Terms and Conditions

TryMovieSource.com Terms and Conditions

Last updated: March 18, 2015

Overview:

Welcome to TryMovieSource.com! We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment ("movies & TV shows") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("TryMovieSource.com ready devices").

These Terms and Conditions govern your use of our service. As used in these Terms and Conditions, "TryMovieSource.com service," "our service" or "the service" means the service provided by TryMovieSource.com for discovering and watching movies & TV shows, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with TryMovieSource.com (except for matters that may be taken to small claims court).
Please note that these Terms and Conditions include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms and Conditions through certain TryMovieSource.com ready devices, you may need to visit www.TryMovieSource.com.com/TermsOfUse to review these hyperlinked terms.

1. Acceptance of Terms and Conditions

a. These Terms and Conditions, which include our Privacy Policy (www.TryMovieSource.com.com/Privacy-Policy/), About Cookies and Internet govern your use of the TryMovieSource.com service. By using, visiting, or browsing the TryMovieSource.com service, you accept and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the TryMovieSource.com service.

b. The TryMovieSource.com service is provided by Epic Interactive Media Inc. Epic Interactive Media Inc. is providing the service to you (referred to as "TryMovieSource.com" in these Terms and Conditions) and with whom you are entering into this agreement, depends on the country from which you sign up for the TryMovieSource.com service.

2. Changes to Terms and Conditions. TryMovieSource.com may, from time to time, change these Terms and Conditions, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms and Conditions, if any, for the preceding 12-month period. You can see these prior versions by visiting this page when updates are done.

3. Privacy. Personally identifying information is subject to our Privacy Policy (www.TryMovieSource.com.com/Privacy-Policy/), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4. Communication Preferences. By using the TryMovieSource.com service, you consent to receiving electronic communications from TryMovieSource.com relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the TryMovieSource.com service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with TryMovieSource.com. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new TryMovieSource.com features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply opt out of our email newsletter. Please review our Privacy Policy (www.TryMovieSource.com.com/Privacy-Policy/) for further detail on our marketing communications.

5. Membership, Free Trials, Billing and Cancellation

a. Membership

i. Ongoing Membership. Your TryMovieSource.com membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the TryMovieSource.com service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with TryMovieSource.com by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

b. Free Trials

i. Your TryMovieSource.com membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. TryMovieSource.com reserves the right, in its absolute discretion, to determine your free trial eligibility.

ii. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. LOG INTO YOUR ACCOUNTAT TRYMOVIESOURCE.COM WEB PAGE (www.TryMovieSource.com.com) and cancel your account. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

c. Billing
i. Recurring Billing. By starting your TryMovieSource.com membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the TryMovieSource.com service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you.

iii. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event you’re paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your TryMovieSource.com membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms and Conditions, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

v. Payment Methods. You may edit your Payment Method information by visiting our website and logging into your account, available at the “Member Login” pages of the TryMovieSource.com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

vi. Cancellation. You may cancel your TryMovieSource.com membership at any time, and you will continue to have access to the TryMovieSource.com service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, log into "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for TryMovieSource.com using your account with a third party as a Payment Method, and wish to cancel your TryMovieSource.com membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the TryMovieSource.com service through that third party. You may also find billing information about your TryMovieSource.com membership by visiting your account with the applicable third party.

6. TryMovieSource.com Service

a. You must be 18 years of age to become a member of the TryMovieSource.com service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms and Conditions.

b. The TryMovieSource.com service and any content viewed through our service, are for your personal and non-commercial use only. During your TryMovieSource.com membership, we grant you a limited, non-exclusive, non-transferable, license to access the TryMovieSource.com service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

c. You may view a movie or TV show through the TryMovieSource.com service primarily within the country (United States) in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. TryMovieSource.com will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the "Your Account" page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

d. We continually update the TryMovieSource.com service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

e. You agree to use the TryMovieSource.com service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through the TryMovieSource.com service without express written permission from TryMovieSource.com and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TryMovieSource.com service; use any robot, spider, scraper or other automated means to access the TryMovieSource.com service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TryMovieSource.com service; insert any code or product or manipulate the content of the TryMovieSource.com service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TryMovieSource.com service, including any software viruses or any other computer code, files or programs.

