Updated: March 12, 2021
IF YOU HAVE A TRUE EMERGENCY OR IMMEDIATE THREAT TO LIFE, PLEASE CALL 911 IMMEDIATELY! This website and any applications, mobile services, phone lines, and voicemail services of Company cannot be used to report emergencies or immediate threat to life. Do not attempt to contact, apprehend, pursue and/or interfere with any fugitive on your own – notify proper law enforcement in each. You acknowledge and agree that you should not attempt to contact, apprehend, pursue and/or interfere with any fugitive on your own; instead, you should contact law enforcement directly to handle in each instance. America’s Most Wanted Services are not intended to be a replacement for law enforcement or meant to fulfill any independent reporting requirements. You agree that you are responsible for determining the proper law enforcement agency, if any, when applicable, and whether you have any obligations to law enforcement including, without limitation, any reporting obligations. You acknowledge and agree that you are responsible for your obligations to law enforcement.
Company furnishes the Site and America’s Most Wanted Services for your personal benefit, enjoyment and entertainment. By visiting the Site or using America’s Most Wanted Service, you accept and agree to be bound by this Agreement and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or any other America’s Most Wanted Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Site and America’s Most Wanted Services immediately.
Your access to and use of certain America’s Most Wanted Services may require you to accept additional terms and conditions applicable to such America’s Most Wanted Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.
Tip Information Requirements and Security
Use of America’s Most Wanted Services is limited to users 13 years of age and older. You take full responsibility for your participation on the America’s Most Wanted Services. As a condition of using certain features on the America’s Most Wanted Services, you may be required to register and/or provide information on the America’s Most Wanted Services. All information you submit to us in connection with America’s Most Wanted Services must be accurate, complete and kept up to date. Your failure to do so will constitute a breach of this Agreement. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. Company takes no responsibility as to changes in your contact information that may impact eligibility for any rewards provided by law enforcement. You are not required to submit your contact information in connection with the Tip Information. If you choose to remain anonymous, you understand and agree that you will not submit your name or contact information in connection with the Tip Information. If you choose to remain anonymous but provide your contact information as part of the Tip Information, then you acknowledge and agree that Company, Company’s service providers and/or law enforcement may or may not use your contact information (if any), to contact you with questions and/or to request additional detail. Company makes no guarantee that it will maintain any name or contact information submitted in connection with the Tip Information confidential. To be eligible for any applicable reward from law enforcement, name, email address and phone number are required. Law enforcement may contact you for further information about your Tip Information. Any rewards relating to Tip Information are from law enforcement and not from Company, Company Affiliates and/or their employees, agents and contractors. Any questions regarding rewards should be addressed directly with the applicable law enforcement agency offering such reward. This Agreement does not govern or apply to any such reward.
Access and Your Contributions to America’s Most Wanted Services
The Company Site and America’s Most Wanted Services are intended solely for your personal and non-commercial use. Company may change, suspend or discontinue the Company Site and/or America’s Most Wanted Services (or any feature thereof) at any time. Company may also impose limits on certain features and services offered on the Company Site and/or America’s Most Wanted Services and/or restrict your access to parts or all of the Company Site and/or America’s Most Wanted Services without notice or liability. You acknowledge that from time to time the Company Site and/or America’s Most Wanted Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company. You acknowledge and agree that any Tip Information submitted by you may or may not be shared with or used by Company and/or law enforcement authorities. You acknowledge and agree that Company shall have no responsibility in connection with any use of Tip Information by law enforcement. You acknowledge and agree that your use of the America’s Most Wanted Services does guarantee any contact with active law enforcement. You acknowledge and agree that any Tip Information submitted by you is correct to the best of your knowledge and is submitted in good faith. You are responsible for any Tip Information submitted that is false and/or not submitted in good faith.
Unless terminated by Company in its sole discretion, this Agreement remains in full force and effect while you use the Site and/or America’s Most Wanted Services. Company may terminate your access and/or use to the America’s Most Wanted Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the America’s Most Wanted Services is terminated by you or by Company, this Agreement will remain in full force and effect with respect to your past and future use of the Site or the America’s Most Wanted Services. Any rights to your account terminate upon your death.
Limited Content License
Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content or America’s Most Wanted Services. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the America’s Most Wanted Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the America’s Most Wanted Services including geo-filtering mechanisms. Except as explicitly and expressly permitted by the Company or as necessary in order to make reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner. If you reference the Site, other America’s Most Wanted Services or Company Content, as permitted above, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site, America’s Most Wanted Services, Company or Company brands, including its respective licensors, employees, agents, directors, officers and/or shareholders.
You may not, without the Company’s written permission, “mirror” any Contents contained on the Company Site, America’s Most Wanted Services or any other server. You may not use the Company Site or America’s Most Wanted Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Company Site or America’s Most Wanted Services in any manner that could damage, disable, overburden, or impair the Company Site or America’s Most Wanted Services, or interfere with any other party’s use and enjoyment of the Site or America’s Most Wanted Services. You may not attempt to gain unauthorized access to the Company Site or America’s Most Wanted Services through hacking, password mining or any other means. Company reserves the right, in its sole discretion, to terminate your access to the Company Site and/or America’s Most Wanted Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of America’s Most Wanted Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Site or on, through or in connection with the America’s Most Wanted Services, including Tip Information (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to User Content you provide. Accordingly, please choose User Content carefully. You acknowledge and agree that any Tip Information does not include any creative, confidential or proprietary information.
