QVC+HSN+ Terms of Service

1. Introduction

Last Updated: November 7, 2024

Welcome to QVC+HSN+!

Thanks for using the QVC+HSN+ services (including the https://plus.qvc.com website, the QVC+HSN+ streaming services, the QVC+HSN+ vendor management platform, and any other websites, mobile apps, web-based applications, tools, products, or services provided by Streaming Commerce Ventures, LLC, a member of the Qurate Retail Group, that link to or reference these Terms of Service) (collectively, the “Services”). The Services are provided by Streaming Commerce Ventures, LLC and its affiliates (“QVC+HSN+”, “we”, “our”, or “us”), located at 1200 Wilson Drive, West Chester, PA 19380, U.S.A.

BY ACCEPTING THESE TERMS OF SERVICE, BY CLICKING OR TAPPING A CHECKBOX INDICATING ACCEPTANCE OR BY CLICKING OR TAPPING “ACCEPT” (OR OTHER SIMILAR ACTION) OR BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE.

Please read these Terms of Service (these “Terms”) carefully.  Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services.  By accessing or using the Services, you intend and agree to be legally bound by these Terms.  You may wish to print or save a local copy of these Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 12 AND 13 BELOW. THESE TERMS ALSO CONTAIN A BINDING DISUTE RESOLUTION IN SECTION 18 INCLUDING AN AGREEMENT TO ARBITRATE DISPUTES WITH QVC+HSN+ ON AN INDIVIDUAL BASIS, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

2. Using our Services

You must follow any policies made available to you within the Services You must be at least 18 years old to use the Services.

If your Products (as defined in Section 4 below) are sold through the Services, the Streaming Commerce Ventures Seller Agreement that you mutually signed with QVC+HSN+ also applies to your use of the Services (the “Seller Agreement”), and with respect to the sale of your Products under these Terms you are deemed to be a Vendor (as defined in Section 4 below).  In the event of a conflict or inconsistency between these Terms and the Seller Agreement, the Seller Agreement will prevail with respect to the subject matter in conflict or that is inconsistent.

“Talent” means anyone using the Services to market or promote the Services and/or Products pursuant to a Streaming Commerce Ventures Talent Agreement mutually signed with QVC+HSN+ (a “Talent Agreement”).  In the event of a conflict or inconsistency between these Terms and the Talent Agreement, the Talent Agreement will prevail with respect to the subject matter in conflict or that is inconsistent.

Don’t misuse our Services.  For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the QVC+HSN+, QVC or HSN name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.  We reserve all rights in our Content, Services, names, and logos.

Except as provided in the Seller Agreement or Talent Agreement, if applicable, you may use the Content only for your personal informational purposes and for shopping and ordering on or through the Services in accordance with these Terms, and for no other purpose.  Except as provided in the foregoing in this paragraph, we do not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works of, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content, including without limitation by transferring, downloading, or otherwise copying any Content onto any hard drive, cloud storage or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by QVC+HSN+, is strictly prohibited.

Our Services display some Content that is not our own.  For example, some Content belongs to our advertisers, vendors, other third parties, or other users (collectively, “Third Party Content”) or is Your Content (as defined in Section 8 below).  We are not responsible for, and you waive all of our liability with respect to, Third Party Content or Your Content.  Third Party Content and Your Content is the sole responsibility of the individual or entity that makes it available via the Services. We may review Third Party Content or Your Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content or Your Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

Some of our Services are available on mobile devices, which may cause you to incur data charges with your wireless provider.  Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile features.

You consent to receive transactional, marketing, and other communications related to the Service, Products, or QVC+HSN+ or its partners by email and in-app push notifications, which may be sent at any time of day. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. You may opt out of in-app push notifications by disabling notifications in the Services’ settings. Please be aware that there may be a brief period before we are able to process your opt-out.

