One Times Square Website Terms of Service

Last Updated: October 17, 2025

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

Welcome to One Times Square. These One Times Square Website Terms of Service (the “Agreement”) set forth a legally binding agreement between you and Jamestown Premier One Times Square Opco, L.P. and its affiliates (referred to collectively in this Agreement as “OTS,” “we,” “us,” or “our”) governing your use and access to www.onetimessquare.com, and any other websites, online or mobile services, properties, or applications that link to this Agreement, as well as the services and features offered through these websites, services, properties, and applications (referred to collectively in this Agreement as the “Site”). By continuing to use the Site and its features, you accept and agree to all of the provisions of this Agreement and agree that your use of the Site is legally sufficient consideration under this Agreement.

If you are an individual accessing or using the Site on behalf of, or for the benefit of, any company, corporation, or other entity with which you are associated (“Organization”), by using this Site you are agreeing to this Agreement on behalf of yourself and the applicable Organization, and you represent and warrant that you have the legal authority to bind the Organization to this Agreement. If you do not accept this Agreement, you and your Organization are not authorized to use this Site or its features.

As a condition to your access to or use of the Site, you consent to be bound by this Agreement. Please exit the Site and refrain for further use of the Site if you do not agree with the terms of this Agreement.

Notice regarding arbitration and dispute resolution: you and OTS AGREE THAT Any future DISPUTES BETWEEN YOU AND OTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, unless you opt-out in accordance with Section 25. Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 25 BELOW.

YOUR CONTINUED USE OF THIS SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE. We recommend that you print a copy of this Agreement for your records and future reference.

Accessibility

We are committed to ensuring effective communication and digital accessibility to all users. We are continually improving the user experience for everyone and apply the relevant accessibility standards to achieve these goals. We welcome your feedback on the accessibility of our websites and mobile apps. Please let us know if you encounter accessibility barriers in accessing any area of/on our website or mobile app by emailing us at notice@jamestownlp.com .

Accessibility Statement

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on the Site unless otherwise noted. We encourage you to periodically review this Agreement. If you do not agree to this Agreement as modified, then you must discontinue your use of the Site. Your continued use of the Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. These efforts might include posting advance notice on the Site, sending an email to the address we have on file, or posting a message in your Account on the Site.

Privacy Policy

In connection with your use of the Site, please review our privacy policy (the “Privacy Policy”), to understand how we use information we collect from you when you access, visit, or use the Site. The Privacy Policy is part of and is governed this Agreement and by agreeing to the terms of this Agreement, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

Additional Terms and Policies

This Agreement applies exclusively to your access to, and use of, the Site, and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional terms and policies may apply to your access to, and use of, the Site and to the purchase of tickets, merchandise, or services from OTS.

The additional terms and policies that you may be subject to include, but are not limited to:

Guest Policy
Sweepstakes, contest or other promotion policies

Additional terms and policies may also be made available on the Site or as part of the on-site experience at One Times Square. Applicable terms and policies are typically found by navigating the Site, by reviewing hyperlinked terms at the point of sale, or separately furnished during the on-site experience. We encourage you to read all of these terms and policies upon first visiting the Site.

Should we employ you, none of the materials provided on this Site constitute or should be considered part or of an employment contract or an offer for employment.

Accounts

The Site may allow you to register to create an account specific to you for purposes of placing orders, participating in interactive features on the Site, and other purposes (“Account”). In general, you are not obligated to register for an Account in order to access the Site. However, if you do create an Account, you will be required to create a user ID and password and become a registered user (“Registered User”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Account on the Site at any given time and you may not allow other people to use your Account to access the Site.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access your Account in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your user ID, password, or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible at legal@jamestownlp.com . We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Permitted Uses of the Site and Prohibitions

