Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Be sure to read the Terms of Service as amended or otherwise modified and in effect from time to time (the “Terms of Service” or “TOS”) below, as they cover the terms and conditions that apply to your use of this website, our mobile applications or other interfaces (the “Website” or “Site”). MustWatch LLC Funding Portal Inc. (“MustWatch LLC”) may change the TOS from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the TOS. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THE TOS, OR IF YOU ARE NOT ELIGIBLE, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE OR USE THE SERVICES.

This TOS provides that all disputes between you and MustWatch LLC will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with MustWatch LLC. The terms of the Arbitration Agreement are incorporated into the TOS by this reference.

As used in the TOS, the terms "you" and "your" mean each individual or entity that accesses, browses or uses the Site in any manner. If you are accessing the Site on behalf of an entity, you represent and warrant to MustWatch LLC that you have the authority to bind the entity you represent to the TOS. Your agreement to this TOS will be treated as the agreement of the entity you represent.

MustWatch LLC may modify the TOS or add, change or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the Site. Your use of the Site following any such posted addition, change or deletion constitutes your agreement to be bound by and your acceptance of the TOS as so modified. It is therefore important that you review the TOS regularly. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THE MODIFIED TOS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND/OR USE THE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE DOING SO.

Use of the Site and the services is subject to the Privacy Policy. The terms of the Privacy Policy are incorporated into the TOS by this reference.

General Terms and Conditions

In consideration of use of the Site, you agree to: (a) provide true, accurate, current, complete and not misleading information about yourself as prompted throughout the Site and (b) to maintain and update this information to keep it true, accurate, current, complete and not misleading. If any information provided by you is untrue, inaccurate, not current, incomplete or misleading, or if you do not provide information on a timely or cooperative basis, MustWatch LLC has the right to terminate your account and refuse any and all current or future use of the Site. You agree to take full responsibility for any consequences stemming from your providing any untrue, inaccurate, not current incomplete, or misleading information and agree that MustWatch LLC did not willfully aid, abet, or facilitate the publication of any such information. You agree to not resell or transfer your use of or access to the Site.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

By using the MustWatch LLC.com website, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. The Site is provided “as is”, without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Site. Specifically, MustWatch LLC disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Neither MustWatch LLC nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of MustWatch LLC, its employees, agents, successors, assigns, affiliates, website co-branding providers and content or service providers respective liability is limited to the greatest extent permitted by such state law.

MustWatch LLC is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. MustWatch LLC does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

MustWatch LLC reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other websites for which MustWatch LLC assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to this Website“ below.) The content presented at this Site may vary depending upon your browser limitations.

Services

Among other services, this Site presents information regarding potential investments and allows you the opportunity to designate investment opportunities in which you would like to participate. However, such selection does not mean that you will be permitted to participate in such transaction. Our decisions to permit your participation are subject to, among other things, demonstration to our satisfaction that you meet legal requirements for participation, consent of relevant third parties, execution of definitive documentation, and our discretion. We make no representation or warranty that the potential transaction you have identified will take place, or that if it takes place that you will be allowed to participate. If you are offered the opportunity to participate in a transaction, you may be required to sign additional documentation. You agree to use your best efforts to cooperate and furnish timely, complete and accurate information to MustWatch LLC as requested from time to time to facilitate your participation in investments and MustWatch LLC reserves the right, in its discretion, to bar, terminate, exclude or withdraw your ability to make any investment at any time for any reason. Watch Party LLC management decisions are final in all matters relating to the Site, services and other activities related to the Site.

MustWatch LLC may use, publicly display, and publicize your name and likeness for advertising, promotion, and other commercial business purposes, without any additional consideration or compensation. MustWatch LLC may also describe your role in relation to our business.

In order to use the payment functionality of our application, you must open a “Access API” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at help@Watch Party LLC.com.