3. Text Message Services and Communications

If you have subscribed to a QVC+HSN+ text message program, the Services will include text message services, including the ability to use text messaging to receive and reply to messages from QVC+HSN+ (collectively the "Text Message Services"). Your voluntary provision of a mobile number to QVC+HSN+ constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or customary user of that phone number. You understand and agree that such calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner, though QVC+HSN+ may elect to honor such requests. You agree to immediately contact us if any number you have provided to QVC+HSN+ is no longer associated with you. Your failure to provide and update your accurate information is a breach of these Terms. You agree that any telephone calls or other communications between us and/or our agents and you and/or your agents may be monitored and/or recorded.

Although QVC+HSN+ does not charge you for Text Message Services, standard message and data rates may apply. Certain Text Message Services may be prohibited or restricted by your mobile carrier, and not all Text Message Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Text Message Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Text Message Services, and how much they will cost you. By signing up for the Text Message Services, you agree to receive a single text message or multiple text messages from QVC+HSN+, as noted at the time you sign-up (whether you receive a single text message or multiple text messages will depend upon the text message program for which you have enrolled). You will receive a confirmation text message and you may need to reply "Y" or "yes" (or similar reply) to complete your sign-up. In the event you change or deactivate your mobile telephone number, you agree promptly to update your text message subscription account information to ensure that the text messages QVC+HSN+ sends you are not sent to another person who acquires your former mobile telephone number. Your use of the Text Message Services is subject to our privacy statement .

To opt out of Text Message Services, reply "STOP" to any text message you received from us. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that QVC+HSN+ and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from QVC+HSN+ through any other programs you have joined until you separately unsubscribe from those programs.

You may receive a final text confirming your opt-out. To receive help information, reply "HELP" to any text message you received from us.

4. Product Purchases

This Section 4 applies to your purchase of products (each, a “Product”) through the Services.  The Products are available for purchase through QVC+HSN+’s arrangements with QVC+HSN+’s related companies, including QVC, Inc. and HSNi, LLC as well as unaffiliated vendors (each, a “Vendor”). A description of each Product available for purchase through the Services can be found on the applicable Product page on the Services. Product information, including descriptions, technical information, specifications, and other information related to a Product (collectively, “Product Information”) is provided for your convenience in your selection of Products. All prices are quoted in U.S. dollars. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. The appearance of the Products on the Services may differ from the physical article depending on your Internet browser or the device or monitor you use.

All prices posted on Services are subject to change without notice. The list price on the Services is the suggested retail Price of a product as provided by a Vendor. We cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of the items on the Services may be mispriced. If the correct price of an item sold on the Services is higher than our stated price, we or a Vendor will, at our or the Vendor’s discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your order confirmation email.  We are not responsible for pricing, typographical, or other errors in any Product Information or offer by us, and we reserve the right to modify or cancel any orders arising from such errors.

Title and risk of loss for Products pass from a Vendor to you upon such Vendor’s transfer of the Products to a third party carrier.  Shipping and delivery dates are estimates only and cannot be guaranteed. If a carrier is not able to successfully deliver the Products, it will leave a notice with contact information to arrange a new delivery date. We are not liable for any delays or failure in shipment due to incorrect information provided by you, your failure to receive a shipment from a carrier, or other factors outside of our reasonable control.

You may request to return a Product for any reason within thirty (30) days of your receipt of such Product. We do not accept returns after thirty (30) days from your receipt of a Product.

Products and packaging must be returned in their original condition. Returns of Products are subject to additional Vendor return policies and procedures. See the information made available by the Vendor for additional policies and procedures for returning Products. For assistance with a Product return, use the contact us page.

When we receive your returns request, QVC+HSN+ or the applicable Vendor will contact you in a timely manner, with more information, including the address where the Products must be returned. You must return the Products in accordance with the instructions received from QVC+HSN+ or the Vendor within fourteen (14) days from the date QVC+HSN+ or the Vendor provides you with a return address.  The return shipping cost will be at your expense.  If QVC+HSN+ or the Vendor provides you with a prepaid shipping label, the applicable cost of return shipping will be deducted from your refund. You bear the risk of loss for the Products during shipment, and title will pass from you to the Vendor upon the Vendor’s receipt of a return.  Once the Vendor receives the returned Products, we will process your refund back to the same Payment Method (as defined in Section 6 below) you used to make the original purchase on the Services. The refund amount will be the purchase price of the Product minus return shipping costs.