While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

Use the Site, and any data and other content available from the Site, for purposes of selling any other goods or services; advertising any other goods or services; conducting surveys, contests, or opinion polls; or engaging in other commercial enterprises.
Use any automated, technological, manual, or other means to obtain, harvest or aggregate any data, content, e-mail addresses or other information of users, or information from the Site, including, without limitation, through the use of any artificial intelligence technology, software, code, computer robots or “bots,” “spiders,” the practice of “database scraping” or other technological means to crawl, search or extract information from the Site.
Reproduce or circumvent the navigational structure or presentation of the Site or its contents. Any attempt to gain unauthorized access to other computer systems through the Site is strictly prohibited.
Either directly or in concert with others, upload or direct to the Site any unauthorized files, viruses, malicious code, corrupted files, or any other code, programs or content that may damage, violate, or attempt to violate, OTS’s hardware, software, or equipment, or the operation of OTS’s servers or the security of the Site or engage in any denial of service attack on the Site or OTS’s servers, or engage in any other malicious acts designed to harm the Site, OTS, or its business partners or affiliates.
Restrict or inhibit any other visitor from using the Site, including by means of hacking, or engaging in spamming or flooding.
Frame the Site within any other website or webpage, or embed in any other webpage or website any metatags, key words or hypertext links, or purchase any “Google Ads” or similar marketing tools, which refer to OTS, its affiliates, products, exhibits, or services, or include OTS’s trademarks, service marks or trade names, without OTS’s prior written consent.
Post, upload, share, transmit, distribute, facilitate the distribution of or otherwise make available to or through the Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, abusive, fraudulent, tortious, vulgar, obscene, hateful, indecent, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising.
Post to or transmit through the Site any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us.
Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Site.
Build a competitive product or service using the Site, build a product or service using similar ideas, features, functions, or graphics as the Site or determine whether the Site is within the scope of any patent.
Interfere in any manner with the operation or hosting of the Site or monitor the availability, performance, or functionality of the Site.
Use bots, artificial intelligence technology, or other automated purchasing software, to purchase tickets through the Site.
Use the Site for purposes of ticket resales or any other commercial purpose or to purchase tickets or merchandise other than for your personal use, unless otherwise authorized by us in writing.
Tickets are non-transferable and may not be resold, auctioned, or offered for resale above face value, whether online or in person. Unauthorized resale or attempted resale of a ticket is grounds for cancellation without refund and denial of entry. Tickets obtained from any source other than OTS or an official ticketing provider are invalid, and OTS assumes no responsibility for tickets purchased through unauthorized channels.
Order more tickets than is allowed for a particular event, use presale codes that were not sent to you by us or the event organizer, or otherwise engage in any behavior that prevents another consumer from fair access to tickets.
Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Site.

Age Requirements

The Site is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. IN ORDER TO become a REGISTERed User ON THE SITE, YOU MUST BE AT LEAST eighteen (18) YEARS OF AGE. By registering for an Account, you warrant and represent that you are at least 18 years of age and that you understand the terms of this Agreement. If you are under the age of 18, you may not create an Account through the Site and should use the Site only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, the Site or sections of the Site, as well as promotions, programs and commerce we may offer on the Site, may be explicitly limited to people over a specified age. If you are not old enough to access the Site or certain sections or features of the Site, you should not attempt to do so.

Management of the Site

Our Right to Manage the Site

We reserve the right, but do not undertake the obligation to: (i) monitor or review the Site for violations of this Agreement and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement or applicable law; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Submitted Material or any portion thereof; (iv) manage the Site in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Site; and/or (v) terminate, suspend, withhold, or block your access to and use of the Site, and refuse to honor pending and future purchases we believe may be associated with you, for violating this Agreement or any applicable law or regulation.

Our Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF this Agreement OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Site TO ANY PERSON, AND TERMINATE ANY ACCOUNT, FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN this Agreement, OR OF ANY APPLICABLE LAW OR REGULATION.