User Conduct On the Site

While using the Site, you may not:

  • restrict or inhibit any other user from using and enjoying the Site; or
  • post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; or
  • post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes; or
  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder;
  • upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
  • violate any applicable law, regulation, or contract;
  • collect or resell data containing other Users’ profile or personal information or any other information on the Site;
  • misrepresent yourself in any way;
  • make any false, misleading, or inaccurate statements or omit any information necessary for any statement not to be false, misleading or inaccurate;
  • take any action that imposes or may impose (as determined by MustWatch LLC in its sole discretion) an unreasonable or disproportionately large load on Watch Party LLC’s or its third-party providers’ infrastructure;
  • commit any actions considered to be unethical;
  • use MustWatch LLC’s communication channels to solicit members to quit using the Site;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
  • impersonate any person or entity, including any employee or representative of Watch Party LLC.

Legality

Use of the Site in violation of applicable laws and regulations is expressly prohibited. You are responsible for verifying that your use of the Site and consummation of transactions by this Site are permitted in your jurisdiction and comply with all applicable laws, regulations, orders and court decisions. If you have any questions regarding legality in your jurisdiction, please consult your own legal counsel. When you access, register for or use the Site, you do so at your own risk, and you are solely responsible for complying with all applicable rules and regulations in connection with activities relating to the Site.

Other than defined by law and regulatory authorities, including the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the Securities and Exchange Commission,Watch Party LLC has no obligation to monitor the Site. However, you acknowledge and agree that MustWatch LLC has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, to operate the Site, or to protect itself or its customers.

MustWatch LLC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, you acknowledge that your Communications will be made available to regulatory authorities upon request.

Electronic Content

MustWatch LLC provides the content of the Website for informational, educational and noncommercial purposes only. Although MustWatch LLC may provide data, information and content relating to investments and opportunities to buy or sell securities, you should not construe any such information as investment, financial, tax, accounting, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the Website before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold MustWatch LLC or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website.

MustWatch LLC may offer content from third-party providers on the Website. This content includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports (the “content”). MustWatch LLC does not endorse or approve the content, and we make it available to you only as a service and convenience. MustWatch LLC and our third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither MustWatch LLC nor the third-party providers are obligated to update any information or opinions contained in any of the content. MustWatch LLC may discontinue offering any content on the Website at any time without notice. You agree that neither Watch Party LLC nor the third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the content on the Website. You will not redistribute or facilitate the redistribution of any content, nor will you provide access to the content to anyone who is not authorized by MustWatch LLC to receive the content.

Electronic Recording

In connection with your use of this Website, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and MustWatch LLC or its representatives or agents. You acknowledge and consent to the recording, retention and use by MustWatch LLC (and its employees, representatives and agents) of all information and data that you input during your use of the Website or during any communication.

Electronic Communications and Consent

The Website may provide you MustWatch LLC e-mail addresses so that you may communicate electronically by sending an e-mail message to MustWatch LLC or others. All e-mail sent to and from MustWatch LLC may be received or otherwise recorded by the Watch Party LLC corporate systems and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Website may involve the electronic transmission to any e-mail address you provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information, including your consent to the electronic delivery of materials in accordance with Rule 302(a) under the U.S. Securities and Exchange Commission’s Regulation Crowdfunding. You agree not to use e-mail to transmit any confidential personal information.

You agree to provide Watch Party LLC with a valid email address which you can access to receive official communications from MustWatch LLC. If you can no longer receive messages at that address for any reason, you agree to provide MustWatch LLC with an updated email address with seven days.

Protecting Intellectual Property; Digital Millennium Copyright Act.

MustWatch LLC specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Site any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MustWatch LLC may terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers. The terms of the Copyright Policy are incorporated into the TOS by this reference.

Failure to Comply With Terms and Conditions and Termination

You acknowledge and agree that MustWatch LLC may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that MustWatch LLC in its sole discretion believes violate any of the terms and conditions, violate the rights of MustWatch LLC, or is otherwise inappropriate for continued access.