Many Products are packaged with the Vendor’s warranty and service information, including specific terms and conditions. Such warranties may vary from Product to Product.  THE APPLICABLE VENDOR, AND NOT QVC+HSN+, IS RESPONSIBLE FOR THE WARRANTY.

QVC+HSN+ IS NOT RESPONSIBLE FOR ANY DAMAGES IN CONNECTION WITH A PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO (A) TRANSPORTATION; (B) STORAGE; (C) IMPROPER OR NEGLIGENT USE; (D) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; (E) MODIFICATIONS; (F) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY QVC+HSN+; (G) UNAUTHORIZED REPAIR; (H) NORMAL WEAR AND TEAR; OR (I) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND QVC+HSN+’S REASONABLE CONTROL.

TO OBTAIN THE WARRANTY: YOU MUST SEND THE REQUEST IN WRITING BY FOLLOWING THE INSTRUCTIONS PROVIDED BY THE VENDOR IN THE SHIPPING CONTAINER AND/OR THE PRODUCT PACKAGING.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, QVC+HSN+ SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY PRODUCT PURCHASED THROUGH THE SERVICES AND SHALL HAVE NO LIABILITY ARISING FROM YOUR OR ANY THIRD PARTY’S USE OF SUCH PRODUCT.

QVC+HSN+ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT, IN CONNECTION WITH PRODUCTS PURCHASED THROUGH THE SERVICES.

5. Your Account

You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current.  If your account has been assigned to you by an administrator, such as your employer, different or additional terms may apply and your administrator may be able to access or disable your account.  You will timely notify us of any changes to any of the foregoing information.

You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to access your Services account, or on which you store data that allows you to access the Services or you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.

You are responsible for the activity that happens on or through your account.  If you learn of any unauthorized use of your Services account, please use the contact us page.

6. Payment

You agree to pay all amounts owed to us for Products purchased through the Services.  We may require you to maintain valid credit card or other payment account information (each, a “Payment Method”) with us in order to receive the Services or purchase Products, and if so, you hereby authorize us to charge your Payment Method for Products purchased through the Services. Your right to purchase Products through the Services is conditioned upon our receipt of payment.  Refusal of Product delivery does not release you from payment liability. If a payment cannot be charged to your Payment Method or if a charge is canceled for any reason, or if you fail to maintain a valid, up-to-date Payment Method or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. Any failure to maintain a valid, up-to-date Payment Method with us or to keep your payments current will constitute a material breach of these Terms, for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser.  You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.

Without limiting the foregoing in this Section 6, certain Products, such as those requiring special shipping arrangements, may require a specialized checkout process provided by the applicable Vendor. In these cases, you will be transferred to the Vendor’s website for all or parts of the checkout process. Your use of the Vendor’s website may be subject to the Vendor's applicable terms of use or an equivalent agreement. Vendor websites are not operated, controlled, or maintained by QVC+HSN+, and QVC+HSN+ is not responsible for the availability, content, security, policies, or practices of such sites, including without limitation privacy policies and practices. You access such websites at your own risk.

7. Privacy

Our privacy statement explains how we treat your personal information and protect your privacy when you use our Services. (O para ver nuestra declaración de privacidad en español, haga clic aquí .) By using our Services, you agree that we can collect, use, and share data from you as described in our privacy statement. We are not responsible for any information or Content that you share with others via your use of the Services.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Services.

8. Content You Submit or Share

“Your Content” means, without limitation, any text, videos, images, contest or sweepstakes entries, graphics, photographs, video files, illustrations, audio files, essays, questions, trademarks, logos, brand elements, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, and any other content, information, or materials you submit, upload, and/or share through the Services or otherwise share with us, including through social media. In providing Your Content, you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.  If your Products are sold through the Services, the Seller Agreement has additional terms and conditions that apply to Your Content that relates to the Products that are available for sale.  If you are Talent, the Talent Agreement has additional terms and conditions that apply to Your Content.

