Plus Ultra Terms of Service

It is important that You fully read these Terms of Use (“Agreement”) carefully before accessing or using this Website, without or without logging in, or downloading content from this Site. These Terms of Use are legally binding upon You (“Subscriber,” “Your”) and Plus Ultra Link, LLC, a Delaware limited liability company (“Plus Ultra”). Your access to, and use of Plus Ultra’s website (“Website”) is subject to, and governed by, these Terms of Use. As a condition to using the Plus Ultra website and/or its services, You understand that you must assent to all of the terms of the Plus Ultra privacy policy, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or other updates. By accessing or using this Website, You confirm Your agreement to and acceptance of these terms, including any change thereof from time, as stipulated hereunder.

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND PLUS ULTRA, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, “PLUS ULTRA ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION.

You affirm that You are either more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or any of its services.

LICENSE

Plus Ultra grants you a revocable, limited, non-exclusive license to subscribe to an account to which you have access for your personal, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. All intellectual property rights for the Plus Ultra website and software are owned by Plus Ultra Link, LLC and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Plus Ultra website unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Plus Ultra content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to Plus Ultra. You understand that this Agreement is limited to streaming internet acceleration services only and do not include any other services whatsoever.

FEES

You acknowledge that Plus Ultra is offering You access to a subscription service (“Service”) through one or more third party merchants. With each account you may have only one active subscription at a time. Payments will be charged on the day you sign up for service and will cover use of that service for the duration of one (1) month, six (6) months, one (1) year, or two (2) years depending on the service level plan. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase. Future services offered by Plus Ultra may not be included with the account. You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.

Plus Ultra reserves the right to change the fees at anytime at its discretion. Subscriber understands that Plus Ultra is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates. Subscriber also understands that any gift-card based transactions for service are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.

REFUND POLICY

If you are less than 100% satisfied with the Plus Ultra service, we will gladly refund your payment if a. the refund is requested within seven (7) days from the date of the initial purchase (not including upgrades, manual or automatic renewals) and b. if you made the purchase directly through Plus Ultra. Requests made later than the 7 day purchase date window shall automatically be denied. If you have initiated the refund process under this Section, and you fail to provide requested verification information related to your account from Plus Ultra sent to your account e-mail address within seven (7) days from the date of the request sent by Plus Ultra, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section. You understand that if you purchase a new account within three months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the seven (7) day period. This  offer does not apply to instances of account subscription renewal payments or billing processor errors, only new purchases. In the event of an unauthorized chargeback, Your account details will be blacklisted.

Due to limitations with 3rd party payment processors, certain accounts cannot be refunded by Plus Ultra directly. Accounts purchased through the Apple Store, Giftcards or third party deal sites, can only be refunded by that specific payment processor.

OUR RIGHTS

Plus Ultra reserves the right to disable access to or close Your account at any given time without any given notice. While Plus Ultra will, at its best interest, attempt to provide full and complete service to You, this right is reserved for reasons which may arise at a later date.

SPECIFIC TERMS AND THIRD PARTY WEBSITES

Some sections of this website or content provided on or through the website (including links to content on third party websites) may be subject to additional rules, license agreements, user agreements or other terms and conditions (“Additional Rules”) that apply to your access or use thereof. If a conflict or inconsistency arises between these Terms and Conditions, and the Additional Rules, the latter shall have precedence and control with respect to your access and use of that area of the Website or content.  Without limitation to the foregoing, links to third party websites, which may be provided in this Website, are provided for convenience purposes only and Plus Ultra makes no warranty nor does it assume any liability in connection with the use thereof.

TERMINATION OF ACCESS AND USE

Plus Ultra reserves the right to modify, suspend or terminate the subscription terms and/or your use or access to the software for any or no reason with or without notice at its sole and absolute discretion. Plus Ultra shall not be liable to you or any third-party for any modification, suspension, or termination of the Website, and/or termination of your use thereof or access thereto.

SERVICE LEVELS

Service coverage, speeds, and quality are not guaranteed. While Plus Ultra shall attempt to maintain the availability of the Service and website at all times, the Service may be unavailable at times for numerous reasons including planned maintenance, unforeseen emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disasters, amongst other reasons. Plus Ultra does not provide any guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to the Service, suspend or block the Service, or cancel the Service at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received. We make no guarantee that the Service will be accessible at any time.

