Terms Of Service

Terms of Service
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE SERVICES.
1. Acceptance of Terms
These Terms of Service ("Terms of Service") apply to the Internet sites operated by NBCUniversal Media, LLC and its affiliates and subsidiaries ("NBCUniversal" or "We"), (the "Site"), and any other services or products and any related software or mobile applications offered and/or operated by NBCUniversal ("Service” or “Services"). Note that additional terms or licenses apply to some Services offered and/or operated by NBCUniversal. These additional terms or licenses will be posted in connection with the applicable Service, are in addition to these Terms of Service, and to the extent they conflict with these Terms of Service, govern access to or use of that particular Service.
NBCUniversal may modify these Terms of Service from time to time in its sole discretion. Your continued use or accessing of the Site or Services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes.
2. Permitted Uses.
Your use of the Site and Service shall be limited solely to your personal and non-commercial use. The Site and Service contain material that is derived in whole or in part from material supplied and owned by NBCUniversal as well as third parties ("Content"). As between NBCUniversal and You, NBCUniversal owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Site, Services and Content. You acknowledge NBCUniversal’s valid intellectual and proprietary property rights in the Site, Services, and Content and that your use of the Site and Services is limited to the access, viewing and downloading of Content, all solely as authorized by NBCUniversal. Nothing in these Terms of Service shall be deemed to convey to You any right, title or interest in or to the Site, Services or Content or to any portion thereof.
You may not either directly or through the use of any device or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Site, Services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Site, Services or Content, or (iii) any advertisement on the Site, Services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit Content unless expressly permitted by NBCUniversal in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from the Site or Services. You may not build a business, in whole or in part, or create derivative works or materials utilizing any portion of the Site, Services or Content, whether or not for profit.
To the extent that NBCUniversal makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access to the Site and Availability of Services
The Site and Services are intended for use by users who reside in the U.S., its territories and possessions ("U.S."). By using or attempting to use the Site or Services, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
NBCUniversal may change, suspend or discontinue any aspect of the Site or Services at any time without notice or liability.
You are responsible for any charges incurred in obtaining access to the Site and Services. The Site and Services are currently provided for free, although you may be given the opportunity to purchase products or Services through the Site from NBCUniversal. NBCUniversal reserves the right to change the nature of this relationship at any time.
4. Registration, Passwords and Unauthorized Use of Your Account

If you establish an account with NBCUniversal, you agree to provide true, accurate and current data. You are solely responsible for maintaining the confidentiality of the password you use to access account. You agree to immediately notify NBCUniversal of any unauthorized use of your password or account or any other breach of security.

5. Privacy Policy.
Any personal details and data acquired by NBCUniversal from your participation on the Site or Services will be used only in accordance with our Privacy Policy (cozitv.com/privacy-policy).
4. User Conduct
The following rules are a condition of your use of and access to the Site and Services. You are responsible for the content of your Communications (as defined in paragraph 10) via the Site or Services.
• You may not interfere with any other user from using or enjoying the Site or Services.
• You may not use the Site or Services to threaten, abuse, harass, or invade the privacy of any third party.
• You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
• You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
• You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site or Services or to obtain unauthorized access to the Site, Services or Content or any data or other information of any third party.
• You may not collect information about other users of the Site or Services in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
• You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.
• You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
• You may not attempt to gain unauthorized access to other computer systems or networks connected to the Site or Services or use the Site or Services, Content or any information contained therein for any unlawful purpose. NBCUniversal, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the Site or Services violates this provision. You may not use any Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
• You may not take any action on the Site or Services that violates any applicable law or these Terms of Service.
We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of these provisions.
6. Monitoring

NBCUniversal may, but has no obligation to, monitor the use by You and other end users of the Site or Services. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Furthermore, NBCUniversal reserves the right at all times to disclose any information posted on any portion of the Site or Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in NBCUniversal’s sole and absolute discretion are objectionable or in violation of these Terms of Service.
7. User Content; Grant of Limited License
If you post or upload any content to the Site or Services ("User Content"), you hereby acknowledge and agree that you are granting NBCUniversal (including without limitation, its licensees, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to NBCUniversal the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that NBCUniversal, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to NBCUniversal under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that NBCUniversal, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate NBCUniversal or any other person or entity to exercise any of the rights granted by you under these Terms of Service. NBCUniversal and their successors, licensees and assigns, will have the unlimited right to assign these Terms of Service and the rights granted by you under these Terms of Service at any time, in whole or in part, to any party. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that NBCUniversal, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content.
No Rights Created by Submission: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by You, and not in confidence, and that no confidential relationship is intended or created between NBCUniversal, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content.
Use of Name and Likeness: By posting User Content on the Sites or Services, you consent to the recording, use and reuse by NBCUniversal, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by NBCUniversal, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with NBCUniversal, or related Sites or Services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by NBCUniversal or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws and the rights of third parties.
Rules of Conduct when using The Site or Services:
While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of NBCUniversal. Notwithstanding anything else in these Terms of Service, NBCUniversal should not be seen as endorsing any User Content in any way. None of NBCUniversal or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content: User Content posted through the Site or Services are provided by users like you who are unaffiliated with NBCUniversal, and the user providing User Content is solely responsible for its User Content. This means that you, and not NBCUniversal, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the Site or Services. NBCUniversal is not responsible for User Content, accuracy or opinions expressed on the Site or Services, and NBCUniversal does not investigate, monitor or check for accuracy or completeness User Content. You understand that by using the Site or Service, you may be exposed to User Content that is offensive, indecent, or objectionable.
8. Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. NBCUniversal will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site or Services.
9. Children’s Online Privacy Protection Act Notification.
NBCUniversal is not designed or intended for use by children under 13. If you are under 18, you should use NBCUniversal only with involvement of a parent or guardian.