When you upload, submit, or otherwise share Your Content to or through our Services or otherwise provide Your Content to us (such as through email or social media, subject to the terms and conditions of the applicable social media platform), you give us (and other users and those we work with) a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use Your Content for any purpose, including without limitation reproduction, storage, modification, creation of derivative works, disclosure, transmission, distribution, publication, broadcast, streaming, publicly performing, translating, adapting, and posting, including use for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law.  QVC+HSN+ has no obligation to review, consider, or implement Your Content, or to return to you all or part of any Your Content for any reason.  You acknowledge that Your Content is and will be treated as non-confidential and non-proprietary.  This license is perpetual and irrevocable, and continues even if you stop using our Services, provided that if Your Content includes personal information, our privacy statement may provide you with certain rights in connection with your personal information.

For all of Your Content, you represent and warrant that: (a) you have full authority to provide and license Your Content to QVC+HSN+; (b) Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (c) Your Content is accurate; and (d) the use of Your Content will not violate these Terms and will not cause injury to any person or entity.

QVC+HSN+ has the right but not the obligation to monitor any activity and to edit or remove any of Your Content.  QVC+HSN+ takes no responsibility and assumes no liability for any of Your Content posted by you or by any third party.  We may publicly display Your Content, your profile information, and posts that you make available on the Services or on third-party applications connected to your account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial content.

You agree that you will not use the Services to:

• Violate any law or a third-party’s rights;
• Submit excessive or unsolicited commercial messages or spam any users;
• Submit malicious content or viruses;
• Solicit other people’s login information, credit card numbers, or other sensitive information;
• Harass or bully other users; or
• Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

9. INTELLECTUAL PROPERTY PROTECTION

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so.  If you are a copyright owner or its agent and believe that any content residing on or accessible through the Services infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• Identification of the work or material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
• Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:

• The specific URLs of material that we have removed or to which we have disabled access.
• Your name, address, telephone number, and email address.
• A statement that you consent to the jurisdiction of U.S. District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Your physical or electronic signature.

Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification.  The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material.  If we do not receive any such notification within ten (10) days, we may restore the material to the Services.

The contact information for our Designated Agent is:

Streaming Commerce Ventures, LLC

Attention:  Copyright Agent

Legal Department Mail Code 207

1200 Wilson Drive

West Chester, PA 19380

Email:  CopyrightAgent@qvc.com

If you believe that any of your intellectual property rights other than copyrights have been infringed, please mail a physical copy of your communication setting forth your allegations of infringement, along with any relevant attachments, to the following address:

Attn: General Counsel

Legal Department Mail Code 207

1200 Wilson Drive

West Chester, PA 19380

We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of QVC+HSN+ or others, and/or to remove, delete, edit or disable access to such person’s content.   You agree that we have no liability for any action taken under this Section.

10. About Software in our Services

You may be required to download software (such as a mobile app) to use the Services or certain features of the Services, and the Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”).  You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

QVC+HSN+ gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the Software to access the Services.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and any additional terms and conditions referred to by these Terms.  You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term “Software” as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

11. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.

You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

Sections 8 and 12 – 18 will survive termination or expiration of these Terms indefinitely, along with any other provisions, such as definitions, that by their nature are intended to survive termination or expiration.

12. Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER QVC+HSN+ NOR, EXCEPT WHERE YOU ACT AS TALENT OR AS A VENDOR OF PRODUCTS THROUGH THE SERVICES, ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS OR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE PRODUCTS OR SERVICES, OR THE RELIABILITY OR AVAILABILITY OF THE PRODUCTS OR SERVICES, OR THE ABILITY OF THE PRODUCTS OR SERVICES TO MEET YOUR NEEDS.  WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENTS RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE PRODUCTS OR SERVICES.  EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE PROVIDE THE PRODUCTS AND SERVICES AND ALL INFORMATION PROVIDED THROUGH THE SERVICES “AS-IS.”

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, QVC+HSN+ SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY PRODUCT YOU PURCHASE THROUGH THE SERVICES AND SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM YOUR USE OF SUCH PRODUCT, INCLUDING LIABILITY FOR ANY WRONGFUL DEATH OR PERSONAL INJURY, BASED ON ANY LEGAL THEORY WHATSOEVER, INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY.