You acknowledge and agree that MustWatch LLC may in its sole discretion deny you access through Watch Party LLC to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through MustWatch LLC, and MustWatch LLC shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold MustWatch LLC and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website

You acknowledge and agree that MustWatch LLC and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Watch Party LLC or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to MustWatch LLC’s website comes from a variety of sources. Some of this information comes from official MustWatch LLC licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to MustWatch LLC. MustWatch LLC does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that MustWatch LLC and its website co-branding providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Content

Opinions, advice, statements, offers or other information or content made available through the Site are those of their respective authors and not of MustWatch LLC, and should not necessarily be relied on. Such authors are solely responsible for the accuracy of such content. MustWatch LLC does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will MustWatch LLC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site.

Other Information

MustWatch LLC may take reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If you wish to make purchases through the Site, you may be asked by the payment processing company, or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold MustWatch LLC liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.

You shall pay the purchase price for the Securities for any purchase on the Site. In addition, you shall pay any applicable transaction fees in connection with any Transaction on the Site. Investor agrees to buy the number or dollar amount of Securities that is entered by you and paid for on the Site. Once such purchase of securities by Investor can no longer be changed, cancelled or withdrawn pursuant to Section 4(a)(6) of the Securities Act and the rules adopted thereunder, such purchase is irrevocable by you and you unconditionally owe the purchase price relating to the Transaction. Any revocation of a payment made for a Transaction shall be deemed a breach of this TOS; provided, however, if you exercising your right to cancel an offer to purchase Section 4(a)(6) Securities within the timeframe indicated in the Transaction Confirmation shall not be deemed a revocation of payment. If you choose to use an ACH or wire transfer or credit and/or debit cards on the Site to fund any deposit or investment commitment on MustWatch LLC, you agree that you will not request, submit or otherwise seek to process or obtain nor shall be entitled to any refund of any amount charged or debited for any purchase transaction on your bank account or such card commencing at the earlier to occur of the deadline for you to withdraw from the offering of the closing of the offering.

Indemnity

You will defend, indemnify and hold harmless MustWatch LLC, its officers, directors, employees, agents and third parties, for any losses, costs and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the Site, including but not limited to, any breach by you of the terms of this agreement, provided, however that this provision shall not apply to any losses, costs, liabilities and expenses relating to or arising out of Watch Party LLC’s failure to comply with all applicable securities laws and regulations in connection with its role as an intermediary.

Disclaimer and Limitation of Liability

In no event will Watch Party LLC be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use or inability to use the Site, even if the Site or its agents or representatives know or have been advised of the possibility of such damages, except for instances in which MustWatch LLC becomes aware of fraud and fails to take prompt and reasonable action to attempt to discontinue such fraud, or (ii) to any person other than you. In addition, the Site disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or “hackers”) of the Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, MustWatch LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MustWatch LLC MAKES NO WARRANTY THAT:

  • THE WEBSITE WILL MEET YOUR REQUIREMENTS;
  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS or OTHER HARMFUL COMPONENTS;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION or OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
  • ANY ERRORS ON THE WEBSITE WILL BE CORRECTED; AND
  • THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE WEBSITE ARE CORRECT, ACCURATE OR RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

YOU AGREE THAT WATCH PARTY LLC OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE OR OTHER OCCURRENCES BEYOND THE CONTROL OF MustWatch LLC OR SUCH THIRD PARTIES.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM MustWatch LLC, FROM A WATCH PARTY LLC EMPLOYEE OR AGENT OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. MustWatch LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MustWatch LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OF OR THE INABILITY TO USE THE WEBSITE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED or MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH or FROM THE WEBSITE;
  • ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS or DATA DUE TO YOUR CONDUCT, INACTION or NEGLIGENCE;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  • ANY OTHER MATTER RELATING TO THE WEBSITE.

Miscellaneous

The Terms of Service and the relationship between you and MustWatch LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and MustWatch LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts.