 

PRIVACY

All Information submitted by You or collected by us in connection with Your use of this Website is subject to the Plus Ultra Privacy Policy, the terms of which are incorporated herein by reference.

ACCEPTABLE USER CONDUCT

In the event of a breach of the acceptable conduct section of this Agreement, You may temporarily or permanently lose access to the Plus Ultra account assigned to You. You may not under any circumstances, use the Plus Ultra service for the following:

  • Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Products or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • Transmit unsolicited bulk or commercial messages commonly known as “spam;”
  • Send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  • Participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • Falsify, alter, or remove message headers;
  • Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);

Technical Restrictions

  • Access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • Copy, distribute, or sublicense any proprietary software provided in connection with the Products by Plus Ultra;
  • Distribute programs that make unauthorized changes to software (cracks);
  • Alter, modify, or tamper with the Products or permit any other person to do the same who is not authorized by Plus Ultra;

Network and Usage Restrictions

  • Restrict, inhibit, or otherwise interfere with the ability of any other entity, to use or enjoy the Products, including posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  • Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation to the Products or any Plus Ultra (or Plus Ultra supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Plus Ultra (or Plus Ultra supplier) facilities used to deliver the Products; or
  • Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

WARRANTY DISCLAIMER

YOU UNDERSTAND THAT THE PLUS ULTRA WEBSITE AND SERVICES ARE PROVIDED AS-IS. YOU AGREE THAT USE OF THE PLUS ULTRA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PLUS ULTRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PLUS ULTRA MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLUS ULTRA WEBSITE.

PLUS ULTRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLUS ULTRA WEBSITE, AND PLUS ULTRA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PLUS ULTRA SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY MATERIALS OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, PLUS ULTRA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR PUNITIVE DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PLUS ULTRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE PLUS ULTRA SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLUS ULTRA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PLUS ULTRA SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Plus Ultra, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Plus Ultra Website and/or Service; your material breach of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or any claim that your use caused damage or injury to any third party. This defense and indemnification obligation shall survive the expiration of these Terms of Service and Your use of the Plus Ultra Website and service.

EXPORT CONTROLS

The Plus Ultra software and service is subject to all relevant United States export control laws and regulations. Company makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, the U.S. Treasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).

ASSIGNMENT

The Terms of Use contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Plus Ultra without restriction.

SEVERABILITY

If any term, clause or provision of the present Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, county of Denver, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Colorado, county of Denver. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.

ARBITRATION

The term "Dispute" means any dispute, claim, or controversy between you and Plus Ultra regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Plus Ultra or any company, subsidiary, parent, vendor associated with Plus Ultra that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Plus Ultra that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

EXCLUSION FROM ARBITRATION. YOU AND PLUS ULTRA AGREE THAT ANY CLAIM FILED BY YOU OR BY PLUS ULTRA IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY PLUS ULTRA IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 4643 S ULSTER STREET, SUITE 1120, DENVER, CO 80237, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PLUS ULTRA LOGIN, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH PLUS ULTRA THROUGH ARBITRATION.

NOTICE OF DISPUTE. IF YOU HAVE A DISPUTE WITH PLUS ULTRA, YOU MUST SEND WRITTEN NOTICE TO 4643 S ULSTER STREET, SUITE 1120, DENVER, CO 80237, UNITED STATES, “ATTN: LEGAL DEPARTMENT/ARBITRATION, PLUS ULTRA LINK, LLC: DISPUTE RESOLUTION" TO GIVE PLUS ULTRA THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Plus Ultra does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Plus Ultra may pursue your claim in arbitration pursuant to the terms in this Section.

CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND PLUS ULTRA SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Plus Ultra elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. Because the software and/or service provided to you by Plus Ultra, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Plus Ultra as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Plus Ultra. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or Plus Ultra may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, Plus Ultra may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

CHANGES TO THIS AGREEMENT

You understand that the present Terms of Service are subject to changes made by Plus Ultra at any time at its sole discretion, and You agree to be bound by any and all modifications, changes and/or revisions. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.

The terms and conditions herein apply to all users of Plus Ultra whether a 'visitor,' 'commercial user,' a 'subscriber,' or a 'client' and You are only authorized to use the Plus Ultra service if you agree to abide by all applicable federal and state laws and be legally bound by the terms of use related to this Agreement.