Our Intellectual Property Rights

Except with respect to Third Party Materials and Submitted Material, all content appearing in or on the Site, including without limitation all Site coding and software, Site architecture and layout, text, logos, names, trade names, trademarks, service marks, trade dress, characters, interfaces, sounds, videos, images, graphics, icons, designs, databases, database compilations, photographs and screen displays, are solely and exclusively owned by OTS or its partners or licensors (collectively with the foregoing sentence, the “Content”). The Content may be protected by copyright, patent, trademark, and other proprietary rights and laws, and various treaties and international conventions relating to these rights. This includes the entire Content of the Site, copyrighted and protected as a collective work. Except as stated in this Agreement, no right, title or interest in any Content contained on the Site is transferred to you as a result of your use of the Site and all applicable rights are reserved to OTS, its partners, and/or its licensors. Except as set forth below, the use of any Content available on the Site is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Site and the Content for personal, informational, and booking/purchasing purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, inputted into artificial intelligence models or engines, scraped, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for downloading or printing for your personal, non-commercial use, subject to your compliance with this Agreement, and retain the same solely for as long as you continue to be permitted to access the Site. Your permitted use of the Content is subject to you (a) keeping any copyright, trademark, or other proprietary notices intact; (b) using applicable Content pursuant to any licenses associated with the applicable Content; (c) not copying or posting applicable Content on any networked computer or broadcast it in any media; (d) not making modifications to the applicable Content; and (e) not making any additional representations or warranties relating to the applicable Content. Except as otherwise expressly authorized in this Agreement or otherwise in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Site or the Content.

Certain trademarks and company names that appear on the Site are trademarks or service marks of third parties with whom OTS has an affiliate or business relationship. None of these trademarks or service marks may be used without receiving the prior express written permission of the owners of the applicable trademarks or the service marks.

Linking to the Site

You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided that you otherwise comply with the terms of this Agreement and the applicable links do not portray OTS in a false, misleading, derogatory or otherwise defamatory manner, and provided further, that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of the applicable Content, but not caches or archives of such Content. We may revoke these permissions at any time.

Submitted Materials

Unless specifically requested, OTS does not wish to receive any confidential, proprietary, or trade secret information from you through the Site (including via the contact email(s) made available on the Site).

Accordingly, if you send, or otherwise provide to OTS, or transmit through the Site or on our Social Media Site pages any information or creative works including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material (collectively “Submitted Material”), concerning OTS, the Site, or any of our services, including by tagging our social media accounts or hashtagging with OTS identifiers, you are responsible for the applicable Submitted Material and you hereby grant to OTS a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to (a) use, copy, reproduce, modify, adapt, print, publish, translate, transmit, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented or developed, including for commercial purposes, without attributing the applicable Submitted Material to you; and (b) use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the Submitted Material in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Site a non-exclusive license to access your Submitted Material through the Site or our Social Media Site pages, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform the applicable Submitted Material as permitted through the functionality of the Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your Submitted Material that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our privacy policy and will not be publicly disclosed, except as described in our privacy policy or otherwise approved by you.

You further agree, represent, and warrant that (a) any Submitted Material you post on the Site or our Social Media Site pages or transmit through the Site or our Social Media Site pages is truthful, accurate, not misleading and offered in good faith; (b) you have the right (including rights of privacy and rights of publicity) to submit the Submitted Material; (c) you authorize OTS to use the Submitted Material as permitted by the license in this section; (d) that the Submitted Material does not violate the rights of any other person or entity; (e) your Submitted Material does not contain the confidential or proprietary information of any third-party or parties; (f) you shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content; and (g) you shall not upload, post, or otherwise make available on or through the Site any Submitted Material protected by copyright, trademark, or any other proprietary right of any third-party without the express written permission of the owner of the applicable right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from your Submitted Material. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason in our sole discretion.

PLEASE DO NOT POST OR SEND US ANY SUBMITTED MATERIAL THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other Submitted Material to us, you agree that: (i) we are free to use the applicable Submitted Material for any purpose; (ii) the applicable Submitted Material will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep Submitted Material confidential unless explicitly stated.

Third-Party Materials and Services

The Site may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Site, you acknowledge and agree that OTS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. OTS does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or websites, or for any other materials, products, or services offered by third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Third party websites may have their own terms of use and privacy policies, for which OTS is not responsible and which we encourage you to review before accessing and using any third party website.

