You agree to the Arbitration Agreement and class action waiver described in Section 14, as applicable, to resolve any disputes with us (except for matters that may be taken to small claims court).
5. The Water Channel Service
b. The The Water Channel service, and any content viewed through the The Water Channel service, is for your personal and non-commercial use only. During your The Water Channel membership, we grant you a limited, non-exclusive, non-transferable, license to access the The Water Channel service and view our content 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 The Water Channel content through the The Water Channel service only within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch may vary by geographic location.
d. We continually update the The Water Channel 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 content, 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.
f. The availability of content to watch will change from time to time, and from country to country. The quality of the display of the streaming content 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. The Water Channel makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching The Water Channel content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your The Water Channelready device.
g. 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 The Water Channel service. If your The Water Channel ready device is sold, lost or stolen, please deactivate the The Water Channel ready device. If you fail to log out or deactivate your device, subsequent users may access the The Water Channel service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the ‘Your Account’ page of our website.
6. The Water Channel Software
b. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the The Water Channel software, whether in whole or in part, or create any derivative works from or of the The Water Channel software.
d. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (‘Application(s)’) that interact with the The Water Channel service. These Applications may import data related to your The Water Channel account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and The Water Channel is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY The Water Channel AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
7. Membership, Free Trials, Billing and Cancellation
1. Ongoing Membership. Your The Water Channel membership, which may start with a free trial, will continue month-to-month, or year-to-year, 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 Water Channel. We will bill the monthly or annual membership fee to your Payment Method. You must cancel your membership before it renews each month or year in order to avoid billing of the next month’s, or year’s membership fees to your Payment Method.
b. Free Trials
i. Your The Water Channel membership may start with a free trial. The free trial period of your membership lasts for as long as specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. We reserve the right, in our 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, if any, 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, if any, visit our website and click the ‘Subscription and Billing History Listing’ 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, if any.
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. NAVIGATE TO ‘YOUR ACCOUNT’ WITHIN The Water Channel (www.thewaterchannel.ca) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly or yearly basis for your membership fee until you cancel.
i. Recurring Billing. By starting your The Water Channel membership and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of The Water Channel to your Payment Method. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, including 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.
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 Water Channel 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 clicking on the ‘Your Account’ link. 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 The Water Channel membership at any time, and you will continue to have access to The Water Channel through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the ‘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 ‘Subscription and Billing History Listing’ on the ‘Your Account’ page.
8. Passwords & Account Access
a. The member who created the The Water Channel account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the The Water Channel 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. The Account Owner will need to enter the Account Owner’s password each time he or she accesses the The Water Channel service.’ If the Account Owner wishes to prohibit others from contacting The Water Channel Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details 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. The Water Channel 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. The Water Channel is not obligated to credit or discount a membership for holds placed on the account by either a representative of The Water Channel or by the automated processes of The Water Channel.
9. Disclaimers of Warranties and Limitations on Liability
a. The Water Channel AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH The Water Channel, ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. The Water Channel DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE The Water Channel SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. The Water Channel SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, The Water Channel READY DEVICES, AND The Water Channel SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL The Water Channel, 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.
10. Intellectual Property
a. Copyright. The The Water Channel service, including all content provided on the The Water Channel service, is protected by copyright, trade secret or other intellectual property laws and treaties.
b. 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 The Water Channel service, please notify us by via the contact method set out in the ‘Contact Us’ section of the The Water Channel website.
11. Governing Law
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
12. Use of Information Submitted. The Water Channel 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 The Water Channel service, including the The Water Channel 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 The Water Channel 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 The Water Channel does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to The Water Channel. 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 The Water Channel 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. Arbitration Agreement
i. If you elect to seek arbitration or file a small claim court action, you must first send to The Water Channel, by certified mail, a written Notice of your claim (‘Notice’). The Notice to The Water Channel must be addressed to: General Counsel, The Water Channel, 11263 180 St NW, Edmonton, AB, Canada, T5S 0B4 (‘Notice Address’). If The Water Channel 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 The Water Channel, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If The Water Channel and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or The Water Channel may commence an arbitration proceeding or file a claim in small claims court.
ii. 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 The Water Channel receives notice at the Notice Address that you have commenced arbitration, The Water Channel 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.
iii. 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 The Water Channel and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
iv. 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 The Water Channel’s last written settlement offer made before an arbitrator was selected (or if The Water Channel did not make a settlement offer before an arbitrator was selected), then The Water Channel 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.
c. YOU AND The Water Channel 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 The Water Channel 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.