Terms of Service

Welcome to Catalina Broadband Solutions, which is operated by CSI Digital. (“Catalina Broadband Solutions”, “we”, “us” or “our”). Please read this Terms of Service Agreement (“Agreement”) carefully, as it constitutes a legally binding agreement and applies to your use of (a) www.catalinabb.com, and all corresponding domains, subdomains, web pages and websites associated therewith (e.g., Catalina Broadband Solutions.com/solutions, etc.) (collectively, “Site”), (b) the Catalina Broadband Solutions app/channel on mobile, console and other IP-enabled devices and platforms, including without limitation Apple iOS, Apple TV, Android, Chromecast and Roku, and (c) any other features, functionality, content applications and services offered by us, including application/device-based features and related technology (e.g., apps, APIs, widgets, etc.) (subsection (a), (b) and (c) above shall collectively be referred to as the “Services”). This Agreement does not cover other services, websites or any corresponding content, features or activities made available by any other third party, unless specifically stated.

This Agreement applies to all users of the Services (“User”, “you” or “your”), whether you are accessing them via a personal computer, a wireless or mobile device or any other IP-enabled technology (each, a “Device”). By using the Services, you acknowledge and agree that you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection with the Services (e.g., promotional terms, contest/sweepstakes rules, ecommerce terms, software licenses, social media terms, etc.) (“Additional Terms”). The Services’ Privacy Policy (“Privacy Policy”) and the Additional Terms are hereby incorporated into this Agreement by reference as though fully set forth herein. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

1. Term. This Agreement shall remain in effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Catalina Broadband Solutions may terminate your use of or registration to the Services at any time for any reason.

2. Modifications. We may modify this Agreement from time to time without notice to you for any reason. We will post or display notices of material changes on the Services and/or e-mail you or notify you upon login about these changes–the form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

3. The Services. Catalina Broadband Solutions makes available to Users real-time streams of video programming content (e.g., national and local television programming, including news, sports, movies, dramas, sitcoms, live events, etc.) (“Video Content”) via its proprietary, IP-based content delivery platform, and provides a suite of related features and functionality, including digital video recording (DVR) capabilities, program guides, video-on-demand features, social networking functionality, notification services and other content and resources (“Catalina Broadband Solutions Platform”).

4. Compliance. By using the Services, you represent and warrant that (a) you are 13 years of age or older, (b) your use of the Services does not violate any applicable law, rule or regulation and (c) you shall comply with all applicable cable subscriber terms, Video Content provider/programmer terms, dwelling/facility (e.g., university, residential facility, multiple dwelling unit, etc.) (“Facility”) terms and requirements and any other terms and conditions instituted by third parties applicable to your use of any Video Content made available in connection with the Services.

5. Access. In order to access and use the Services, you are required to input a username, password and/or other authentication combination (whether associated with a Facility, a social networking platform (e.g., Facebook, etc.) and/or otherwise) (“User Credentials”) and provide certain additional information, which may include your email address, legal name, date of birth, zip code, etc. (collectively, a “User Account”). You represent and warrant that all such information you submit is truthful and accurate and that you shall maintain the strict confidentiality of your User Credentials. You are responsible for any use of the Services by anyone using your User Credentials, so it is critical that you do not share your User Credentials with anyone and promptly notify Catalina Broadband Solutions of any unauthorized use thereof. We reserve the right to deny access and use to any User if we believe there is a question about the identity of the person trying to access any account or element of the Services.

6. Territory and Network Requirements. Use of the Services (including access to Video Content) requires that each User be located on the premises of the Facility and connected to a local authorized network (e.g., a wired or Wi-Fi-based connection to a university’s data network, etc.). Catalina Broadband Solutions reserves the right to authenticate and verify your location and corresponding network using your IP address, geo-location and any other information that you, your Facility or computer system provide to us, as well as any publicly available information. Pease see our FAQs for additional information here.