f. The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. TryMovieSource.com makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your TryMovieSource.com ready device.

g. TryMovieSource.com streaming software is developed by, or for, TryMovieSource.com and is designed to enable streaming of content from TryMovieSource.com through TryMovieSource.com ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.TryMovieSource.com.com/) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE TRYMOVIESOURCE.COM AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the TryMovieSource.com service. If your TryMovieSource.com ready device is sold, lost or stolen, please deactivate the TryMovieSource.com ready device. If you fail to log out or deactivate your device, subsequent users may access the TryMovieSource.com service through your account and may be able to access certain of your account information. Please be sure to log out of device before logging into another device.

h. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms and Conditions or (ii) engaged in illegal or improper use of the service.

7. Passwords & Account Access

a. The member who created the TryMovieSource.com account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the TryMovieSource.com account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting TryMovieSource.com Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

b. In order to provide you with ease of access to your account and to help administer the TryMovieSource.com service, TryMovieSource.com implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the TryMovieSource.com service, which includes accessing via TryMovieSource.com ready devices or website.

c. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the TryMovieSource.com website and not through a hyperlink in an email or any other electronic communication, even if it looks official. TryMovieSource.com reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. TryMovieSource.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of TryMovieSource.com or by the automated processes of TryMovieSource.com.

8. Disclaimers of Warranties and Limitations on Liability

a. THE TRYMOVIESOURCE.COM SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TRYMOVIESOURCE.COM SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TRYMOVIESOURCE.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TRYMOVIESOURCE.COM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TRYMOVIESOURCE.COM SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TRYMOVIESOURCE.COM READY DEVICES, AND TRYMOVIESOURCE.COM SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TRYMOVIESOURCE.COM, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

d. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9. Gifts & Promotions. In certain jurisdictions, gift cards for the TryMovieSource.com service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website at www.TryMovieSource.com.com/gift. The purchase and redemption of gift cards are subject to the gift terms (www.TryMovieSource.com.com/GiftTerms). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by TryMovieSource.com in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

10. Intellectual Property

a. Copyright. The TryMovieSource.com service, including all content provided on the TryMovieSource.com service, is protected by copyright, trade secret or other intellectual property laws and treaties.

b. Trademarks. TryMovieSource.com is a registered trademark of TryMovieSource.com, Inc.

c. Patents. TryMovieSource.com has patents that apply to our service. For information on TryMovieSource.com patents visit www.TryMovieSource.com.com/patents.

d. Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the TryMovieSource.com service, please notify us by completing the Copyright Infringement Claims form (www.TryMovieSource.com.com/copyrights).

11. Governing Law

a. For all TryMovieSource.com members, these Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of law’s provisions.

b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

12. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the TryMovieSource.com service. These Applications may import data related to your TryMovieSource.com account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and TryMovieSource.com is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY TRYMOVIESOURCE.COM AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

13. Use of Information Submitted. TryMovieSource.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the TryMovieSource.com service, including the TryMovieSource.com website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TryMovieSource.com service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note TryMovieSource.com does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TryMovieSource.com. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TryMovieSource.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

14. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit TryMovieSource.com Help Center (www.TryMovieSource.com.com/help). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms and Conditions and information provided by Customer Support or other portions of our website, these Terms and Conditions will control.