You agree not to use the Site or America’s Most Wanted Services to:
- Post, upload or otherwise transmit or link to Content that is unlawful, threatening, abusive, obscene, vulgar, sexually explicit, pornographic or inclusive of nudity, offensive, excessively violent, invasive of another’s privacy, publicity, contract or other rights, tortious, false or misleading, defamatory, libelous, hateful, or discriminatory.
- Post, upload or otherwise transmit or link to Content that you do not own or for which you do not hold the rights or have the authorization or permission to disseminate.
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights.
- Harass or harm or endanger another person.
- Exploit or endanger a minor.
- Impersonate or attempt to impersonate any person or entity.
- Introduce or engage in activity that involves the use of viruses, bots, worms, 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 otherwise permit the unauthorized use of or access to a computer or a computer network.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Site or the America’s Most Wanted Services.
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site and/or America’s Most Wanted Services, including Company’s servers, networks or accounts.
- Cover, remove, disable, block or obscure advertisements or other portions of the Site and/or America’s Most Wanted Services.
- Delete or revise any information provided by or pertaining to any other user of the Site and/or America’s Most Wanted Services.
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Site and/or America’s Most Wanted Services, or to circumvent or modify any security technology or software that is part of the America’s Most Wanted Services.
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the America’s Most Wanted Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Company $50 for each actual or intended recipient of such communication.
- Solicit, collect or request any personal information for commercial or unlawful purposes.
- Post, upload or otherwise transmit an image or video of another person without that person’s consent.
- Engage in commercial activity (including but not limited to advertisements or solicitations of business, sales, contests, sweepstakes, creating, recreating, distributing or advertising an index of any significant portion of the Company Content, or building a business using the Company Content) without Company’s prior written consent.
- Advertise or promote competing services.
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You will not (i) use technology or any other means that is not authorized by the Site or America’s Most Wanted Services to access, index, frame, or link to the Site or America’s Most Wanted Services (including the Content) (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Company Content) or (ii) access the Site or America’s Most Wanted Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site or other Company Service and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content.
In addition, you agree you will not use the Site or America’s Most Wanted Services in any manner inconsistent with any and all Applicable Law.
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company, or for any other reason, in Company’s sole discretion and without notice to you. You acknowledge that the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the Site or other America’s Most Wanted Services or that we have collected about you, including User Content and your account registration information, including when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of America’s Most Wanted Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction. You acknowledge and agree that if you submit Tip Information to Company about a fugitive featured on America’s Most Wanted, Company and Company’s service providers may or may not use the information you submit, including your contact information (if any), to contact you with questions and/or to request additional detail. Company and Company’s service providers may or may not review the information you submit and may, but do not have the obligation to, share the information with relevant law enforcement agencies, who may or may not use the information for their own purposes, as well as to contact you. Following your submission of Tip Information, you may not receive any response from law enforcement.
Company reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Company assumes no responsibility for any loss of your User Content due to its being removed by Company or for any other reason.
Your Proprietary Rights in and License to Your User Content
Company does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Site or America’s Most Wanted Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Company Content or content owned or controlled by a Company Affiliate. By posting or transmitting any User Content, including Tip Information on, through or in connection with America’s Most Wanted Services, you hereby grant to Company and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, broadcast, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes, provided that you are not required to submit your contact information as part of any Tip Information. However, to be eligible for any applicable reward from law enforcement, name, email address and phone number are required. Law enforcement may contact you for further information about your tip. Additionally, Company is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including America’s Most Wanted Services. Company’s use of such User Content, shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Company as your agent with full authority to execute any document or take any action Company may consider appropriate in order to confirm the rights granted by you to Company in this Agreement.
Company, Company’s service providers and/or law enforcement may contact you in connection with your Tip Information, if you provided contact information, or to periodically send notifications or promotional materials related to the America’s Most Wanted Services. If you want to stop receiving promotional materials, follow the unsubscribe instructions at the bottom of each email. There are certain service notification and other non-promotional emails that you may not opt-out of, such as notifications of changes to the America’s Most Wanted Services or policies.
If you submit Tip Information to Company about a fugitive featured on “America’s Most Wanted”, Company, Company’s service providers and/or law enforcement may use the information you submit, including your contact information (if any), to contact you with questions and/or to request additional detail. Company and Company’s service providers have the right (but not the obligation) to review the Tip Information you submit and may, but do not have the obligation to, share the Tip Information with applicable law enforcement agencies, who may or may not use the Tip Information for their own purposes, as well as to contact you.
You represent and warrant that: (i) you own the User Content Transmitted by you on the Site, through or in connection with America’s Most Wanted Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content, including Tip Information, by you on, through or in connection with America’s Most Wanted Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through America’s Most Wanted Services.
