PLEASE READ THESE WATCHFREE+ TERMS OF USE CAREFULLY. These WatchFree+ Terms of Use (“Terms,” or “Terms of Use”) govern your access to and use of the WatchFree+ website, currently available at WatchFreePlus.com, and the WatchFree+ streaming service, content, features, and functionality made available through that website (collectively, “WatchFree+” or the “Service”).

WatchFree+ is provided by VIZIO, Inc., 39 Tesla, Irvine, California 92618 (“VIZIO,” “we,” “us,” or “our”).

BY ACCESSING OR USING WATCHFREE+, INCLUDING BY BROWSING OR VIEWING CONTENT THROUGH THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE WATCHFREE+.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 17 CAREFULLY.

 

1. The WatchFree+ Service.

WatchFree+ is a free, advertising-supported streaming service that allows users to browse and view certain live television channels, movies, television programs, trailers, and other video content made available by VIZIO and its licensors and content providers.

You are responsible for obtaining and paying for the internet connection, compatible device, supported browser, and other equipment or services necessary to access WatchFree+. Your internet or mobile-service provider may charge data or other fees.

The content, channels, programming, features, and functionality available through WatchFree+ may differ from those available through WatchFree+ on VIZIO and onn Powered by VIZIO televisions, mobile applications, or other devices or platforms.

2. Acceptance; Additional Terms.

Your access to and use of the Service is conditioned on your acceptance of these Terms. Certain content, promotions, features, or activities may be subject to additional terms presented to you in connection with that content, promotion, feature, or activity (“Additional Terms”). If Additional Terms conflict with these Terms, the Additional Terms will control for the applicable content, promotion, feature, or activity to the extent of the conflict.

3. Eligibility and Geographic Availability.

You must be at least 13 years old to use WatchFree+. If you are under the age of majority where you live, you may use WatchFree+ only with the involvement and permission of a parent or legal guardian who agrees to these Terms on your behalf. Parents and legal guardians are responsible for supervising minors’ use of the Service.

The web version of WatchFree+ is currently offered only to users located in the United States. Some content may be available only in particular geographic areas based on applicable licensing and distribution rights. You may not access the Service from a location where it is not offered or attempt to conceal or misrepresent your location or circumvent geographic restrictions.

The Service is intended for personal use by individuals. You may not use WatchFree+ if you are prohibited from receiving the Service under applicable law.

4. Limited License.

Subject to your compliance with these Terms, VIZIO grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use WatchFree+ and to stream content made available through the Service solely for your personal, non-commercial viewing in the United States.

The Service and its content are licensed, not sold. No ownership interest in WatchFree+, its software, or any content is transferred to you. All rights not expressly granted are reserved by VIZIO and its licensors and content providers.

5. Content Availability and Viewing Experience.

Content made available through WatchFree+ may be supplied by VIZIO or third-party licensors and content providers. The availability of particular channels, programs, movies, episodes, trailers, or other content may change at any time and may depend on applicable licensing, distribution, technical, or other considerations.

VIZIO does not guarantee that any particular content, channel, feature, or functionality will be available, uninterrupted, error-free, or available for any specific period. Live programming may be delayed, interrupted, changed, or unavailable. Program information, descriptions, images, ratings, schedules, and similar metadata may be supplied by third parties, and VIZIO does not guarantee that such information is complete or accurate.

Closed captions and other accessibility features are available where supported by the applicable content and technology. Availability and functionality may vary by program, channel, browser, and device.

6. Advertising and Promotional Content.

WatchFree+ is supported by advertising. Content may include, be interrupted by, or appear alongside advertisements, sponsored content, promotional messages, and other commercial material. The frequency, placement, format, and content of advertising may vary.

VIZIO does not endorse any product, service, or claim appearing in third-party advertising. Your interactions or transactions with advertisers are solely between you and the advertiser, subject to any terms and policies presented by that advertiser.

Information about advertising-related data practices and choices is provided in the VIZIO Privacy Policy and in any privacy notices or controls presented through the Service.