15. Arbitration Agreement

a. If you are a TryMovieSource.com member in the United States (including its possessions and territories), you and TryMovieSource.com agree that any dispute, claim or controversy arising out of or relating in any way to the TryMovieSource.com service, these Terms and Conditions and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TryMovieSource.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your TryMovieSource.com membership.

b. If you elect to seek arbitration or file a small claim court action, you must first send to TryMovieSource.com, by certified mail, a written Notice of your claim ("Notice"). The Notice to TryMovieSource.com must be addressed to: General Counsel, TryMovieSource.com, Inc., 4452 Ensign Ave., Suite 203, North Hollywood, CA 91602 ("Notice Address"). If TryMovieSource.com initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by TryMovieSource.com, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TryMovieSource.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TryMovieSource.com may commence an arbitration proceeding or file a claim in small claims court.

c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after TryMovieSource.com receives notice at the Notice Address that you have commenced arbitration, TryMovieSource.com will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless TryMovieSource.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

e. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of TryMovieSource.com’s last written settlement offer made before an arbitrator was selected (or if TryMovieSource.com did not make a settlement offer before an arbitrator was selected), then TryMovieSource.com will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

f. YOU AND TRYMOVIESOURCE.COM AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and TryMovieSource.com agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
16. DVD Plans in the United States. If you are a TryMovieSource.com member in the United States on a DVD plan, the DVD Terms and Conditions (www.TryMovieSource.com.com/dvdterms) also apply to your use of the TryMovieSource.com service.

17. Survival. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

18. DVD Rental Terms and Conditions

These DVD Terms and Conditions contain details on your right and license to use DVDs through the TryMovieSource.com service. Our unlimited DVD plans do not include access to streaming. If you wish to access TryMovieSource.com's streaming service, you must subscribe to the TryMovieSource.com unlimited streaming plan. These DVD Terms and Conditions constitute a part of the TryMovieSource.com Terms of Use and govern your use of our DVD rental service. As used herein, references to "DVD" include standard definition or Blu-ray discs, and references to the "TryMovieSource.com service" or "services" include DVD rentals.

Billing

You expressly agree that we are authorized to charge you a monthly membership fee for the DVD rental service at the then current rate, and any other charges you may incur in connection with your use of the TryMovieSource.com service to the Payment Method you provided. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, changes in your membership plan, changes in the amount of applicable sales tax, and charges for lost DVDs or DVDs not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts.

Cancellation

You may cancel your TryMovieSource.com membership at anytime. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED DVDs. Upon cancellation, you are given seven days to return any outstanding DVDs. Failure to return such DVDs will result in your Payment Method being billed for such items. We will send you a reminder email concerning unreturned DVDs prior to charging your Payment Method.

How Our DVD Service Works

Under DVD plans, members select movies & TV shows at our website, receive them on DVD by U.S. mail and return them using prepaid mailers, with no due dates, late fees or shipping charges. After a DVD is returned, we mail the next available DVD.

The Number of DVDs You Can Rent: A large majority of our members rent between 2-11 DVDs per month. We provide a number of different membership plans to accommodate a variety of movie and TV watching preferences. Click on the "Your Account" link, located at the top of the pages of the TryMovieSource.com website and see "Change Plans" for details on the various plans we offer. To view your current plan and other details, click on "Membership Terms and Details" on the "Your Account" page. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent, however, the actual number of DVDs you rent in any month will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). You may modify your plan by clicking on the "Change Plan" link on the "Your Account" page.

Delivery Speed: We utilize the U.S. Postal Service and a nationwide network of local distribution centers to send and receive DVDs you have selected to rent. We have located these centers in such a manner as to provide fast and efficient delivery to our members. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the large majority of our members are able to receive their DVDs in about one business day following our shipment of the requested DVD from their local distribution center. Please note that not all deliveries will be from your local distribution center. The delivery times you encounter will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). At present, we send you an email letting you know when we have received a returned DVD, and we also send you another email letting you know when we have shipped your next DVD, including the anticipated day of delivery.