Websites operated by persons or entities other than OTS may contain hyperlinks to an OTS website. You agree not to hold OTS responsible for the content or operation of these third party websites. A hyperlink to an OTS website on another website does not imply or mean that OTS endorses either the content of the website containing the hyperlink or the operator or operations of that website. You are solely responsible for determining the extent to which you may use any content at any other websites which might link to an OTS website.

We use multiple caching and data delivery technologies to facilitate media distribution and enhance media performance for you. When you access a video on our website, we may use a third-party service that uses the processing capabilities, memory and bandwidth on your computer, mobile phone or other applicable device to transmit content and other data or features to you and to other users of the website, and to facilitate the operation of the network on which the service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the service.

Digital Millennium Copyright Act (DMCA) Policy

DMCA Notifications

If you believe any content available on or through the Site infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below, to our DMCA Agent by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 14(c) below (a “DMCA Counter Notification”) that could result in our restoring content removed in response to a DMCA Notification. You may send a DMCA Notification to our DMCA Agent at:

Attn: General Counsel
Jamestown, L.P.
675 Ponce de Leon Avenue, 7th Floor
Atlanta, Georgia 30308
Email: legal@jamestownlp.com

DMCA Notification Requirements

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage for where the material is posted).
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that under Section 512(f) of the DMCA you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

DMCA Counter Notifications from Users

If you receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted).
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.

Please note that sending a DMCA Counter Notification may not result in your content being restored to the Site if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.

Promotions

This Site and/or OTS’s Social Media Sites may contain sweepstakes, contests, or other promotions that require you to send material or information about yourself. Our promotions include our OTS Rewards Program, which may be offered to you if you become a registered user of the Service. In some cases, the OTS Rewards Program grants you access to priority tickets, exclusive giveaways, and promotions. You may end your participation in the OTS Rewards Program at any time by changing the settings in your user account on the Site.

Please note that sweepstakes, contests, or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing the applicable sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read the applicable rules to determine whether or not you want to and are eligible to participate, register, and/or enter. By entering a sweepstakes, contest or other promotion, including enrolling in the OTS Rewards Program you agree to comply with and abide by the applicable rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Interactive Chat Features

The Site may have chat, live support, instant messaging, or similar functionality with a human representative to serve you better (“Chats”). You should review our privacy policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks prior to using any Chat features to understand if any additional terms and conditions apply to your use of a Chat. The Site may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our privacy policy. Be aware that communications may be monitored for quality assurance and other purposes.

WiFi

When you visit One Times Square, we may provide access to WiFi connections or similar network connections to you (“WiFi”). Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via WiFi. We are not a publisher of third-party content that can be accessed through WiFi and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through WiFi.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so. By connecting to the WiFi you understand and acknowledge that the information you provide through the WiFi is subject to our privacy policy.

WIFI IS PROVIDED ON AN “AS-IS” and “As Available” BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

Descriptions, Testimonials, Opinions

The Site may feature reviews, opinions, or testimonials of other users of the Site, all of which are Submitted Material. Descriptions and graphic representations on the Site are for informational purposes only and may not completely reflect the current services we offer. We reserve the right to change service descriptions at any time.

Hardware and Site Access

Certain features of the Site are best experienced or enhanced if your computer is properly enabled. You are solely responsible for using browsers, computer hardware and software that are compatible with the Site, and for your own Internet connections and bandwidth, including any dial-up, DSL, cable modem, fiber optic or other form of Internet access. You are solely responsible for any fees or charges that the providers of these services assess.

Consent to Electronic Communications

When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may send notices to you, at your option, with respect to your account preferences and profile, changes to the Site, new features on the Site or your use of any of the services offering through the Site, by sending an email message to the email address listed in your Account. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. You agree that we may provide agreements, disclosures, notices, and other communications to you through electronic means, which electronically satisfy any legal requirement that applicable communications be in writing. Unless otherwise indicated in such notices, the notices will become effective immediately.