7. Prohibited Conduct.

You may not, and may not assist or enable another person to:

  • copy, download, capture, record, reproduce, rebroadcast, retransmit, distribute, publicly display, or publicly perform the Service or any content, except as expressly authorized by VIZIO;
  • modify, adapt, translate, create derivative works from, sell, rent, lease, sublicense, or otherwise commercially exploit the Service or its content;
  • circumvent, disable, interfere with, or defeat any digital-rights-management technology, content protection, geographic restriction, security feature, access control, advertising functionality, or usage limitation;
  • use a virtual private network, proxy, location-spoofing technology, or other means to access content from a location where it is not authorized;
  • use bots, crawlers, scrapers, spiders, scripts, or other automated systems to access, index, collect information from, test, or interact with the Service without VIZIO’s prior written permission;
  • reverse engineer, decompile, disassemble, or attempt to derive source code, underlying ideas, algorithms, or non-public APIs from software used to provide the Service, except to the limited extent applicable law expressly prohibits this restriction;
  • introduce malware, malicious code, or other material intended to damage, disrupt, interfere with, or obtain unauthorized access to the Service or another system;
  • interfere with the operation of the Service or another person’s use of it, including by imposing an unreasonable or disproportionately large load on the Service;
  • remove, alter, or obscure copyright, trademark, attribution, advertising, or other proprietary notices; or
  • use WatchFree+ or its content for an unlawful, fraudulent, infringing, or abusive purpose or in violation of these Terms.

8. Third-Party Content, Links, and Services.

WatchFree+ may include content supplied by third parties and may provide links to, integrations with, or access to third-party websites, applications, products, or services. Third parties may present their own terms and privacy policies.

VIZIO does not control and is not responsible for third-party websites, applications, products, services, content, availability, security, terms, policies, or practices. A link or integration does not imply VIZIO’s endorsement. You assume responsibility for deciding whether to access or use third-party offerings.

9. Intellectual Property.

WatchFree+, including its software, design, interfaces, graphics, compilation, selection and arrangement, logos, trademarks, and other materials, is owned by or licensed to VIZIO and is protected by copyright, trademark, and other intellectual property laws. Video programming and other content made available through WatchFree+ is owned by VIZIO or its respective licensors and content providers.

VIZIO, WATCHFREE+, and associated names, logos, and marks are trademarks or other proprietary designations of VIZIO or its affiliates. You may not use any VIZIO name, mark, logo, trade dress, or other brand feature without VIZIO’s prior written permission.

If you provide feedback, ideas, or suggestions regarding WatchFree+, you grant VIZIO a worldwide, perpetual, irrevocable, royalty-free right to use and exploit that feedback for any lawful purpose without restriction, compensation, or attribution to you. This provision does not apply to personal information governed by the VIZIO Privacy Policy.

10. Privacy.

The VIZIO Privacy Policy describes how VIZIO collects, uses, discloses, and protects information in connection with the Service. The VIZIO Privacy Policy is available at https://www.vizio.com/en/terms/privacy-policy.

The Service may present privacy notices, consents, and controls relating to viewing data, cookies or similar technologies, targeted advertising, sale or sharing of personal information, and other data practices. Any consent requested for a particular data practice is separate from your acceptance of these Terms. Your choices may be stored at the browser level and may need to be made again if you clear browser data or use another browser or device.

11. Service Changes, Updates, and Availability.

VIZIO may, at its sole discretion, modify, update, suspend, restrict, or discontinue all or any portion of WatchFree+, including particular content, channels, features, or functionality, at any time, subject to applicable law. We may also impose or change technical requirements, supported browsers, or device requirements.

You may need to use a supported and current browser or enable particular browser functionality to access all features. If you continue using an unsupported browser or configuration, some features may not work as expected.

VIZIO is not responsible for interruptions or failures caused by internet or telecommunications providers, your equipment or browser, third-party platforms, events beyond VIZIO’s reasonable control, or maintenance and security measures.

12. Suspension and Termination.

You may stop using WatchFree+ at any time. VIZIO may restrict, suspend, or terminate your access to all or any portion of the Service if VIZIO reasonably believes you violated these Terms, engaged in fraud or misuse, created risk or possible legal exposure, or used the Service in a manner that could harm VIZIO, its affiliates, licensors, content providers, advertisers, other users, or the Service.

13. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WATCHFREE+ AND ALL CONTENT, ADVERTISING, FEATURES, AND FUNCTIONALITY ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” VIZIO AND ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS, ADVERTISERS, DISTRIBUTORS, SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law, and you may have additional rights.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIZIO AND ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS, ADVERTISERS, DISTRIBUTORS, SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; PERSONAL INJURY OR PROPERTY DAMAGE; OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO WATCHFREE+ OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF VIZIO AND THE OTHER PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO WATCHFREE+ OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO VIZIO FOR USE OF WATCHFREE+ DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE U.S. DOLLAR (US $1).

