including, but not limited to, U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Company’s names, and any and all related names, logos, product, branding and service names, designs and slogans are trademarks and/or other intellectual property of Company and/or the Company Parties (as defined below). You must not use any such content or marks without the prior written permission of Company or a Company Party (as defined below) in each instance.

These Terms of Use permit you to access and use the Services and all materials available via the Services for your personal, non-commercial use only. Unless explicitly permitted on the Services, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material offered via the Services. If the Services permit you to embed, share or link any technology or content offered via the Services, it is for your specific, personal, non-commercial use only in accordance with these Terms of Use. You may link to our homepage, provided you do so in a way that complies with Applicable Law, and in our sole discretion does not damage our reputation or take advantage of it; but you must not provide a link to the Services in such a way as to suggest any form of association, approval or endorsement on our part. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services, including any content or technology offered via the Services, is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other Applicable Law.

Fees; Transactions

You acknowledge that Company reserves the right to charge a fee for any portion(s) of the Services. Company will provide you with notice of any such fees, including any change in the amount of such fees. If you continue to use the Services after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee(s) for the balance of your subscription or use of the Services. If Company suspends or terminates your access to and/or account with the Services because you have breached these Terms of Use, the Privacy Policy or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

IF YOU PURCHASE A PRODUCT OR SERVICE MADE AVAILABLE VIA THE SERVICES (EACH SUCH PURCHASE, A “TRANSACTION”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) AND/OR ANY OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION OR PAYMENT SERVICE(S) AND YOU AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF THROUGH OR VIA THE SERVICES, AT THE PRICES(S) THEN-CURRENTLY IN EFFECT WHEN ANY SUCH CHARGES ARE INCURRED INCLUDING, BUT NOT LIMITED TO, ANY AND ALL SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES. Verification of your information may be required prior to the acknowledgment or completion of any Transaction. For the avoidance of doubt, you are responsible for any taxes that may be applicable to your Transactions and we may be required by Applicable Law to collect sales tax on orders shipped to certain states, so if your order is shipping to any such states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. We reserve the right to collect sales tax in any other jurisdictions if we believe that such collection is required by Applicable Law. The prices displayed via the Services are quoted in U.S. dollars, unless otherwise indicated. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason or for no reason, and without liability to you or anyone else.

Disclaimer for Information Posted

The information presented on or via the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We expressly disclaim any and all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the information, content or any other material in connection with the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, materials or content available via the Services. The relationship between you and the Services is not a priest-penitent, physican-patient or psychotherapist-patient relationship, or any similar relationship. The content accessed via the Services is not intended to be the practice of medicine, including, but not limited to, psychology, psychiatry, or psychotherapy, or providing health care or nutrition advice or instruction for diagnosis or treatment. Company does not recommend the self-management of health or mental health problems. You should never delay in seeking treatment, or disregard medical advice, because of something you have read on the Services.

The Services may include content provided by third parties, including, but not limited to, any materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Company and, irrespective of whether or not such materials are available via the Services, we do not endorse any such third-party materials and we are not responsible or liable, to you or to any third party, for any content or the accuracy of any materials provided by any third parties or any actions of such third parties.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. In addition to any other restrictions set forth in this Terms of Use, you agree not to use the Services for the following prohibited uses:

Monitoring and Enforcement

In addition to any other terms or conditions in this Terms of Use, we reserve the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND THE COMPANY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Please note that we do not undertake to review all material before it is posted via the Services, and we cannot ensure prompt removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, content or any other material provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the monitoring and enforcement activities described in this section.

Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

Written notification of claimed infringement must be submitted to the following designated agent (“Designated Agent”):

Company’s Designated Agent: Copyright Agent, LightWorkers Media OTT, LLC, 100 Corporate Pointe, Suite 100, Culver City, CA 90230 or DMCA@lightworkers.com or 310-903-5400.

