Vidxvis Terms of Use

Overview:

Welcome to Vidxvis TV! We are a multimedia company with streaming services that provides our members with access to local programming, local sporting events, youth sporting events and other audio-visual entertainment ("Vidxvis content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("Vidxvis ready devices"). You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Vidxvis service," "our service" or "the service" means the service provided by Vidxvis for discovering and watching Vidxvis content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

 

You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Vidxvis (except for matters that may be taken to small claims court).

1.   Acceptance of Terms of Use

         a.  These Terms of Use, which include our Privacy Statement (www.vidxvis.com/Privacy) and End User License Agreement  (www.Vidxvis.com/EULA) ("EULA")

              govern your use of the Vidxvis service. By using, visiting, or browsing the Vidxvis service, you accept and agree to these Terms of Use. If you do not agree to

              these Terms of Use, do not use the Vidxvis service.

         b.  The Vidxvis streaming service is provided by Vidxvis, LLC., or one of its affiliated companies. Visit https://help.vidxvis.com/support/ to see which entity is

              providing the Vidxvis service to you. Check back as the service provider may change from time to time.

2.   Changes to Terms of Use.

                     Vidxvis may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective

                      immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.                                                        We will attempt to post prior versions of the Terms of Use, if any, for the preceding 12-month period.

3.   Privacy.

                     Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy

                     Statement to understand our practices.

4.   Communication Preferences.

                     By using the Vidxvis service, you consent to receiving electronic communications from Vidxvis relating to your account. These                                                                       communications may involve sending emails to your email address provided during registration, or posting communications on the                                                               Vidxvis service, or in the "DASHBOARD" page and will include notices about your account (e.g., payment authorizations, change in                                                             password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with                                                                       Vidxvis. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy                                                             any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic                                                               communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications                                                               from us, such as newsletters about new Vidxvis features and content, special offers, promotional announcements and customer                                                                   surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply contact our                                                               Support Department (support@vidxvis.com). Please review our Privacy Statement (www.Vidxvis.com/Privacy) for further detail on                                                                 our marketing communications.

5.   Membership, Free Trials, Billing and Cancellation

          a.   Membership

                    i.   Ongoing Membership. Your Vidxvis membership, which may start with a free trial, will continue month-to-month and automatically renew unless and   

                         until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment                              (as such may be updated from time to time, "Payment Method") to use the Vidxvis service. We will bill the monthly membership fee to your Payment                                    Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment                              Method.

                   ii.   Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and

                                                               limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in

                                                               other communications made available to you. You can find specific details regarding your membership with Vidxvis by visiting

                                                               our website and clicking on the "Dashboard" link. Some promotional memberships are offered by third parties in conjunction

                                                               with the provision of their own products and services. We are not responsible for the products and services provided by such

                                                               third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

         b.   Free Trials

                    i.   Your Vidxvis membership may start with a free trial. The free trial period of your membership lasts for one day, or as otherwise specified during sign-up.

                         For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Vidxvis reserves the right, in its

                         absolute discretion, to determine your free trial eligibility.

                   ii.   We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will

                         automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including

                         monthly membership price and end date of your free trial period, visit our website and click the "Invoices" link on the "Dashboard" page. We may

                         authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In

                         some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

                  iii.   CLICK THE "DASHBOARD" LINK AT THE TOP OF ANY VIDXVIS WEB PAGE (www.vidxvis.com) TO FIND CANCELLATION INSTRUCTIONS. We will                          continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

         c.   Billing

i.              Recurring Billing. By starting your Vidxvis membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Vidxvis service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

ii.             Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

iii.            Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Vidxvis membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

iv.           No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

v.            Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "DASHBOARD" link, available at the top of the pages of the Vidxvis website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

vi.           Cancellation. You may cancel your Vidxvis membership at any time, and you will continue to have access to the Vidxvis service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED VIDXVIS CONTENT. To cancel, go to the "DASHBOARD" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for Vidxvis using your account with a third party as a Payment Method, and wish to cancel your Vidxvis membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Vidxvis service through that third party. You may also find billing information about your Vidxvis membership by visiting your account with the applicable third party.

