Terms of Use

These Terms of Use (“Terms”) govern your use of the John Garey TV service (“JGTV”) provided by John Garey TV (“JGTV”). You automatically agree to these Terms and to our Privacy Policy simply by using JGTV.

1. Modifications and Termination

We reserve the right to modify JGTV at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using JGTV at any time, subject to our cancellation policy described below.

2. Your Account

You will be required to create an account, specify a password, and agree to these Terms and our Privacy Policy in order to use the features of JGTV. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites or services. You are responsible for any purchases made with your account. If you believe that your account has been compromised at any time, please reset your password in your JGTV account.

3. Membership

Monthly Membership If you are a monthly member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. Your first month’s payment includes charges for any products necessary to participate in JGTV. If you cancel after any payment, your membership will continue until the end of that month. Annual Membership If you are an annual member, you will be billed once for a 12-month membership, renewing annually unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the 12-month period. Other Membership We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding your membership are available on your account page.

4. Payment

Memberships require Internet access and a current, valid, accepted method of payment on file with your JGTV account (“Payment Method”) that will be billed automatically each month. Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled fourteen (14) days after your original payment due date.

Recurring Billing

Your Payment Method will be charged for the membership fee each month or year, depending on your membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.

Price Changes

We reserve the right to change our membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.

No Refunds

Payments are non-refundable and there are no refunds or credits for partially-used periods.

5. Cancellation

Cancel (Website):

You can cancel your subscription when logged into your account at https://johngareytv.intelivideo.com/accounts/login/. Click on the menu icon in the upper-left hand corner and select My Account. Next, select Mange Subscription. You can then click on Cancel Subscription. 1) Log in to your JGTV account; (2) Click “My Account” at the top right corner; (3) Click “Manage Subscriptions”; and (4) Select “Cancel Subscription.”

Cancel (In-App)

If you subscribed to the John Garey TV app through the app store, you will need to cancel your subscription directly through the app store. To do this, please follow the directions below. 1. Open Settings on your Apple device 2. Select your Apple ID 3. Scroll down to iTunes & App Store 4. Tap on your Apple ID/email address 5. Tap View Apple ID, then enter your Touch/Face ID or password 6. From the Account Settings page, scroll down and tap Subscriptions 7. Choose your John Garey TV subscription 8. Tap Cancel Subscription. Next, tap Confirm on the Confirm Cancellation pop up.

6. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on JGTV or any JGTV social media accounts. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant JGTV, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using JGTV. You agree to indemnify JGTV against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.

7. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other JGTV user on JGTV or the JGTV social media accounts. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

8. Your Use of JGTV

Please do not use JGTV in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with JGTV or any features of JGTV (including any technological measures we employ to enforce these Terms or provide you with access to JGTV or its content). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using JGTV, and take appropriate legal actions. You understand that physical exercise can be strenuous and can cause injury. We encourage you to consult with your physician before using JGTV. You assume all risks associated with your use of JGTV, including, without limitation, the risk of physical or mental injury.

9. JGTV Content

JGTV and any content available on JGTV (“JGTV Content”) are for your personal, non-commercial use. During your JGTV membership, you have a limited, non-exclusive, non-transferable license to access JGTV and JGTV Content through JGTV. Other than this limited license, you have no right, title, or interest in JGTV. You agree not to use JGTV or JGTV Content for any commercial or public use or to duplicate or otherwise misuse JGTV content. You may not use JGTV Content unless you obtain our permission, or unless you are otherwise permitted by law.

JGTV and JGTV Content may be available in different forms in different countries and features may not work with all Internet settings or on all devices. You are responsible for confirming that JGTV will work on your device. JGTV is not responsible for internet connection/stability that could adversely affect the quality of your JGTV experience. Check with your internet provider if you experience any issues.

JGTV is hosted and run on Intelivideo, Inc. software to enable streaming and viewing of JGTV Content through specific supported devices. For a list of supported devices click here and here. By using JGTV, you agree to automatically receive updated versions of JGTV and third-party software. If you do not accept these terms, please do not use JGTV.

10. John Garey TV Trademarks and Copyrights

All trademarks, logos, and service marks displayed on JGTV are registered and unregistered trademarks of JGTV and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on JGTV are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

11. Copyright Protection

JGTV, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. JGTV accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any Content on JGTV infringes your copyrights, you may request that we remove the Content from JGTV (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information: • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail or e-mail. By mail: John Garey TV Attn: John Garey TV 27W786 Mack Rd Wheaton, IL 60189

By e-mail: info@johngareytv.com

Once notification in accordance with the above is received by the Designated Agent, it is JGTV policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of JGTV that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to JGTV. If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to JGTV Designated Agent within thirty (30) days of the date the Content was removed from JGTV. A counter-notification must be a written communication that includes substantially the following: • Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. • A signature or the electronic equivalent of the person submitting the counter-notification.

Upon receipt of a counter-notification in accordance with the above, JGTV shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform JGTV that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on JGTV. If JGTV receives such notification within ten (10) business days, JGTV shall not replace the removed Content or cease disabling access to it. If JGTV does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on JGTV, then JGTV shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline. In accordance with the DMCA and other applicable law, JGTV may, in appropriate circumstances, at JGTV’s sole discretion, terminate access to JGTV of any user that JGTV finds to be a repeat infringer. JGTV reserves the right to define the criteria by which JGTV will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, JGTV will adopt that definition as a minimum standard. Without limiting JGTV’s right to define “repeat infringer,” as a general rule, JGTV will define a “repeat infringer” as any person or entity about whom JGTV has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. JGTV will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact JGTV’s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

12. Social Networks

JGTV may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through JGTV is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

13. Our Warranties and Disclaimers

We provide JGTV using a commercially reasonable level of care, but there are certain things that we cannot guarantee. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, JGTV DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT JGTV. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON JGTV, THE SPECIFIC FUNCTION OF JGTV, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE JGTV “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

14. Liability for our Services

EXCEPT WHERE PROHIBITED, JGTV SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF JGTV OR ANY THIRD PARTY’S USE OF JGTV. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF JGTV HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

15. Disputes

You agree that any dispute or claim arising out of your use of JGTV, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to theJAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and JGTV agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on JGTV by mailing it to insert address pursuant to the JAMS instructions. JGTV will bear the cost of your initial filing fee.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16. Additional Details

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to JGTV after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to JGTV. JGTV may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, JGTV may contain ads from third-parties. We do not control or endorse any products being advertised. We are not liable for any harm caused by a third-party website or service.

When you use JGTV or send communications to us through JGTV or via e-mail, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of JGTV from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from JGTV to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

We have the right to use any communications you send to us for any purpose, including responses to questionnaires or feedback about JGTV. If we use these communications in any way, we are not required to pay you or give you any credit for such use. If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Waco, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision. Last updated: April 15, 2019