The failure of Watch Party LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Arbitration Agreement

The use of the Watch Party (“MustWatch LLC”) mobile app (the “app”) requires that every user (the “User”) provide the App with a binding electronic signature that accepts the terms and conditions of several agreements, referred to as the “Transaction Documents” including the:

  • Copyright Policy;
  • Privacy Policy;
  • Terms of Service;
  • Master Investor Agreement;
  • Issuer Agreement;
  • Transfer Agent Agreement; and
  • Custodial and Voting Agreement.

Some of the Transaction Documents are applicable only to an issuer and some are applicable only to an investor. However, most of the Transaction Documents must be electronically signed by every User, and if you acknowledge your agreement to any of the above Transaction Documents, with your electronic signature, you must also agree to this Arbitration Agreement (“Agreement”). For the Transfer Agent Agreement, an independent independent transfer agent corporation also require you to agree to exclusive jurisdiction in the state of New Jersey.

You and MustWatch LLC agree that, except as provided in the section “Exceptions to Arbitration” below, all disputes, controversies and claims related to the Transaction Documents (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Agreement and the JAMS Rules, the terms in this Agreement will control and prevail.

Except as otherwise set forth in this Agreement, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator may provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and MustWatch LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

By becoming a User on the App, you agree to arbitrate controversies. You agree that any controversy, dispute, claim or grievance between us, any of our affiliates, or our or their shareholders, officers, directors, employees, associates or agents, and you or, if applicable, your shareholders, officers, directors, employees, associates or agents, arising out of, or relating to, this Agreement, or any service provided by us, including transactions of any kind made on your behalf through us, shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. If you are not a resident of the U.S. at the time a controversy subject to arbitration arises, you agree that any arbitration hearing shall be held in Boston Massachusetts; you consent to the personal jurisdiction of all courts located in the Commonwealth of Massachusetts for purposes of enforcing this arbitration agreement and any arbitration award; and you agree that any arbitration proceeding shall be conducted in the English language. If any party unsuccessfully resists confirmation or enforcement of an arbitration award rendered under this agreement, then all costs, attorneys' fees, and expenses incurred by the other party or parties in confirming or enforcing the award shall be fully assessed against and paid by the party resisting confirmation or enforcement of the award. Class Actions. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action, until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND MustWatch LLC WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Location

Unless required by the Escrow Agreement or the Transfer Agent Agreement to be elsewhere, the arbitration will be conducted in Boston, Massachusetts or the nearest JAMS office to Boston, Massachusetts, unless the parties agree to video, phone and/or internet connection appearances.

Limitations

You and MustWatch LLC agree that any arbitration shall be limited to the Claim between MustWatch LLC and you individually. YOU AND MustWatch LLC AGREE THAT: (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

Exceptions to JAMS Arbitration

Notwithstanding the foregoing provisions of this Agreement, any Claims involving MustWatch LLC that are required to be arbitrated in accordance with the FINRA Rules (e.g., under FINRA Rule 12000 et seq.) shall be subject to arbitration in FINRA’s dispute resolution forum and be conducted in accordance with the applicable FINRA Code of Arbitration.

Exceptions to Arbitration

You and MustWatch LLC agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or MustWatch LLC’s intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

Severability

You and MustWatch LLC agree that if any portion this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Agreement shall be given full force and effect.

By clicking on the button on the App that signifies you agree to be bound by the terms of this Agreement, you also confirm to MustWatch LLC that you acknowledge receipt of this Agreement.

Privacy Policy

The following describes the privacy policy of MustWatch mobile app (“MustWatch LLC”) (as amended or otherwise modified and in effect from time to time, the "Privacy Policy") applicable to the services available through the MustWatch LLC website, our mobile applications and other interfaces (collectively, the "App") from MustWatch LLC. By visiting the App, you are consenting to the collection, use, disclosure, and processing of your personal data as described in this Privacy Policy.