No Due Dates or Late Fees: Provided you continue to be a paying member of our service, you may keep the DVDs delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You are required to return the DVDs within seven days following any cancellation of the service or be subject to charge for unreturned DVDs. Also, you may be charged for DVDs that you lose. Currently, as an additional member benefit, we may replace the occasional lost DVD free of charge. However, in the rare event that the number of lost DVDs on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and may charge your credit card, debit card or other payment method accepted on our website ("Payment Method") for the estimated cost of the lost DVD(s). You hereby authorize us to charge your Payment Method for any lost DVD(s). We will alert you of any potential charges for lost DVD(s) prior to charging your Payment Method.

Your Queue: DVDs that you select to rent are placed into your own Queue. You may add movies & TV shows or adjust the Queue at anytime. Click the "Queue" tab to make adjustments, review requested DVDs or to see which DVDs you currently have out. We determine which DVDs to send you based on the DVDs in your Queue and the priority in which you have listed them. We endeavor to ship to you the DVDs listed highest in your Queue; however when availability is limited, we may ship you DVDs lower on your Queue. At the time a movie or TV show is added to your Queue, we let you know of its availability. At present, a message indicating availability as "now"; "short wait"; "long wait" or "very long wait" appears as you have selected a movie or TV show, and it also is stated in your Queue so you can monitor availability. To see how we define these availability measures, click here. The availability you experience may vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). Adjustments made to your Queue may not immediately impact your next shipment. In certain instances you may have adjusted your Queue before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.

Allocation, Delivery and Return of Rented DVDs: We reserve the right to process orders and otherwise allocate and ship DVDs among our members in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular movie or TV show, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always send you the top choices from your Queue, ship out your next DVD on the same day that we receive one from you, or process orders from your local distribution center.

At present, our goal is to ship you the DVDs listed highest in your Queue. Also, we currently try to ship you DVDs from the distribution center closest to you so that you get them quickly. Generally, on the same day that we receive a DVD from you, we ship the next available DVD from your Queue. In certain instances, your next available DVD will not ship until at least one business day following our receipt of your returned DVD. This can occur, for example, when your top choices are not available to you from your closest distribution center or the number of shipments to be processed by the distribution center on that day has been exceeded. When one or both of these conditions exist, your DVD will likely ship on the next business day and may come from an alternate distribution center.

In determining priority for shipping and inventory allocation, we may utilize many different factors, including the number and type of DVDs you rent through our service, the membership plan you select, as well as other uses of our service by you. For example, if all other factors are the same, we give priority to those members who receive the fewest DVDs through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of DVDs you rent in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes, (i) the shipment of your next available DVD occurring at least one business day following return of your previously viewed DVD, (ii) delivery taking longer, as the shipments may not be sent from your local distribution center and (iii) the DVDs you receive coming from lower in your Queue more often than our other members. These effects will not occur unless we are faced with limited inventory at your local distribution center or when the number of shipments to be processed by that distribution center on that day is exceeded. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent.

Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your DVD was shipped and your delivery address, (ii) the timing of your placement or adjustment of DVDs in your Queue, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems.

We receive mail from the U.S. Postal Service and generally process returns Monday through Friday, except Holidays and other days in which the local TryMovieSource.com processing facility may have reduced operating hours (e.g., Anchorage, Alaska Hub processes Monday-Thursday). Generally all of the returns are processed on the same day received. We send an email to you soon after processing your return, and another email letting you know when we have shipped your next DVD, including the anticipated day of delivery. We make no guaranty as to the shipping and delivery of DVDs and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our members.

Occasionally we are able to identify personal CDs, DVDs or other items inadvertently submitted to us as part of our rental return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal CDs, DVDs or other items are re-transmitted inadvertently to members during our normal shipping and receiving operations. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items, or failure to return personal items inadvertently submitted to TryMovieSource.com. We encourage you to be careful in returning items to us in our postage paid envelopes.