7. Device Requirements. In order to access and use the Services, you may be required to use Device(s) and other technology meeting certain system, configuration and other requirements established by Catalina Broadband Solutions, its content partners, licensors and other third parties, such as platform, storefront and network operators (e.g., Roku, Apple, etc.) (collectively, “Operators”), and you are responsible for ensuring that your Device(s) and other technology meet all such requirements. You agree that certain Devices or operating systems thereon may not support all features available in the Catalina Broadband Solutions application, for example, closed caption display and/or configuration, and that you understand that to access such features via the Services you may need to upgrade your device or its operating system. A list of currently supported Devices can be found here. In addition, you are responsible for any data access, network and/or other service rates and charges you may incur in connection with your Device and use of the Services.

8. Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be asked to provide certain personal information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Services’ Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

9. Proprietary Rights. As between you and Catalina Broadband Solutions, Catalina Broadband Solutions exclusively owns all right, title and interest in and to the Catalina Broadband Solutions Platform and all material and information contained and/or made available on, through or in connection therewith (excluding Video Content owned by third parties) (collectively, “Catalina Broadband Solutions Content”). The term “Catalina Broadband Solutions Content” includes all graphics, computer code, software, interfaces, information, logos, copy, text and all copyrightable or otherwise legally protectable elements of the Services, including the design, selection, sequence, look and feel and arrangement of the Services, and any intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Catalina Broadband Solutions Content” as well.

10. Limited, Non-commercial Use. The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services. Except as expressly authorized by Catalina Broadband Solutions, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, license or circulate to any third party (including on or via a third-party website or platform), or otherwise use, any Video Content without the express authorization of the owner or duly licensed distributor. Any unauthorized or prohibited use of any Video Content may subject you to civil liability, criminal prosecution, or both, under applicable law. Therefore, you are responsible for ensuring that your use of the Video Content accessible in connection with the Services complies with applicable law.

11. Third Party Social Media Services. Catalina Broadband Solutions may enable the use of and/or utilize certain social media features and functionality in connection with your use of the Service, including in order to enable you to log in to the Services via third party online services, such as Facebook (“Third Party Social Media Services”). By logging into the Service using account information from a Third Party Social Media Service or enabling functionality from or engaging in the use of Third Party Social Media Services as part of your use of the Services, you agree that we may transmit your login credentials and other related information to the providers of Third Party Social Media Services and may receive other information from such providers regarding you. For more information about our information collection and use policies with respect to the privacy of such information, please see our Privacy Policy.

12. Social Media and User Postings

12.1 User Postings. Catalina Broadband Solutions may provide you and other Users with an opportunity to participate in viewing communities and other message, comment and communication features on the Services, including in connection with Third Party Social Media Services (e.g., embedded Facebook feeds, etc.), and may provide you with the opportunity to submit, post and otherwise make available comments, reviews, links, content, messages and other information via the Services (collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission (e.g., your User Credentials, your location, etc.). You agree that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and Catalina Broadband Solutions by reason of your transmitting a User Posting to any area of or in connection with the Services. You agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available.

12.2 Unauthorized User Postings. The Services, including all User Posting features and functionality, are made available for personal, non-commercial purposes only and you may not submit, post, email, display, transmit or otherwise make available any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that Catalina Broadband Solutions shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating this Agreement, including Section 16 herein, or is deemed to be unacceptable to Catalina Broadband Solutions, as determined in Catalina Broadband Solutions’s sole discretion.

12.3 License to Use. In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Catalina Broadband Solutions the unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Catalina Broadband Solutions, in our sole discretion.

12.4 Retention of Ownership. Catalina Broadband Solutions does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein and (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity.

13. Video Content/Service Availability. Some or all of the Video Content made available in connection with the Services is provided from third parties and such Video Content may be added, deleted or disabled from the Services from time to time and Catalina Broadband Solutions made add, delete, disable or modify some or all of the Services. Accordingly, you acknowledge and agree that (a) you may no longer be able to use the Services to the same extent, or at all, as prior to such change or discontinuation and (b) Catalina Broadband Solutions shall have no obligation or liability to you in such case. In no event shall Catalina Broadband Solutions be liable for the removal of or disabling of access to any Video Content, the Services, materials or any features or portions of the Services. Catalina Broadband Solutions may also impose limits on the use of or access to certain features or portions of the Video Content or the Services, in any case and without notice or liability to you. By way of example, and not limitation, not all Users of the Services, depending upon the User’s geographic location, equipment, Device, and other factors, will have access to all aspects of the Services.