The limitations in this Section apply regardless of the form of action and even if a remedy fails of its essential purpose. The limitations in this Section do not limit liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or other liability that applicable law does not permit the parties to exclude or limit.

15. Indemnification.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless VIZIO, its affiliates, licensors, content providers, advertisers, distributors, service providers, and their respective officers, directors, employees, and agents from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your unlawful or unauthorized use of WatchFree+; or (c) your violation of another person’s rights in connection with the Service. VIZIO may control the defense of any matter subject to indemnification, and you agree to cooperate with that defense. You may not settle a claim without VIZIO’s prior written consent if the settlement imposes obligations on, or admits wrongdoing by, VIZIO or its affiliates.

16. Copyright Infringement Notices.

VIZIO respects intellectual property rights. If you believe material available through WatchFree+ infringes your copyright, please submit a notice through VIZIO’s published procedure for claims of copyright infringement, available at https://www.vizio.com/en/terms/terms-of-use. A notice must include the information required by applicable law. VIZIO may remove or restrict access to material in response to a valid notice.

17. Disputes, Arbitration, and Applicable Law.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    A.   Arbitration Agreement. SUBJECT ONLY TO THE EXCEPTION BELOW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VIZIO, INCLUDING BUT NOT LIMITED TO YOUR ACCESS TO AND USE OF THE WATCHFREE+ WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY VIZIO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND VIZIO AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use. As an exception to the foregoing, you or VIZIO may bring an action in small claims court in the United States if (i) it is brought on an individual basis; (ii) the claim is within the scope of the small claims court’s jurisdiction; and (iii) the claim is not removed, appealed, or otherwise transferred to or refiled in any court of general jurisdiction. Claims that qualify for this exception may only proceed on an individual basis in small claims court in the United States or arbitration.

B.     Class Action Waiver. YOU AND VIZIO AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and VIZIO each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, or collective action to the maximum extent permitted by law. This paragraph may be referred to as the “Class Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against VIZIO for you.

C.    Initiating a Demand for Arbitration. Any arbitration required by the Arbitration Agreement shall be initiated by You or VIZIO by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: VIZIO, Inc. Legal Department, 39 Tesla, Irvine, CA 92618. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) 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. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand for ninety (90) days, or longer as may be agreed to by the parties. After the 90-day period (or a longer period as agreed to by the parties) has expired, any applicable statute of limitations will continue to run, unless (a) the Demand is filed in arbitration pursuant to Section 20.4 of these Terms of Use, or (b) the Demand is being administered pursuant to Section 20.6 of these Terms of Use.

D.    Filing a Demand for Arbitration. A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to Section 17.C of these Terms of Use. The arbitration shall not be considered as filed with the AAA unless and until there is compliance with Section 17.C of these Terms of Use. The arbitration will be administered by the AAA pursuant to the applicable AAA Consumer Arbitration Rules and Mediation Procedures and AAA Mass Arbitration Supplementary Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer. You and VIZIO agree that the arbitrator, and not any court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or part of its Arbitration Agreement is void, voidable, or unconscionable.

E.     Conduct of Arbitration. In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

                         i.  You or VIZIO may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

                        ii.  The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party. The arbitrator shall take into account the individual, non-collective, non-representative, and non-class basis of the action when deciding discovery disputes.

                       iii.  The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient, if practicable. You and an employee of VIZIO or its parent or affiliates shall attend all arbitrator calls, conferences, and hearings.

                      iv.  A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing. If a party declines an offer of judgment and fails to obtain a more favorable award, the declining party shall not be entitled to its post-offer costs and shall be responsible for the offering party’s post-offer costs. The arbitrator may decide to include expert fees in said costs.

                       v.  If the arbitrator finds that a party’s claim, counterclaim, appeal, or violation of Section 17.C was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party their attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration. The arbitrator may enter such award against a party, any of their attorneys, or both.

                      vi.  The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties. Subject to any available appeals, and consistent with the individual nature of the arbitration, the arbitration award shall be binding as between you and VIZIO, but it shall have no preclusive effect on disputes between VIZIO and other parties, even if represented by the same counsel on the same or similar issues.