 

6.     Vidxvis Service

a.            You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Vidxvis service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

b.            The Vidxvis service and any content viewed through our service are for your personal and non-commercial use only. During your Vidxvis membership, we grant you a limited, non-exclusive, non-transferable, license to access the Vidxvis service and view Vidxvis content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

c.             You may view Vidxvis content through the Vidxvis service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Vidxvis content. The content that may be available to watch will vary by geographic location. Vidxvis will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED TO ONE. Vidxvis will monitor content and IP address activity by using software to detect simultaneous use of an account. YOUR ACCOUNT WILL BE CANCELLED, WITHOUT REFUND, IF YOUR ACCOUNT IS DETECTED TO BE IN SIMUTANEOUS USE. THE NUMBER OF DEVICES AVAILABLE FOR USE AND THE SIMULTANEOUS STREAMS MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION. NO ACCOUNT SHARING IS ALLOWED.

d.            We continually update the Vidxvis service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Vidxvis content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

e.            You agree to use the Vidxvis service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Vidxvis service without express written permission from Vidxvis and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Vidxvis service; use any robot, spider, scraper or other automated means to access the Vidxvis service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Vidxvis service; insert any code or product or manipulate the content of the Vidxvis service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Vidxvis service, including any software viruses or any other computer code, files or programs.

f.             The availability of Vidxvis content to watch will change from time to time, and from country to country. The quality of the display of the Vidxvis content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Vidxvis makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Vidxvis content show will vary based on a number of factors, including your location, available bandwidth at the time, the Vidxvis content you have selected and the configuration of your Vidxvis ready device.

g.            Vidxvis software is developed by USCREEN, or for, Vidxvis and is designed to enable streaming and viewing of content from Vidxvis through Vidxvis ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.Vidxvis.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE VIDXVIS AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Vidxvis service. If your Vidxvis ready device is sold, lost or stolen, please deactivate the Vidxvis ready device. If you fail to log out or deactivate your device, subsequent users may access the Vidxvis service through your account and may be able to access certain of your account information.

h.            We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

7.     Passwords and Account Access

a.            The member who created the Vidxvis account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Vidxvis account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Vidxvis Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

b.            You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Vidxvis website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Vidxvis reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Vidxvis is not obligated to credit or discount a membership for holds placed on the account by either a representative of Vidxvis or by the automated processes of Vidxvis.

8.      Disclaimers of Warranties and Limitations on Liability

a.            THE VIDXVIS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE VIDXVIS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. VIDXVIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE VIDXVIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. VIDXVIS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, VIDXVIS READY DEVICES, AND VIDXVIS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

b.            TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL VIDXVIS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

c.             SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

d.            NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9.      Gifts and Promotions.

Gift cards for the Vidxvis service may be available for purchase at third-party outlets and websites, which can be redeemed on our website at www.vidxvis.com/. The purchase and redemption of gift cards are subject to the gift terms (www.vidxvis.com/cardterms). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Vidxvis in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

10.     Intellectual Property

a.            Copyright. The Vidxvis service, including all content provided on the Vidxvis service, is protected by copyright, trade secret or other intellectual property laws and treaties.

b.            Trademarks. Vidxvis is a registered trademark of Vidxvis, LLC.

c.             Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Vidxvis service, please notify us by completing the Copyright Infringement Claims form.

11.     Governing Law.

Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

12.     Applications.

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Vidxvis service. These Applications may import data related to your Vidxvis account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Vidxvis is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY VIDXVIS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

13.     Use of Information Submitted.

Vidxvis is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Vidxvis service, including the Vidxvis website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Vidxvis service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Vidxvis does not accept unsolicited materials or ideas for Vidxvis content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Vidxvis. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Vidxvis and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

14.     Customer Support.

To find more information about our service and its features, or if you need assistance with your account, please visit Vidxvis Support Center (www.vidxvis.com/support).

 

15.     Arbitration Agreement

a.            If you are a Vidxvis member in the United States (including its possessions and territories), you and Vidxvis agree that any dispute, claim or controversy arising out of or relating in any way to the Vidxvis service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Vidxvis are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Vidxvis membership.

b.            If you elect to seek arbitration or file a small claim court action, you must first send to Vidxvis, by certified mail, a written Notice of your claim ("Notice"). The Notice to Vidxvis must be addressed to: General Counsel, Vidxvis, LLC., 1021 Floyd St, Fleming Island, FL, 32003 ("Notice Address"). If Vidxvis initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Vidxvis, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Vidxvis and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Vidxvis may commence an arbitration proceeding or file a claim in small claims court.

c.             You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Vidxvis receives notice at the Notice Address that you have commenced arbitration, Vidxvis will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

d.            The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Vidxvis and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

e.            If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Vidxvis’s last written settlement offer made before an arbitrator was selected (or if Vidxvis did not make a settlement offer before an arbitrator was selected), then Vidxvis will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

f.             YOU AND VIDXVIS AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vidxvis agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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.

 

16.     Survival.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.