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 DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE PRODUCTS AND THE SERVICES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO ANY PRODUCTS OR THE USE OF THE SERVICES.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NOTICE OF ANY DISPUTE OR CLAIM MUST BE PROVIDED TO QVC+HSN+ WITHIN ONE (1) YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

13. Liability for our Services

TO THE EXTENT NOT PROHIBITED BY LAW, QVC+HSN+ (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND, EXCEPT WHERE YOU ACT AS TALENT OR AS A VENDOR OF PRODUCTS THROUGH THE SERVICES, OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF QVC+HSN+ (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND, EXCEPT WHERE YOU ACT AS TALENT OR AS A VENDOR OF PRODUCTS THROUGH THE SERVICES, OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE PRODUCTS OR SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO PURCHASE THE PRODUCT OR USE THE SERVICES (OR, IF WE CHOOSE, TO PROVIDE YOU THE PRODUCT OR SERVICES AGAIN).

IN ALL CASES RELATING TO PROVIDING YOU THE PRODUCTS OR SERVICES, QVC+HSN+ (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND, EXCEPT WHERE YOU ACT AS TALENT OR AS A VENDOR OF PRODUCTS THROUGH THE SERVICES, ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

14. Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

15. Indemnification

You hereby agree to indemnify, defend, and hold harmless QVC+HSN+, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide, or your use or misuse of the Products or Services.  However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

16. About these Terms

We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms.  We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email.   By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms.  If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.

These Terms control the relationship between QVC+HSN+ and you. They do not create any third-party beneficiary rights (except in the limited cases described in Section 10).  If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).  If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. If any claim or action proceeds in court rather than through arbitration or for any action that seeks to enforce or challenge the enforceability of Section 18 of these Terms (including the arbitration agreement, class action waiver, or jury trial waiver) or any provision of these Terms, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the State of Delaware for the County of New Castle and the federal courts for the District of Delaware. You and QVC+HSN+ consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court. Notwithstanding the above, in any claim or action alleging personal injury or property damage caused by products you purchase from QVC+HSN+, QVC+HSN+ reserves the right to apply the product liability law (including any product liability defenses) of your state of residence.

You may not assign or delegate your rights or obligations relating to these Terms or your account for the Services without our prior written consent.  We may assign these terms or assign or delegate any of our rights or obligations at any time.

For information about these Terms, please us the contact us page.

17. Third Party Terms

In the event that QVC+HSN+ makes available a mobile app, this Section 17 shall apply with respect to such mobile app. You agree that in addition to these Terms, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Google Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Services.

Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and QVC+HSN+ acknowledge and agree to the following:  This agreement is concluded between you and QVC+HSN+ only, and not with Apple Inc. (“Apple”). The mobile app downloaded from Apple may only be used on Apple hardware products. QVC+HSN+, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be QVC+HSN+’s sole responsibility.  QVC+HSN+, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.

18. Dispute Resolution (Including Binding Arbitration Agreement, Class Action Waiver, Jury Trial Waiver)

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final, binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by law.

Without limiting your waiver and release in Section 12 and 13, you agree to the following:

This Section 18 applies to you, except where you act as a Vendor and the Seller Agreement applies to a Dispute (as defined below) or you act as Talent and the Talent Agreement applies to a Dispute.  You agree that any Dispute between you and QVC+HSN+ (including any disputes between you and a third-party agent of QVC+HSN+) shall be resolved through binding and final individual arbitration instead of through court proceedings after completion of the Mandatory Informal Dispute Resolution Process set forth in this Section 18 (the “Dispute Resolution and Arbitration Agreement”). In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. “Dispute” shall be interpreted broadly and shall include any claim, controversy, counterclaim, or other disputes arising between you and QVC+HSN+ or any past, present, or future subsidiary, parent or affiliate company or companies, or between you and a third-party agent of QVC+HSN+ relating to these Terms, a Product, the Text Message Services, the Services or any Software, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this Dispute Resolution and Arbitration Agreement; and (3) claims that arise after the cancelation or expiration of this Dispute Resolution and Arbitration Agreement. Dispute also includes: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets and claims of piracy or unauthorized use of intellectual property.

