Dispute Resolutions

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Binding Arbitration Agreement

1 You and Media Cube agree to be bound by the procedures set forth below to resolve any and all claims arising out of or relating to your use of the Media Cube Mobile App or Media Cube’s websites (except with respect to Media Cube Accounts, as further explained below), and any aspect of this binding arbitration agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Each such claim is referred to individually as “Claim” and collectively as “Claims“. Notwithstanding the foregoing, for purposes of this binding arbitration agreement, “Claims” shall exclude:
(a) All claims related to your end user online profile and billing account (“Media Cube Account“), which shall be resolved in accordance with the Media Cube Account Terms and Condition; and
(b) All claims related to the affiliate program on the Media Cube Websites, which shall be resolved in accordance with the terms of use governing the affiliate program.

2 You and Media Cube agree that, except for the claims identified in paragraphs 1(a), 1(b) and 4, any and all Claims shall be finally settled by binding arbitration. The arbitration shall take place in Kern County, California and shall be administered by the American Arbitration Association (“AAA“) pursuant to the AAA’s then-current rules, including (if applicable) the AAA’s Supplementary Procedures for Consumer-Related Disputes. Please be aware there is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than the rules applicable in court, and review of the arbitrator’s decision by a court is limited. You and Media Cube further agree that each of your may bring Claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join more than one person’s claim and may not preside over any consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive or declaratory relief) only on an individual basis and may not award any form of consolidated, representative or class-wide relief. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Media Cube are entitled to arbitrate the Claims. This arbitration provision is subject to the Federal Arbitration Act. The arbitrator’s award shall be binding on you and Media Cube, and may be entered in any court of competent jurisdiction.

3 Information on AAA and how arbitration is initiated can be found at www.adr.org or by calling 800-778-7879. For Claims of $75,000 or less, you will be responsible for the initial arbitration filing fee, up to the amount of the initial filing fee if you were to initiate a lawsuit against Media Cube based on such Claims in court. If the arbitrator finds such Claims to be non-frivolous, Media Cube will pay any difference in such filing fees‎ plus the arbitrator fees. For Claims in excess of $75,000, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Media Cube will pay as much of your actual filing fees and the arbitrator fees for the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

4 This agreement to arbitrate does not apply to any Claim (a) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (b) that may be brought in small-claims court.

5 If the agreement to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a given Claim, then any and all proceedings to resolve such Claim must be brought exclusively in a federal court of competent jurisdiction in the Northern District of California or in a state court in Kern County, California. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.

6 30-Day Right to Opt Out: You have the right to opt out of this agreement to arbitrate by sending a written notice of your decision to opt out to the following address: Legal Department, Media Cube, Co., 10001 Camino Media Unit #20443, Bakersfield, California USA; provided that, (a) with respect to Claims related to Media Cube’s websites, such notice must be postmarked on or before the 30th day after the date you first visited Media Cube’s websites. Your notice should include your full name, your current postal address, telephone number and email address, the product name and serial number for your set-top-box, and a copy of the original proof of purchase for your set-top-box. If you timely send a notice in compliance with this paragraph 6, the agreement to arbitrate will not apply to either you or Media Cube. If you do not timely send this notice, then you agree to be bound by this agreement to arbitrate.

7 Notwithstanding any provision in this binding arbitration agreement to the contrary, you agree that, if Media Cube seeks to delete or materially modify the agreement to arbitrate described herein, any such deletion or modification will not apply to any individual Claim of which you have notified Media Cube prior to such modification.

Contact Information

If you wish to contact Media Cube, please send your correspondence by e-mail to support@mediacube.co

Last Updated: November 30, 2015