On occasion MustWatch LLC may revise this Privacy Policy to reflect changes in the law, regulation or judicial decisions, our Personal Data collection and use practices, the features of our App, or advances in technology. If we make revisions that change the way we collect or use your Personal Data, those changes may be posted in this Privacy Policy and the effective date may be noted at the beginning of this Privacy Policy. MustWatch LLC may also prominently post such material changes prior to implementing the change.

Information We May Collect

We may collect personally identifiable information ("Personal Data") about you that you provide to us while using the App. Personal Data includes any and all information that can identify you as a specific individual, including, without limitation, your name, address, phone number, credit card number, bank account information, or e-mail address. We also may collect non-personally identifiable information (“Non-Personal Data”), including, without limitation, your log-in name, IP address, search preferences related to specific searches, and messages you leave through your interactions with our App. Your Non-Personal Data may be linked to your Personal Data under some circumstances, and could be considered Personal Data to the extent such linkage enables you to be personally identified. MustWatch LLC may track users across third-party web apps or other online services, and therefore may not allow "do not track" signals or similar mechanisms.

Protecting Your Personal Data

To prevent unauthorized access, maintain data accuracy, and ensure correct use of Personal Data, we may employ reasonable and current Internet security methods and technologies. To protect credit card transactions while in transit, MustWatch LLC currently uses Secure Socket Layer technology to encrypt Personal Data. No method of transmitting information over the Internet, or storing data electronically, is 100% secure, however, and MustWatch LLC therefore cannot provide a guaranty of security.

If you purchase certain services for others, we will collect the names of the others as provided by you. You are fully responsible for ensuring that you have the right to provide such information, and MustWatch LLC will not be under any obligations to make any inquiries or otherwise take action to confirm your right to do so. By providing any Personal Data of another customer, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such Personal Data as set forth in this Privacy Policy.

How We Use the Information We Collect

We use Personal Data to provide you with the products and services from our App, to build features that will make the services available on the App easier to use, and to contact you about these services and for any other reason we deem appropriate at our sole discretion. This may include faster purchase requests, better customer support and timely notice of new services and special offers and more relevant content.

From time to time, Watch party LLC may contact you to request feedback on your experience using the App, to assist us in improving the App, or to offer special savings or promotions to you, as a App user or for any other purpose. If you would prefer not to receive notices of special savings or promotions, you may inform us of that preference by opt-out. This however does not restrict or prohibit us or any of our partners from communicating with you in any way and we reserve the right to communicate anything anytime at our sole discretion.

Sharing Your Personal Data

MustWatch LLC does share your Personal Data, in ways which may not be disclosed in this policy and you do hereby consent to all disclosures MustWatch LLC might make at its sole discretion. You waive your right to opt-out of any and all sharing of your Personal Data. We realize we’re asking for your trust.. If you have any concerns about our privacy policy and agreements, please reach out to help@Watch party LLC.com. We would love to hear your perspective. MustWatch LLC may share your Personal Data with its affiliates and with third parties as described in the categories below:

Certain Services: In order to provide you with certain services, we may share your Personal Data with our affiliates or third party partners. Third-party partners consist of companies with which MustWatch LLC has contracted in order to provide you with services or products featured on our App.

Agents of MustWatch LLC: Many of the operations we perform require us to hire other companies to help us with these tasks. For example, MustWatch LLC hires companies to help us handle mail and e-mail (including sending and delivering packages, postal mail and e-mail), analyze the data we collect, market our products and services, handle credit card transactions and provide customer service. The companies we employ to help us with these tasks have access to Personal Data to perform their functions, and some may use it for other purposes. MustWatch LLC does not require all agents to whom Personal Data is disclosed to enter into confidentiality agreements and to agree to act in a manner consistent with the relevant principles articulated in this Privacy Policy.