This Section 18 (including the arbitration agreement, class action waiver, and jury trial waiver) shall survive termination of the Terms.

We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.

18.1 Arbitration Agreement

a. Binding Arbitration. This provision is intended to be interpreted broadly. Any Dispute will be resolved through binding individual arbitration, except that either you or we may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. You and QVC+HSN+ retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have Disputes submitted to arbitration as provided in these Terms. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and QVC+HSN+ agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

b. Mandatory Informal Dispute Resolution Process. For any Disputes, whether pursued in small claims court or arbitration, the party initiating the Dispute must first give the other party an opportunity to resolve the Dispute by sending a written description of the claim to the other party (“Notice”). The Notice shall be personally signed by the party submitting the Notice (and the party’s counsel, if represented) and include: (1) a detailed description of the claims; (2) a detailed description of the relief sought, including a calculation for it; and (3) information sufficient to identify any transaction at issue. If you submit a Notice, you shall send it to Streaming Commerce Ventures, LLC, Attn.: General Counsel, 1200 Wilson Drive, West Chester, Pennsylvania, 19380. If we submit a Notice, we shall send it to the mailing address and/or email address we have on file for you. Upon receipt of a fully completed Notice, the parties agree to negotiate in good faith for a period of sixty (60) days in an effort to informally resolve the Dispute. At times, a telephone conference might be helpful to facilitate the resolution of a Dispute. If the party receiving the Notice requests a telephone settlement conference, you agree to personally participate (with your counsel if you are represented) and we agree that a QVC+HSN+ representative will personally participate (with our counsel if we are represented). If the parties are unable to resolve the claim within sixty (60) days after receipt of a fully completed Notice, you or we may then pursue a claim in arbitration or in small claims court. Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating any formal proceeding in arbitration or in small claims court. Any applicable limitations periods (including statutes of limitations) shall be tolled while the parties complete this Mandatory Informal Dispute Resolution Process. A court of competent jurisdiction shall have the authority to enforce this Mandatory Informal Dispute Resolution Process and to enjoin the filing or prosecution of arbitrations and the assessment and collection of any arbitration fees. Notwithstanding the foregoing, a party may also elect to raise non-compliance with this provision in arbitration, including with a process arbitrator or merits arbitrator if applicable.

c. Arbitration Process. Either you or we may start an arbitration proceeding after completion of the Mandatory Informal Dispute Resolution Process set forth above. If you are initiating arbitration, you must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to our registered agent, Corporation Service Company (“CSC”), to begin arbitration. Please find below the Pennsylvania address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website): Streaming Commerce Ventures, LLC, Corporation Service Company, 2595 Interstate Drive, #103, Harrisburg, PA 17110, Attn: Legal Department. If we are initiating arbitration, we must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to the mailing address and/or email address we have on file for you. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocol is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Mandatory Informal Dispute Resolution Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may request to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more, or injunctive relief, shall have a video or in-person hearing unless the parties agree otherwise. You and a QVC+HSN+ representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

d. Arbitration Fees. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

e. Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If twenty-five (25) or more similar Disputes (including yours) are asserted against QVC+HSN+ by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, terminated, or opted out of arbitration pursuant to this provision.

        (i)       STAGE ONE. If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for QVC+HSN+ shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and QVC+HSN+ shall pay the mediator’s fee.

        (ii)       STAGE TWO. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for QVC+HSN+ shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and QVC+HSN+ shall pay the mediator’s fee.

        (iii)       Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment and collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

f. Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: Streaming Commerce Ventures, LLC, Attn.: General Counsel, 1200 Wilson Drive, West Chester, Pennsylvania, 19380. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and QVC+HSN+ in accordance with this version of the arbitration agreement.

18.2 Class Action Waiver; Jury Trial Waiver

You and QVC+HSN+ each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

To the fullest extent permitted by law, you and QVC+HSN+ waive the right to a jury trial.