14. Objectionable Material. You understand that by using the Services, you may encounter Video Content that may be deemed offensive, indecent or objectionable by some, which Video Content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that Catalina Broadband Solutions shall have no liability to you for Video Content (including any Catalina Broadband Solutions Content) that may be found to be offensive, indecent, or objectionable.

15. Payments and Pricing. You hereby agree to pay in full the prices and fees (including all applicable taxes) for any purchases (e.g., add-ons, upgrades, additional features, content, etc.) that are made using your User Account via an authorized payment method. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. Catalina Broadband Solutions reserves the right to change any and all prices for any products and services at any time, for any reason.

16. User Conduct. You are solely responsible for your conduct in connection with the Services and agree that, while using the Services, you shall not:

(a) engage in or encourage conduct that would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party;

(b) engage in or encourage conduct that affects adversely or reflects negatively on Catalina Broadband Solutions, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;

(c) submit, post, email, display, transmit or otherwise make available on or in connection with the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(d) use the Services for commercial or business purposes, including content redistribution, advertising, marketing or offering goods or services or exploitation of information or material obtained on or in connection with the Services;

(e) modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;

(f) modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so;

(g) impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, entity or User Posting (as defined herein), transmit or otherwise make available on or in connection with the Services false or misleading indications of origin, information or statements of fact; or

(h) solicit passwords or personal identifying information for commercial, authorized or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.

Catalina Broadband Solutions reserves the right to investigate and take appropriate legal action against anyone who, in Catalina Broadband Solution’s sole discretion, violates, or is suspected of violating, this Section 16, including reporting you to law enforcement authorities. Further, you agree that Catalina Broadband Solutions may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of Catalina Broadband Solutions, Users or any third parties.

17. Digital Millennium Copyright Act.

17.1 If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

• 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 on the Services are covered by a single notification, a representative list of such works on the Services;

• 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;

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail 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; and

• A statement that the information 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.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Name and Address of Designated Agent:

Catalina Broadband Solutions

Attn: Copyright Agent

P.O. Box 22467,

Baltimore, MD 21203

Facsimile Number of Designated Agent: (410) 727-8245

Email Address of Designated Agent: info@catalinabb.com

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Catalina Broadband Solutions customer service by sending an email to support@catalinabb.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 17, your DMCA notice may not be valid.

17.2 If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Catalina Broadband Solutions for use on the Services, you may send a counter-notice containing the following information to our Copyright Agent:

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

• Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, Catalina Broadband Solutions may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Catalina Broadband Solutions’s sole discretion.

18. Customer Support. For assistance with technical issues, please refer to our online support page at http://catalinabb.com/support or contact info@catalinabb.com.

19. Third Party Services. The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services or (b) any third party websites, content, data, information, applications, goods, services or materials, including Third Party Social Media Services (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Catalina Broadband Solutions, its affiliates or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, supplier, Advertisers (as defined below), Operators or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including their privacy policies), whether the Services’ or Catalina Broadband Solutions’s logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

20. Advertisements. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

21. Indemnity. You agree to defend, indemnify and hold Catalina Broadband Solutions, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your breach or violation this Agreement and/or (c) your User Postings. Catalina Broadband Solutions reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Catalina Broadband Solutions’s defense of such Claim.

22. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL VIDEO CONTENT, CATALINA BROADBAND SOLUTIONS CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL VIDEO CONTENT, CATALINA BROADBAND SOLUTIONS CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services and your use thereof.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CATALINA BROADBAND SOLUTIONS, ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING OUT OF ANY USE OF THE SERVICES OR THIS AGREEMENT, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

You further understand and acknowledge the capacity of the Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Catalina Broadband Solutions assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

23. Governing Law; Miscellaneous.

23.1 This Agreement contains the entire understanding and agreement between you and Catalina Broadband Solutions concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.

23.2 This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, REGARDING YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

23.3 This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Catalina Broadband Solutions without restriction, notice or other obligation to you.

The Services are controlled and operated by Catalina Broadband Solutions from its offices in the U.S. Catalina Broadband Solutions makes no representation or warranty that the Services and any other products or services contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

This Agreement was last modified on the date indicated above and is effective immediately.