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to us at the emails provided in this Terms of Use. You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to Applicable Law, to make such content available to us for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:

If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Information About You and Your Access to and/or Use of the Services

All information we collect through the Services is subject to the Privacy Policy. By accessing and/or using the Services, you consent to all actions taken by us with respect to your information as collected through your access to and use of the Services, as further described by the terms of the Privacy Policy.

Additional Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Third Party Services and Your Responsibility

The Services include features and functionalities from “Third Party Service(s)” as further described in the Privacy Policy, which you can read about here and here. If the Services contain links or offer access to other features, functionalities or services provided by Third Party Services, any such links and/or access are provided for your convenience only, and any visit you make to any Third Party Service(s), and/or your use of any service, feature or functionality that is offered by a Third Party Service(s), is solely at your own risk. We have no control over the content or technology or availability of any sites, features, functionalities, services, resources or any other offering by a Third Party Service, and we accept no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of Third Party Service(s) that may be accessible or linked to from the Services, or if you purchase products or services from any such Third Party Services, you do so solely at your own risk and you are subject to each such Third Party Service’s terms of use and privacy policy, for each such Third Party Service that you use.

User Contributions

The Services may contain features or functionalities including, but not limited to, comment sections, profiles, forums, videos, and other interactive features that allow users to post, submit, publish, display or transmit to other users of the Services or other users of Third Party Services (hereinafter, “post”) certain content or materials that are provided by users (collectively, “User Contributions”) via the Services. By posting any User Contribution via the Services, you grant the Company Parties the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, but not limited to, any commercial and promotional purposes, without additional compensation to (or consent from) you.

You represent and warrant that (a) you own or control all rights in and to the User Contributions and that you have the right to grant the license granted above to the Company Parties and (b) you will not post any content or any other material that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not Company, assume full responsibility for any and all such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Shareable and Embeddable Content

If the Services provide features that enable you to display, embed, link to, post or otherwise share certain content, you may use these features solely as they are provided by us via the Services, and solely for the content they are displayed with, solely for your personal, non-commercial use in the U.S., and otherwise in accordance with any applicable Third Party Service terms (for example, a social media service’s terms, if you share or post through a social media service). You agree not to distribute in any medium any part of the Services, including, but not limited to, any content available via the Services, without Company’s prior written authorization, unless Company makes the means for such distribution available through functionality offered by the Services (such as shareable links or features allowing you to embed certain content). If Company permits you to embed Company’s video player on another website, application or service (“Embeddable Player”), you may use such Embeddable Player solely in the form provided by Company and you may not modify, build upon, reverse engineer or block any portion, feature(s) or functionality of the Embeddable Player, including, but not limited to, advertising or links back to the Services contained therein. In addition, you may not sell or otherwise offer advertising, marketing, sponsorship or promotions in connection with the Services, including, but not limited to, any content or feature(s) available via the Services (including, but not limited to, the Embeddable Player).

Geographic Restrictions

The owner of the Services is based in the U.S. We provide the Services for use only by persons located in the U.S. We make no claims that the Services or any content or materials available via the Services is accessible or appropriate outside of the U.S. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, including, but not limited to, the SITE, CONTENT, technology, software AND/OR other ITEMS OBTAINED OR ACCESSED Via the services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY COMPANY PARTY (AS DEFINED BELOW) REPRESENTS OR WARRANTS THAT THE SERVICES, including, but not limited to, the SITE, CONTENT, technology, software AND/OR other ITEMS OBTAINED OR ACCESSED Via THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO, OUR SITE OR THE SERVER OR OTHER MEANS THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY INFORMATION OR CONTENT OR ANY OTHER MATERIALS OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EACH OF COMPANY AND EACH COMPANY PARTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Services OR VIA THE internet OR MOBILE/WIRELESS OR ANY OTHER MEANS will be free of viruses or other destructive code. You are SOLELY responsible for implementing sufficient SAFEGUARDS, procedures and checkpoints to satisfy your SPECIFIC requirements for anti-virus protection, FOR ANY AND ALL accuracy of data input and output, and for maintaining a means external to THE SERVICES for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAM(S), DEVICE(S), DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION, CONTENT, MATERIALS, ADVICE OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY SITE(S) OR SERVICE(S) LINKED TO THE SERVICES.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ANY COMPANY PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES OR ANY SERVICES LINKED TO THE SERVICES, ANY INFORMATION, CONTENT, TECHNOLOGY, MATERIALS, OR ANY OTHER ITEM(S) OFFERED VIA THE SERVICES OR VIA SUCH OTHER SITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, equity owners, related parties, advertisers, and sponsors, and each of its and their respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, parents, subsidiaries, equity owners, successors and assigns and other representatives (each, a “Company Party” and collectively, the “Company Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, the Privacy Policy or your use of the Services including, but not limited to, your User Contributions, any use of the information, content, technology, materials, services, products and/or other items made available via the Services.

