Kable Terms & Conditions

1. App License. Subject to your compliance with and otherwise in accordance with these Terms, Kable grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a television, computer, mobile device, or console that you own or control (each, a “Device”) and to run such copy of the App solely for your own personal, non-commercial purposes.
2. Updates. You understand that the Services are evolving. As a result, Kable may require you to accept updates to any Apps that you have installed on your Devices. You acknowledge and agree that Kable may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
3. Content and Content Rights. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Kable does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Kable and its licensors exclusively own all right, title, and interest in and to the Services, Content, and the Kable brand, including all associated intellectual property rights. You acknowledge that the Services, Content and Kable brand are protected by copyright, trademark, and other laws of the United States and foreign countries. All use of such properties not expressly permitted in these Terms is prohibited. 
4. Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Kable, a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating, improving, marketing, advertising and providing the Services and Content to you and to others. This includes the right to process your User Content using our AI-driven algorithms that analyze user engagement, viewing habits, and content metadata to personalize content delivery in a dynamic manner.
5. Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Kable on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or give rise to any civil liability. Furthermore, you also agree not to post, upload, publish, submit, or transmit any Content that (i) is fraudulent, false, misleading, or deceptive; (ii) is defamatory, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (v) promotes illegal or harmful activities or substances.
6. Your Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make or data preserved for analytics purposes) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 
7. Kable’s responsibility for Content: Kable does not guarantee the accuracy, completeness, or usefulness of any Content on the Platform. Any reliance you place on such information is strictly at your own risk. You acknowledge that Content is the sole responsibility of the party from whom such Content originated. This means that you and other Registered Users of the Services, and not Kable, are similarly responsible for all Content that you and they make available through the Services.
   1. Furthermore, you acknowledge that Kable has no obligation to pre-screen User Content, although Kable reserves the right in its sole discretion to: (a) remove or refuse to post any Content for any or no reason in our sole discretion; (b) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Kable; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (d) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. By entering into these Terms, you hereby provide your irrevocable consent to Kable’s monitoring of your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including without limitation chat or text communications. In the event that Kable pre-screens, refuses, or removes any of your Content, you acknowledge that Kable will do so for Kable’s benefit, not yours. Without limiting the foregoing, Kable shall have the right to remove any of your Content that violates these Terms or is otherwise objectionable.
   2. If Kable becomes aware of any possible violations by you of the Terms, Kable reserves the right to investigate such violations. If, as a result of the investigation, Kable believes that criminal activity has occurred, Kable reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Kable is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your Content, in Kable’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms, (iii) respond to any claims that your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Kable, its users or the public, and all enforcement or other government officials, as Kable in its sole discretion believes to be necessary or appropriate.‍
8. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (ii) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout, or form); (iii) you shall not use any metatags or other “hidden text” using Kable’s name or trademarks; (iv) you shall not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kable or any of Kable’s providers or any other third party (including another user) to protect the Services or Content; (v) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (vi) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vii) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (viii) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update, or other addition to the Services shall be subject to these Terms. Kable, its suppliers, and service providers reserve all rights not granted in these Terms. 
9. ‍Rights and Terms for Apps.
   1. Rights in App Granted by Kable. Subject to your compliance with these Terms, Kable grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a device that you own or control, and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) except through the App’s standard chat functionality, make the functionality of the App available to multiple users through any means. Kable reserves all rights in and to the App not expressly granted to you under these Terms. 
   2. Accessing App from the App Store. The following terms apply to any App accessed through or downloaded from any third-party app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that: 
      1. These Terms are concluded between you and Kable, and not with the App Provider, and Kable (not the App Provider) is solely responsible for the App.
      2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
      3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kable.
      4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      5. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Kable will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
      6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
      7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      8. You must also comply with all applicable third-party terms of service when using the App.
10. DMCA/Copyright Policy. Kable respects copyright law and expects its users to do the same. It is Kable’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest that is allegedly being infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if applicable, e-mail address;
    5. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, and/or the law; and
    A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner of or authorized to act on behalf of the copyright owner of, an exclusive right that is allegedly being infringed. Written notification of claimed infringement must be submitted to Kable’s Copyright Agent:
    
    Copyright Agent
    Kable LLC
    929 Alton Road, Ste 500
    Miami Beach, Florida 33139
    ‍
    legal@kable.tv
    ‍For clarity, only such DMCA notices should be sent to the Copyright Agent
11. Third-Party Services. The Services may contain links to and/or provide interoperability with third-party websites, resources, content, platforms, services, programs, content and other offerings (collectively, “Third-Party Services”). Third-Party Services presented to you over the Services are not owned by Kable and Kable does not claim any ownership of any trademark or other intellectual property right in any such Third-Party Services. Kable is not responsible for the Third-Party Services or any content, products or services made on or available from any Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Services.
12. ‍Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time with or without notice to you. You may terminate your account to the Services at any time by accessing your user account settings through the platform. Upon any termination, discontinuation or cancellation of the Services or your Account, any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, shall survive any such termination.

1. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Content. For clarity, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services.
2. Indemnity. You will indemnify and hold harmless Kable and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms. Kable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
3. Limitation of Liability. a) KABLE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR INVASION OF PRIVACY, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KABLE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL KABLE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS (US$100.00).

1. As detailed herein, these Terms mandate that all disputes between you and Kable be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms further mandate that all disputes (except those identified in Section 4) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section carefully as it may significantly affect your legal rights.
2. Informal Dispute Resolution.
   For any and all disputes between you and Kable, the parties shall use their best efforts to informally settle the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration. To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Kable that you initiate, you agree to send to Kable (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: arbirtation@kable.tv. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Kable initiates, we will send our written description of the dispute to the email address associated with your use of the Services. If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and Kable agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below. A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.
3. Binding Arbitration. After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process (Section 2), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to arbitration@kable.tv. If Kable is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Services.
   1. Mutual Arbitration Agreement.
      Except as set forth in Section 4 below, you and Kable agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms— including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 3 (collectively, the “Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”), including with respect to the interpretation and enforcement of the Arbitration Agreement. This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth below. Except as set forth herein, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
   2. WAIVER OF RIGHTS INCLUDING JURY TRIAL.
      THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND KABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
   3. CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.
      YOU AND KABLE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT HEREIN, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF KABLE PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
   4. Except as set forth below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision(s) were not contained herein.
   5. Arbitration Location and Procedure. If you are a resident of the United States, arbitration will take place in the county where you reside. 
   6. The Arbitration Rules.
      1. The Provider.
         The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.
         Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at http://www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section IV while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
      2. Arbitration Procedure.
         The arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution procedures contemplated by this Arbitration Agreement.
      3. Arbitration Demand Must Contain Sufficient Information.
         Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms.
      4. Arbitration Conducted on Papers in Some Circumstances.
         If the amount in controversy does not exceed US$10,000.00 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and Kable submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds US$10,000.00 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
      5. Dispositive Motions.
         Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
      6. Batching.
         To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with these Terms)(i) if NAM is unavailable) against Kable within reasonably close temporal proximity (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with these Terms)(i) if NAM is unavailable) in its discretion; (D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Kable and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
         Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Kable and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that NAM may increase or decrease the batch size, or transfer a case between batches in the reasoned discretion of the NAM procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
         This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
      7. Mediation Following First Batch in a Mass Filing.
         The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Kable and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Kable, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Kable or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Kable nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
      8. No Class or Consolidated Arbitration Absent Written Consent.
         Unless Kable otherwise consents in writing, which it may do on a case-by-case basis, Kable does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth hereunder.
      9. Arbitration Award.
         The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the procedures set forth in this Arbitration Agreement, and also must be consistent with the terms of the “Limitation of Liability” section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
4. Exceptions to Arbitration.Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth herein:
   1. IP Disputes. Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought in the state and federal courts located in Miami, Florida.
   2. Small Claims Court and Statutes of Limitation.Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
   3. Jurisdiction/Service of Process. For any dispute not subject to arbitration under this Section IV, you and Kable agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Miami, Florida. You further agree to accept service of process by U.S. or certified mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
   4. 30-Day Right to Opt Out.
      You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: legal@kable.tv. The notice must be sent within 30 days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of the arbitration provisions, Kable also will not be bound by them. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Kable changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described in Section 4.
      Kable will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Kable.
5. Changes to this Section.
   Kable will provide 30 days’ notice of the date of any material changes to this Section IV. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when such claims may have accrued. If Kable changes this Section IV after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.
6. Class Action Waiver. To the extent a dispute between you and Kable is not subject to arbitration in accordance with Section IV, you may only resolve your dispute with Kable on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. To the extent a dispute between you and Kable is subject to arbitration, the terms set forth in Section IV shall apply, including those regarding class arbitration, private attorney general arbitration, arbitration involving joint or consolidated claims, and batching.

1. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section IV above “Arbitration Agreement” the exclusive jurisdiction for all Disputes (defined below) that you and Kable are not required to arbitrate will be the state or federal courts located in Miami, Florida, and you and Kable each waive any objection to jurisdiction and venue in such courts.
2. Services are for the United States. The Services are controlled and offered by Kable from its facilities in the United States of America and intended for use and consumption in the United States of America. Kable makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. 
3. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Kable and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kable and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Kable’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Kable may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. b) Notices. Any notices or other communications provided by Kable under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
4. Waiver of Rights. Kable’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kable. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Headings are for convenience only and are not to be considered in construing or interpreting these Terms. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms shall be deemed amended to the extent necessary to make it legal, valid and enforceable.

Contact Information. If you have any questions about these Terms or our Services, please contact us via support@kable.tv or at: Kable LLC, 929 Alton Road, Ste 500, Miami Beach, Florida 33139.