These Terms of Use ("Terms of Use") apply to all websites, apps, and services operated and controlled by ASYNCTV LLC (either "we," "us" or "ASYNC") or a third party agent of ASYNC, and other websites, apps, and services where these Terms of Use are posted (the "Sites"). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.
YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES THAT YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THESE SITES.
You understand and agree that the Sites are provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other client software. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to restrict, modify, suspend, or terminate the Sites, including your use of or subscriptions to the Sites, with or without cause for any reason including without limitation your violation of any provision of these Terms of Use, at any time, and without any liability to us.
Please note the arbitration provision set forth below, which may, except where and to the extent prohibited by law, require you to arbitrate any claims you may have against ASYNC on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The Sites contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights owned by ASYNC and other individuals or entities and is protected by United States and international copyright laws.
THE SITES AND THE CONTENT OFFERED ON THE SITES ARE MADE AVAILABLE TO SUBSCRIBERS FOR NON-COMMERCIAL USE AS SET FORTH IN THESE TERMS. You may use the Sites and the Content for, and only for, (i) your personal use; or (ii) bona fide educational purposes in a classroom or academic setting. In either case, ASYNC authorizes you to view a single copy of the Content as made available on the Sites. Under no circumstances may the Sites or Content be used in or for any commercial or for-profit manner or purpose. You may not either directly or through use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of these Sites or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including ASYNC's servers, computer network, or user accounts.
Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.
If you violate these Terms of Use, your permission to use the Content automatically terminates.
By subscribing to the Sites, you authorize us to charge your credit card or other account that you have designated. Monthly, annual and other periodic or renewal fees will be charged at the then current rate plus applicable tax. All fees are charged in US Dollars (USD). Fees may vary based on currency exchange rates. Customers may also be charged additional credit card fees for currency conversion from non-USD currencies to USD. The subscription fee will be billed at the beginning of your subscription period or expiration of your free trial period, if any. Your subscription will continue in effect unless and until you cancel your subscription or your subscription is otherwise terminated or suspended. You may cancel your subscription at any time by logging into your account on the Sites or contacting us at help@asynctv.com. You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, cancellation will be effective at the end of the current billing period. After cancellation, you will have continued access to ASYNC for the remainder of that period, but you will not receive a refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by ASYNC, in our sole discretion.
On certain occasions, ASYNC may offer free trials of its services. If we offer you a free trial, the specific terms of the free trial will be stated in the marketing material describing the free trial. If you do not cancel your subscription within the free trial period, we will begin charging your payment card subscription fees once your free trial period ends. You may cancel your membership anytime by logging into your account or contacting us at help@asynctv.com.
On certain occasions, you may acquire your subscription or be offered access to the Sites and/or the Content by an agreement between ASYNC and a third-party, such as your cable operator or television provider. In such cases, your subscription or access is subject to the terms of that third-party agreement and the third party’s terms of use and agreement with you, which may differ from the terms and conditions set forth herein.
For full terms and conditions related to gift cards, please see https://asynctv.com/terms.
The names, trademarks, service marks, and logos of ASYNC belong exclusively to ASYNC and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of ASYNC or any third party.
If you make any submission to or communications on the Sites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted ASYNC, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. ASYNC may sublicense its rights through multiple tiers of sublicenses.
The Sites are not intended for use by persons under the age of 13, or under the age of 16 for EU visitors. ASYNC does not knowingly collect information from visitors under the age of 13, or 16 in the EU, and in the event that we learn that a person under the age of 13, or 16 for the EU, has provided ASYNC with personal information, we will delete such personal information.
THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." ASYNC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. ASYNC DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASYNC OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, ASYNC DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL ASYNC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
In no event shall ASYNC, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not ASYNC is advised of the possibility of such damages. ASYNC is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content.
In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of ASYNC, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, ASYNC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ASYNC IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY ASYNC. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
NOTE THAT THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Certain parts of the Sites may require a password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. ASYNC reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
We collect personal information on the Sites, which is subject to the terms of our Privacy Policy, which is available here (https://asynctv.com/privacy).
The Sites may contain links to other websites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
Notice shall be sent to:
ASYNCTV LLC50 Fountain PlazaSuite 1700Buffalo, NY 14202
Both you and ASYNC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the Greenbelt, Maryland area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable, with the exception of disputes related to or involving ASYNC’s intellectual property.
You agree that the laws of the State of Maryland govern this contract and any claim or dispute that you may have against us, without regard to Maryland’s conflict of laws rules. The parties acknowledge that these Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MARYLAND FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MARYLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1, 2, 3, 4, 5, 7, 8, 12, 13, 14, and 15 shall survive termination of these Terms of Use.
If you have any questions about these Terms of Use, please contact us at the following address:
ASYNCTV LLC50 Fountain PlazaSuite 1700Buffalo, NY 14202