Arbitration Agreement

As part of these Terms of Use, you and Company each agree as follows (the “Arbitration Agreement”):

1. You and Company each agree that any Dispute (as defined below) between you, on the one hand, and Company or any Company Party, on the other hand, regarding any aspect of your relationship with Company or any Company Party, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you, on the one hand, and Company or any Company Party, on the other hand, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you, on the one hand, and Company or any Company Party, on the other hand, in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to Applicable Law), the Privacy Policy, any products, information, content, technology or services provided by Company or any Company Party, any billing disputes, and/or any disputes relating to telephonic, text message, or any other communications either of us received from the other party. The only exceptions to this Arbitration Agreement are that (a) each of you and Company retains the right to sue in small claims court and (b) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 6 of this Section below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. Each of you and Company agree that an arbitrator must follow these Terms of Use. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). This Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. Sections 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive any termination of these Terms of Use.

2. Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Arbitration Agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitrator is bound by the terms of these Terms of Use. If either you or Company wants to arbitrate a claim, you or Company must first send a written Notice of Dispute (“Notice”) by mail to the other party that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service to which the Notice relates, and the relief requested. Your Notice to Company must be sent by mail to Arbitration Notice of Dispute, LightWorkers Media OTT, LLC, 100 Corporate Pointe, Suite 100, Culver City, CA 90230. Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first forty-five (45) days after you or we send a Notice to the other party, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within forty-five (45) days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to Company at the address listed above to which you sent your Notice of Dispute.

3. You and Company each acknowledge and agree to abide by the following rules for arbitration: (a) EACH OF YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by Applicable Law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 5 below. JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and Company acknowledge and agree to abide by the following: (i) If you are seeking to recover less than ten thousand dollars ($10,000) (inclusive of attorneys’ fees), Company will pay the filing fee on your behalf or reimburse your payment of it; (ii) If you are seeking to recover ten thousand dollars ($10,000) or more, you will have to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator; (iii) Company and you agree that, if the claims to be arbitrated total less than ten thousand dollars ($10,000) (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than ten thousand dollars ($10,000). This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules; and (iv) Company and you agree that, if the claims to be arbitrated total a dollar amount of ten thousand dollars ($10,000) or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

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

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

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

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

8. With the exception of subpart (a) in paragraph (3) of this Section (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (3) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms of Use, including, but not limited to, the provisions governing where actions against Company must be pursued, the choice of governing law (as part of Applicable Law), and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

Governing Law; Jurisdiction

Use of the Services, including, but not limited to, in connection with any purchases made through the Services, and any Dispute arising out of or relating in any way to your use of the Services, these Terms of Use, the Privacy Policy and/or any products or materials purchased through Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules (as part of Applicable Law). Any Dispute you may have with respect to Company, any Company Party or the Services must be commenced within one (1) year after the Dispute arose. Jurisdiction and venue for any Dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

Class Action Waiver

Both you and Company waive the right to bring any controversy, claim or dispute ARISING OUT OF OR RELATING in any way to your use of the Services, or TO ANY purchases MADE through the SERVICES, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.

Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise expressly provided herein, if any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy and any other required participation documents, constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: TermsofUseQuestions@Lightworkers.com.

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