Future Business Transfers: Our business is constantly changing. As part of that process, Watch party LLC may sell or buy other companies, and Personal Data may be transferred as part of these transactions. It is also possible that MustWatch LLC, or substantially all of its assets, may be acquired by another company, whether by merger, sale of assets or otherwise, and Personal Data may be transferred as part of such a transaction.

Compliance with Law and Other Disclosures: MustWatch LLC reserves the right to release Personal Data in order to comply with applicable law and regulation and when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on us. We may also release Personal Data to enforce or apply the terms and conditions applicable to our products and services, protect us or others against fraudulent or inappropriate activities, or otherwise protect the rights, property or safety of MustWatch LLC, our affiliated companies, our customers, or others.

MustWatch LLC may use, publicly display, and publicize your name and likeness for advertising, promotion, and other commercial business purposes, without any additional consideration or compensation. MustWatch LLC may also describe your role in relation to our business.

Cookies (& Persistent Local Data)

To serve you faster and with better quality, we may use "cookie" technology and also allow third parties to use cookies on our App. Cookies are small bits of code, usually stored on a user’s computer hard drive or device, which enable a web app to "personalize" itself for each user by remembering information about the user’s visit to the web app.

MustWatch LLC Cookies (First Party Cookies): We at MustWatch LLC, use our cookies to reduce the time it takes for you to submit purchase requests. For example, we use a cookie to store a registered user’s e-mail address so that the user does not need to enter their e-mail address each time that they log-in onto the App. We will also use a cookie to keep track of your search criteria while you are engaging Watch party LLC’s services. MustWatch LLC cookies are associated with a user’s Personal Data.

MustWatch LLC may at its sole discretion allow third parties to have access to the information we collect through our cookies.

Third Party Cookies and Pixels: We may also use third-party advertising companies to serve ads while you are visiting our App and permit these companies to place and access their own cookies on your computer in the course of serving advertisements on our App. These companies may use information obtained through their cookies (which may include your name, address, e-mail address or telephone number) about your visits to our and other web apps, in combination with Personal Data or Non Personal data about your purchases and interests from other online apps in order to provide advertisements about goods and services of interest to you. Other companies' use of their cookies is subject to their own privacy policies and not ours. Such advertisers may have access to our cookies.

In addition, we may share web app usage information about visitors to our App with these companies for the purpose of managing and targeting advertisements and for market research analysis on our App and other apps. For these purposes, we and our third-party advertising partners may place pixel tags (also called “clear gifs”) on some of the pages you visit on our App. We will then use the Personal Data and Non-Personal Data that is collected using these pixel tags to serve you relevant advertisements when you are visiting other apps on the Internet. These advertisements may be targeted to specific searches you conducted on the App during earlier browsing sessions.

If you would like more information about the information collection practices of third-party advertising companies and your choices about not having this information used by these companies or opt out of online preference marketing, visit Networkadvertising.org. Without cookies, however, you may not have access to certain features on our App, including access to your profile/account and certain personalized content.

You may also delete all cookies that are already on your computer’s hard drive by searching for files with "cookie" in it. This action could affect your subsequent visits to certain web apps, including our App, by requiring that, for example, you enter you login name when you return to that web app.

How You Can Access or Change Your Personal Data

MustWatch LLC understands that you may want to change, access or delete your Personal Data. You may not do so by accessing your profile yourself or by contacting us via email. All data used in the operation of MustWatch LLC becomes our sole property and can be used at our sole discretion. To protect your privacy and security, we may verify your identity before granting access or making changes to your Personal Data. For security reasons, and for other reasons at our sole discretion, MustWatch LLC will have no obligation to respond to inquires with respect to Personal Data. If you have registered your profile on any of the services available on our App, your e-mail address and password may be required in order to access your profile information.

Use of Plaid Inc.

MustWatch LLC uses Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using our service, you grant MustWatch LLC and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

Children

Persons under the age of 18 are not eligible to use any services on our App.

How To Contact Us

Should you have any questions, concerns or comments, please contact us at support@mustwatch.com.