Features & Functionality

Blu-ray Access

We offer a limited number of titles in Blu-ray format. U.S. members on a DVD plan who wish to receive movies & TV shows in Blu-ray format must add Blu-ray access by clicking on "Add Blu-ray access" under the "Your Account" link. Blu-ray access is subject to an additional monthly fee which will be added to your applicable monthly membership fee and charged to your Payment Method. When you add Blu-ray access, the Blu-ray fee applies whether or not you receive a Blu-ray disc during your billing period and will continue to be charged each month along with your current monthly membership. The allocation, delivery and return of Blu-ray discs is governed by the "Allocation, Delivery and Return of Rented DVDs" above. By adding Blu-ray access, you authorize us to charge your Payment Method monthly for the Blu-ray fee plus applicable tax, in addition to your monthly membership. You may cancel Blu-ray access at any time, although there are no refunds or credits of the Blu-ray fee for partially used periods.

Profiles℠

Our Profiles feature allows you to create separate sub-accounts, called Profiles, under one membership plan. Each Profile will be able to have its own ratings history and recommendations tailored to the sub-account member's tastes, and its own Queue.

To create a new Profile, the member who created the first TryMovieSource.com account and whose Payment Method is charged, known as the Account Owner, must click on the "Your Account" link and click on "Add Profile." An Account Owner may create up to four additional Profiles.

The Account Owner has access and control over each Profile, including all of the information provided and features selected for that Profile such as the sub-account member's name, password, and maturity level. The Account Owner's control over Profiles is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit sub-account members from contacting TryMovieSource.com Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal Payment Method details (i.e., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account to sub-account members. A Profile's individualized password, established by the Account Owner, allows each sub-account member to gain access to the tailored Profile features, recommendations and Queue. All information within each Profile is personal to that Profile and cannot be seen by other sub-account members. The Account Owner, however, can see all such information. The Account Owner may terminate access to any Profile by changing the sub-account member's password and not disclosing this to that sub-account member. The sub-account member will not be able to log in upon his or her next attempt to do so.

The Account Owner will determine how to allocate DVDs among the sub-account members provided, however, the total number of DVDs out cannot exceed the number that are available in your plan. The Account Owner will receive e-mail delivery notices informing the Account Owner of all DVDs shipped under the Account. The sub-accounts members will not receive any e-mail notices.

BY ESTABLISHING A PROFILE, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT ALL SUB-ACCOUNT MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE SUB-ACCOUNT MEMBERS. BY CREATING A PROFILE, YOU ARE EXPRESSLY CONSENTING TO TRYMOVIESOURCE.COM COLLECTING THE INFORMATION YOU PROVIDE IN ESTABLISHING THE PROFILE AND UNDERSTAND THAT TRYMOVIESOURCE.COM WILL ASSOCIATE RATINGS PROVIDED BY THE SUB-ACCOUNT MEMBER WITH THE INFORMATION YOU PROVIDE. The personally identifying information is subject to our Privacy Policy. If you do not wish to share personal information, you may provide a pseudonym on the profile account.

Parental Controls. Profiles may be used by parents who wish to dedicate a separate Queue to their rental of movies & TV shows for their children. However, the Profiles feature is not intended to be used by children without involvement and oversight from a parent. Therefore, if an Account Owner sets a G or PG rating for a Profile, the Account Owner should use his/her own name or a pseudonym, rather than that of the child, and should not reveal to the child the password for the Profile.

The Profiles feature allows the Account Owner to restrict the maturity level of DVDs that may be placed in the Profile's Queue and to have the DVD mailer addressed to the Account Owner instead of the Profile name.

Setting a maturity restriction affects which movies & TV shows are presented to the restricted Profile on the TryMovieSource.com website, will block movies & TV shows with more mature ratings from being added to that Profile's Queue, and will prohibit previews for the restricted movies & TV shows from displaying for that Profile. However, the restriction on adding these movies & TV shows to the Queue can be overridden on a title-by-title basis when you access your account from your computer and enter the Account Owner's password after clicking the 'add' button associated with the desired movie or TV show.

You may address any concerns or questions regarding the information collected to TryMovieSource.com's General Counsel at 5250 Lankershim Blvd., Suite 555, North Hollywood CA 91601. We reserve the right to modify the Profiles feature at any time without notice.