Warranty Disclaimers

OTS PROVIDES THE SITE AND CONTENT “AS IS” and “As Available” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. OTS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTS DOES NOT GUARANTEE UNINTERRUPTED, CONTINUOUS OR SECURE ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERRUPTED BY VARIOUS FACTORS OUTSIDE OF OUR CONTROL. OTS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, DAMAGE, DESTRUCTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY BREACHES. YOUR USE OF THE SITE , INCLUDING DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE, IS DONE AT YOUR OWN RISK.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OTS DOES NOT WARRANT THE ACCURACY OR CONTINUED AVAILABILITY AND ACCESSIBILITY OF DATA OR INFORMATION AVAILABLE THROUGH THE SITE. OTS SHALL HAVE NO LIABILITY FOR ANY SUCH DATA OR INFORMATION OR ANY USE YOU MAY MAKE OF SUCH DATA AND INFORMATION. FURTHER, OTS IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY ANY THIRD-PARTY OR ANY USERS OF THE SITE. ANY DATA OR OTHER INFORMATION FOUND WITHIN THE SITE IS USED BY YOU SOLELY AT YOUR OWN RISK. SITE CONTENT AND TICKETING OPTIONS ARE SUBJECT TO CHANGE OR DELETION AT ANY TIME.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitations of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, Licensors, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES THAT ARISE FROM OR RELATE TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. THE RELEASED PARTIES SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY LOSS OF DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION, AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER OTS KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE.

THE RELEASED PARTIES ARE NOT LIABLE FOR ANY ERRORS IN THE SITE, OR ANY OTHER FAILURE TO PERFORM THAT IS CAUSED BY ACTS OF GOD AND OTHER EVENTS BEYOND their REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, POWER FAILURES OR BROWNOUTS, TRANSMISSION FAILURES, SERVER FAILURES, THIRD-PARTY DENIAL OF SERVICE ATTACKS, VIRUSES, SOFTWARE AND OTHER TECHNICAL PROBLEMS, INABILITY TO ACCESS THE SITE, OR ANY FAILURE, DELAY OR ERROR IN SENDING OR RECEIVING ANY INFORMATION OR DATA ON OR THROUGH THE SITE. THE RELEASED PARTIES ALSO ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE SITE BY YOU OR OTHER THIRD PARTIES, OR ACTS, OMISSIONS, CONDUCT INFORMATION PROVIDED BY YOU OR OTHER THIRD PARTIES TO OTS THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ALL CASES, AND WITHOUT LIMITING ANY OF THE FOREGOING LIMITATIONS, THE AGGREGATE, TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU UNDER THIS AGREEMENT FOR ACTUAL, DIRECT DAMAGES (WHETHER ARISING IN TORT, NEGLIGENCE OR OTHERWISE) WILL NOT EXCEED THE SUM OF $100 OR ANY LARGER AMOUNT PAID BY YOU THROUGH THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless the Released Parties and their affiliates, officers, directors, employees, agents, shareholders, successors, assigns, and contractors from and against any and all actual or alleged liabilities, claims or demands, suits, actions, judgments, losses, and any resulting damages and expenses (including attorneys‛ fees and costs), that arising out of or in connection with (a) your Submitted Materials, including, without limitation, any claims of infringement; and (b) your violation or breach of this Agreement or any of the other terms or policies that are applicable to your access and use of the Site, and/or the terms and conditions that are applicable to your use of Third Party Materials. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from OTS’s own negligent conduct.

Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution Period

We are available at legal@jamestownlp.com to address any concerns you may have regarding the Site. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That Initial Dispute Resolution Period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, we will send the notice of that Dispute to the email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by email to: legal@jamestownlp.com . A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (i) subject line reading: “Notice of Dispute”; (ii) description of the nature of the claim or dispute and the underlying facts; (iii) date upon which the Dispute arose; (iv) the specific relief sought; and (v) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.

Scope

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and the Company asserted after the effective date of this Agreement, including but not limited to all disputes arising out of this Agreement or your use of the Site (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”

Binding Arbitration

If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com , unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.