Pursuant to 47 U.S.C. Section 230(d) as amended, NBCUniversal hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
10. Disclaimer of Warranties: While NBCUniversal uses reasonable efforts to include up to date information on the Site and Services, NBCUniversal makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
NBCUNIVERSAL PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBCUNIVERSAL, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NBCUNIVERSAL PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NBCUNIVERSAL DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK.
11. Exclusion of Damages.
NONE OF THE NBCUNIVERSAL PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE NBCUNIVERSAL PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, NBCUNIVERSAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
12. Limitation of Liability.
IN NO EVENT WILL THE NBCUNIVERSAL PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO NBCUNIVERSAL IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
13. Applicability of Disclaimers, Exclusions and Limits.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, NBCUNIVERSAL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
14. Third Party Web Sites.
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE OR SERVICES ARE NOT CONTROLLED BY NBCUNIVERSAL. ACCORDINGLY, NBCUNIVERSAL MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY NBCUNIVERSAL. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
15. Indemnification
You agree to defend, indemnify and hold harmless NBCUniversal, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or Services; and (c) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content.
16. Termination
NBCUniversal may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site or Services, or remove and discard any User Content or information stored, sent, or received via the Site or Services (“Communication”) without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access a Site or Service, (ii) any unauthorized access or use of the Site or Services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Site or Services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the Site or Services shall not affect any right or relief to which NBCUniversal may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to NBCUniversal and its licensors and all rights granted by you to NBCUniversal shall survive in perpetuity.
17. Infringement Policy
NBCUniversal respects the intellectual property of others, and we ask our users to do the same. NBCUniversal, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Site or Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. NBCUniversal accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property; please send a written notice to the agent identified below to request a review of the alleged infringement. :
By mail:
Gillian M. Lusins
NBC Universal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: dmca.agent@nbcuni.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NBCUniversal to locate the material.
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
18. Export Control
Unless otherwise specified, the materials on the Site and Services are presented solely to provide information regarding and to promote NBCUniversal's services and other products available in the U.S. The Site and Services are controlled and operated by NBCUniversal from its offices within the State of New York. NBCUniversal makes no representation that materials on the Site or Services are appropriate or available for use outside the U.S. Those who choose to access the Site and Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site and Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Binding Arbitration of All Disputes.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other Service, (ii) any purchases or other transactions or relationships with NBCUniversal, or (iii) any data or information you may provide to NBCUniversal or that NBCUniversal may gather in connection with such use, interaction or transaction (collectively, “NBCUniversal Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other Service, or engaging in any other NBCUniversal Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site or other Service, you agree that any complaint, dispute, or disagreement you may have against NBCUniversal, and any claim that NBCUniversal may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any NBCUniversal Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NBCUniversal agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph 18, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Paragraph 18 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and NBCUniversal (the “Arbitrator”);
b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Paragraph 18 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
c) the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
d) the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
e) the Arbitration can resolve only your and/or NBCUniversal’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
g) in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
h) in the event you recover an Award greater than NBCUniversal’s last written settlement offer, the Arbitrator shall also have the right to include in the Award NBCUniversal’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but NBCUniversal shall in all events bear its own attorneys’ fees; and
i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NBCUniversal shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
j) NBCUniversal may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NBCUniversal has given notice of such modifications and only on a prospective basis for claims arising from NBCUniversal Transactions and Relationships occurring after the effective date of such notification.
k) Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against NBCUniversal in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

20. Member Disputes
You are solely responsible for any interaction with other members or visitors to the Site or Services, and NBCUniversal reserves the right, but shall have no obligation, to monitor disputes between you and any other member of NBCUniversal.
21. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site and Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011
22. General
These Terms of Service and the relationship between you and NBCUniversal shall be governed by the laws of the U.S. and the State of New York without regard to its conflict of law provisions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. No failure or delay by NBCUniversal in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other Service, or these Terms of Service, our Privacy Policy, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without NBCUniversal's prior written consent.