                     vii.  You or VIZIO may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

                    viii.  All matters relating to the arbitration or the award, including the fact of the arbitration, any discovery exchanged as part of the arbitration, and the award itself, shall be confidential and shall not be disclosed by any party or their attorneys except as necessary to conduct the arbitration, as is strictly necessary to obtain a provisional remedy that must be obtained in court, to enforce or challenge the award, to communicate with government agencies, as required by law, or as otherwise allowed by the Arbitration Agreement. An order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the award, the party seeking confirmation of the award must give the other party notice of their intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs their obligation under the award within 15 business days of such notice, the party who gave notice of their intent to confirm the award shall not seek to confirm or otherwise enforce the award.

                      ix.  A party may disclose information related to the arbitration in which they have personally participated, including an order or award from the same, in another arbitration only if (a) (i) the party (and not merely their attorney or representative) is also a participant in the other arbitration, (ii) the identifying information of the opposing party or parties is redacted or otherwise not disclosed, and (iii) the disclosure complies with any protective order or other limitation on disclosure entered in the original arbitration; or (b) the opposing party or parties to the original arbitration consents.

F.     Process for Arbitration Bellwether Demands. If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be administered pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. Each Bellwether Demand will be decided individually by the assigned arbitrator without preclusive effect as to the other arbitrations. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The statute of limitations shall be tolled during this process. You and VIZIO agree that this bellwether process is useful to each party and their individual claim to encourage the efficient resolution of disputes. The AAA Mass Arbitration Supplementary Rules shall apply to the extent they are not inconsistent with this paragraph. This process shall also apply to any appeals that may be taken from arbitrations administered pursuant to this paragraph. Notwithstanding any other provision in the Terms of Use, You and VIZIO agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

G.    Severability. If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, or representative action and (ii) if the Class Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must proceed in a court of competent jurisdiction as designated in Section 19 of these Terms of Use, and not as a class, collective, or representative arbitration. If any provision of Section 17 other than the Class Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

H.    Applicable Law. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 17 of these Terms of Use. If the FAA is found not to apply to any portion of Section 17 of these Terms of Use, then the applicable laws of the State of Texas shall apply without regard to the choice-of-law principles of any other jurisdiction other than those of the State of Texas.

18. Changes to These Terms.

VIZIO may update these Terms to reflect changes in the Service, VIZIO’s practices, or applicable law. The updated Terms will be posted through the Service with a revised effective date. When required by law, we will provide additional notice or request renewed acceptance. Your continued use of WatchFree+ after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law. If you do not agree to updated Terms, you must stop using the Service.

19. General.

These Terms of Use represent the complete agreement and understanding between you and VIZIO and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and VIZIO. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. EXCEPT AS PROVIDED IN SECTION 17 ABOVE, THESE TERMS OF USE SHALL BE INTERPRETED AND GOVERNED BY THE APPLICABLE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CHOICE-OF-LAW PRINCIPLES OF ANY JURISDICTION THAT WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF TEXAS. FOR ANY CASES INITIATED IN COURT (OTHER THAN SMALL CLAIMS COURT IN THE UNITED STATES), INCLUDING ANY ORIGINAL ACTION TO COMPEL ARBITRATION, OR TO WHICH THE ARBITRATION AGREEMENT DOES NOT APPLY PURSUANT TO SECTION 17.G, THE CASE MUST BE BROUGHT AND LITIGATED EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS, SHERMAN DIVISION, OR THE STATE COURTS OF COLLIN COUNTY, TEXAS, AND YOU AND VIZIO BOTH AGREE TO THE JURISDICTION, VENUE, CONVENIENCE, AND EXCLUSIVE AUTHORITY OF THOSE COURTS. Any action filed in any other court (other than an appropriate small claims court in the United States) will be transferred to, or dismissed without prejudice for refiling only in, the United States District Court for the Eastern District of Texas, Sherman Division, or the state courts of Collin County, Texas, and you and VIZIO  agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these Terms of Use, or any other private or public considerations. Except as provided in Section 17 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be severed or reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of VIZIO to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit VIZIO’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to these Terms of Use) may be made via posting to the WatchFree+ website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Contact Us.

Questions about WatchFree+ or these Terms may be submitted through VIZIO’s customer-support channels or mailed to:

VIZIO, Inc.
Attn: Legal Department - WatchFree+
39 Tesla
Irvine, CA 92618

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. 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.