Governing Terms.

These Terms of Service, forms and terms and conditions that apply to your use of the Privacy Center, the Urban One Services (“Additional Terms”) and the Urban One Privacy Policy for the terms and conditions that apply to your use of the Privacy Center. The Additional Terms supplement and are incorporated into and become part of these Terms of Service, unless otherwise expressly stated.   By accepting these Terms, and accessing the Services, you are: (1) entering into a binding agreement with Urban One, a United States company, (2) acknowledging that you agree to all of the terms in these Terms; and (3) certifying that you are over the age of majority in your jurisdiction. If you do not agree to these Terms, you are not authorized to use this Privacy Center or any Urban One Services.

Change to the Privacy Center Terms of Use.

We reserve the right to update, modify, delete or add to these Terms at any time and for any reason and any changes will be effective on posting. To the extent we make any material changes to these  Terms that may restrict your rights or limit your access to the Privacy Center, we will provide prominent notice of such changes at this Privacy Center or via the applicable Services you are using (either on the site or platform or via email or push notification).  Your use of the Privacy Center after such posting constitutes acceptance by you of all such changes

Changes to the Privacy Center.

We may also update, discontinue or modify any feature or portion of the Privacy Center at any time. We reserve the right to discontinue any of the features of the Privacy Center at any time.

Rules Governing Information You Provide to the Privacy Center.

The following rules are a condition of your use of and access to the Privacy Center.

• Verification. When you provide information to us via the Privacy Center you agree to:
  • Provide true, accurate, current and complete information;
  • Maintain and update your information to ensure it is accurate, up-to-date and complete;
• You Are Responsible For the Information You Submit. You are solely responsible for the content of your communications with the Privacy Center and any Urban One via the Services.
• Equipment. You are responsible for obtaining, maintaining and paying for all connectivity, computer software, hardware and other equipment required for use and access to the Privacy Center.    
• Our Right to Correct. We reserve the right to take reasonable measures to correct any information you provide if we believe that the information is untrue, inaccurate, incomplete or not current.

The following rules are a condition of your use of and access to the Privacy Center. You are solely responsible for your communications via the Privacy Center.

• You will only use the Privacy Center to exercise your privacy rights and choices under applicable law, including the California Consumer Privacy Act, and/or under the privacy policies applicable to the personal information that Urban One may collect from or about you based on your use of the Urban One Services. If you are the duly authorized agent of another individual, you may use the Privacy Center to exercise others’ privacy rights and choices as authorized.
• You will not use any robot, spider, rover, scraper, other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Privacy Center, Urban One Services (including its source code or object code or any portion thereof) or Urban One Content (except as it may be a result of a standard Internet browser or search engine).
• You may not use the Privacy Center, Services, Urban One Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use the Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
• You will not use the Privacy Center to:
  • take any action that may impose an unreasonable burden or load on the Privacy Center or its servers and infrastructures;
  • upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Privacy Center, or attempt to obtain unauthorized access to the Urban One Services or Urban One Content or any data or other information of any third party;
  • attempt to gain unauthorized access to other computer systems or networks connected to the Privacy Center, Urban One Services, Urban One Content or any information contained therein for any unlawful purpose;
  • use the Privacy Center for any commercial purposes, including the transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Privacy Center or seeking other legal or equitable remedies, if we become aware of a material violation of these provisions.

Your use of the Privacy Center shall be solely limited to your personal, non-commercial use subject to these Terms and Additional Terms.   All copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights (collectively, “IP Assets”) in the Privacy Center is owned by Urban One or our licensors.  Except as we specifically agree in writing, no element of the Privacy Center (including any source or object code contained therein) may be used or exploited in any way other than as part of the Privacy Center offered to you.

The Privacy Center may contain images, audio, and other material derived in whole or in part from material supplied and owned by Urban One as well as third parties we work with (collectively, “Urban One Content”).  As between Urban One and you, Urban One owns all right, title and interest in and to IP Assets throughout the world associated with the Urban One Content.  You acknowledge Urban One’s valid intellectual and proprietary property rights in the Urban One Content and agree not to take action in contravention of those rights. Nothing in these Terms shall be deemed to convey to you any right, title or interest in or to the Urban One Content or to any portion thereof except for the limited rights expressly granted herein. Any unauthorized use of the Urban One Content is strictly prohibited.

Urban One gives you a limited, non-exclusive, non-transferable, revocable license to access the Privacy Center for the sole purpose of enabling you to exercise your privacy rights and choices or to act as the duly authorized representative of another individual for that purpose. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE PRIVACY CENTER IS AT YOUR OWN RISK. THE PRIVACY CENTER IS PROVIDED “AS IS” AND “AS AVAILABLE.”  WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. URBAN ONE DOES NOT REPRESENT OR WARRANT THAT THE PRIVACY CENTER WILL BE ERROR FREE OR UNINTERRUPTED OR FREE FROM HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY U.S. DOLLARS (US $50).

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

Arbitration, Class-Action Waiver, and Jury Waiver

If you pursue a legal claim against Company, you agree to arbitration (with limited exceptions).

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or our Services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Governing Law

New York law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).

Except where our arbitration agreement is prohibited by law, the laws of the State of New York, excluding conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of New York governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

Venue

Any claims that are not submitted to arbitration for any reason must be litigated in New York, New York (except for claims brought in small claims court, or where prohibited by law).

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in New York, New York, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Company that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of New York New York. You and Company consent to the exercise of personal jurisdiction of courts in New York and waive any claim that such courts constitute an inconvenient forum.

• No Waiver. No failure or delay by Urban One in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
• Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
• Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.
• This Is the Entire Agreement. These Terms and any Additional Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in text form by the party to be charged.
• Assignment. You shall not assign your rights or obligations hereunder without Urban One’s prior written consent.