Removal of Material that Infringes Copyright
Company respects the intellectual property of others and requires that our users do the same. Company will respond expeditiously to claims of copyright infringement and reserves the right to remove or disable access to any Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth below. Company also has a policy that provides for the termination in appropriate circumstances of account holders of America’s Most Wanted Services who are repeat infringers.
If you believe material on the Site and/or America’s Most Wanted Services infringes your copyright.
If you believe that any material residing on or linked to from the Site and/or America’s Most Wanted Services infringes your copyright, you must send Company’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site and/or America’s Most Wanted Services (such as the URL(s) of the claimed infringing material);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
(f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be as follows:
2121 Avenue of the Stars, Suite 900
Los Angeles, CA 90067
This contact information is exclusively for the purpose of notifying Company of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.
If you posted material to Company Service that was removed due to notice by a copyright owner.
If you posted material to America’s Most Wanted Services that Company removed due to a notice of claimed infringement from a copyright owner, Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Site or Company Service or by written or electronic communication to such address(es) you have provided to Company, if any.
You may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as described above, that includes the following:
(i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
(iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Third Party Links and Services
Company takes no responsibility for third party advertisements which are posted on the Site or other America’s Most Wanted Services, nor does it take any responsibility for the goods or services provided by its advertisers.
THE AMERICA’S MOST WANTED SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE AMERICA’S MOST WANTED SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE AMERICA’S MOST WANTED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE AMERICA’S MOST WANTED SERVICES WILL BE CORRECTED, THAT THE AMERICA’S MOST WANTED SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE AMERICA’S MOST WANTED SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE AMERICA’S MOST WANTED SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE AMERICA’S MOST WANTED SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE AMERICA’S MOST WANTED SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE AMERICA’S MOST WANTED SERVICES, OR THE CONDUCT OF ANY USERS OF THE AMERICA’S MOST WANTED SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT ANY TIP INFORMATION SUBMITTED MAY NOT BE SENT TO LAW ENFORCEMENT, AND MAY OR MAY NOT BE REVIEWED OR USED BY COMPANY AND/OR LAW ENFORCEMENT. LAW ENFORCEMENT AUTHORITIES MAY CONTACT YOU. IN NO EVENT IS COMPANY, COMPANY AFFILIATES, AND/OR OR THEIR EMPLOYEES, AGENTS AND CONTRACTORS RESPONSIBLE FOR LAW ENFORCEMENT’S USE OF, IMPLEMENTATION AND/OR SECURITY OF TIP INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE AMERICA’S MOST WANTED SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE AMERICA’S MOST WANTED SERVICES.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE AMERICA’S MOST WANTED SERVICES DURING THE TERM OF YOUR USE OF THE AMERICA’S MOST WANTED SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE AMERICA’S MOST WANTED SERVICES DURING THE TERM OF YOUR USE OF THE AMERICA’S MOST WANTED SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE AMERICA’S MOST WANTED SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE AND/OR AMERICA’S MOST WANTED SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF SITE.COM OR THE AMERICA’S MOST WANTED SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
Company provides the Site and America’s Most Wanted Services in the United States of America. Company does not represent that the Company Content, the Site or America’s Most Wanted Services are appropriate (or, in some cases, available) for use in other locations. If you use the Site or America’s Most Wanted Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Site or America’s Most Wanted Services.
U.S. Export Controls
Software available in connection with the Site and America’s Most Wanted Services is further subject to United States export controls. No such software may be downloaded from the Site or America’s Most Wanted Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
Arbitration Agreement and Class Action Waiver
(1) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Company, regarding any aspect of your relationship with Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court.
(3) Each of you and Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 9 below).
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages) provided that they are recoverable under this Agreement.
(5) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.
(6) Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of this Agreement.
(7) If either you or Company wants to arbitrate a claim, you or Company must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to: Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. The Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the Company at the address listed above to which you sent your Notice of Dispute.
(9) You and the Company acknowledge and agree to abide by the following rules for arbitration:
(a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and the terms of this Agreement; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 8 below.
(10) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and the Company acknowledge and agree to abide by the following:
- If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), Company will pay the filing fee on your behalf or reimburse your payment of it.
- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.
- Company and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.
- Company and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
(11) Regardless of how the arbitration proceeds, each of you and Company shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and Company may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Company failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Company’s highest settlement offer, then Company will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Agreement. The arbitrator also may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(14) You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and Company agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Company must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement, the Site or America’s Most Wanted Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR THE AMERICA’S MOST WANTED SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold Company, its Company Affiliates, stations affiliated with Company, producers of Company content, each advertiser, sponsor and their advertising agencies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of the Site or America’s Most Wanted Services (including, without, limitation, any Tip Information submitted by you), your breach of this Agreement, your violation of any rights of another or any Content that you Transmit through America’s Most Wanted Services.
Company does not knowingly accept, via America’s Most Wanted Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via America’s Most Wanted Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company (and are not User Content licensed by you to Company under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of America’s Most Wanted Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of America’s Most Wanted Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of America’s Most Wanted Services or information provided to or gathered by us in connection with such use.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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