Process

In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against the Company must send the written demand for arbitration to Jamestown, L.P., 675 Ponce de Leon Avenue, 7th Floor, Atlanta, Georgia 30308, Attn: General Counsel; or email address: legal@jamestownlp.com . By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (A) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (B) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (C) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (D) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

Location & Hearing

If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in New York County, New York, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

Arbitrator’s Decision

The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

Fees

Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

Mass Arbitration Before NAM

Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/ . Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by the American Arbitration Association consistent with Supplementary_Rules_Mass_Arbitration_2024_sh.indd, and the provisions of the Dispute Resolution Section of this Agreement.

Appointment of Procedural Arbitrator in Mass Arbitration

You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.

Exceptions to Binding Arbitration

Provisional Remedies. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.

Class and Collective Action Waiver

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Forum

For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in New York County, New York (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability

If any provision in this Dispute Resolution and Arbitration Section of this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Section of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

30 Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at legal@jamestownlp.com . The notice must be sent within thirty (30) days of your first use of the Site otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.

Terms for Users in Certain Geographic Regions

California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, please contact us at legal@jamestownlp.com . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.

International Residents

WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS OR SERVICES IDENTIFIED ON THE SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART of the Site IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you access the Site from outside the United States you are responsible for compliance with local laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on applicable mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT TO CONTEST THAT we are SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

Canada Residents

L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers

For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Dispute Resolution

The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Privacy and Consumer Complaints

Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to legal@jamestownlp.com . You may also contact us by writing to Jamestown, L.P., 675 Ponce de Leon Avenue, 7th Floor, Atlanta, Georgia 30308, Attention: General Counsel.

Termination

This Agreement is in effect until terminated by you or by OTS. We may terminate this Agreement by notifying you using any contact information we have about you or notifying you through the Site, including through your Account. You may terminate this Agreement by ceasing use of the Site, and, if applicable, deleting your Account. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any termination of this Agreement.

Upon any termination of this Agreement, (a) you must immediately cease all use of and access to the Site; (b) we may delete or disable access to any of your Submitted Material at any time; and (c) we may delete your Account at any time. You agree that if your use of the Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify, defend, and hold us harmless from any and all liability that we may incur as a result of your continued use of the Site. Your use of the Site after termination will be a violation of this Section, which survives any termination. Notwithstanding the foregoing, if you recommence use of the Site following termination of this Agreement, you will be deemed to have entered into a new agreement with OTS, and the then-current terms of this Agreement will be deemed to apply to your use of the Site.

Even after the termination of this Agreement or of your Account or access to the Site, any Submitted Material you have posted or submitted may remain on the Site indefinitely.

Miscellaneous

Severability. Subject to Section 25(h), if any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement shall remain valid and enforceable to the fullest extent permitted by law.

Third Party Beneficiaries. This Agreement is for the benefit of OTS and its subsidiaries, affiliates, successors and assigns and each shall have the right to assert and enforce the terms of this Agreement directly or on its own behalf.

Assignment. We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Headings. The headings in this Agreement are for reference purposes only.

Entire Agreement. This Agreement constitutes the entire agreement between you and OTS respecting the subject matter contained in this Agreement. This Agreement supersedes any and all other understandings or agreements, written or oral, regarding such subject matter.

Waiver. You acknowledge that you have not relied on any oral or written representations or statements of any third-party or OTS, except as expressly set forth in this Agreement. Any failure of OTS to act with respect to any breach by you or others, or to exercise or enforce any right or provision of this Agreement (i) shall not act as a waiver of any such rights or any related remedies unless such waiver is put in writing by OTS; and (ii) shall not act as a waiver with respect to any subsequent or similar breaches by you.

Acknowledgement of Agreement. You acknowledge that you have read this Agreement, and understand and agree to be bound by the terms of this Agreement.

Contact Information

If you have a question or complaint regarding the Site or this Agreement, please contact us by emailing us at legal@jamestownlp.com .

Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.