Mainshares is now 'American Operator'
Terms of Service
Effective: 8/2/2024
preface
AMERICAN OPERATOR HOLDINGS CO.
AMERICAN OPERATOR HOLDINGS CO. (“AMERICAN OPERATOR”, “WE”, “US”, “OUR” AND THE “COMPANY”) OPERATES THE ONLINE PLATFORM LOCATED AT AMERICANOPERATOR.COM (THE “PLATFORM”).
THE TERMS OF SERVICE SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE PLATFORM AND ANY SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE PLATFORM. THESE TERMS ARE LEGALLY BINDING WITH RESPECT TO ALL ACTIVITIES RELATING TO THE PLATFORM. SOME OF THESE TERMS SURVIVE YOUR USE OF THE PLATFORM.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE PLATFORM. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
IN THE EVENT AMERICAN OPERATOR OR ANY ENTITY THAT, DIRECTLY OR INDIRECTLY, CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH AMERICAN OPERATOR, INCLUDING WITHOUT LIMITATION MAINSHARES CAPITAL I LLC AND MAINSHARES LLC (COLLECTIVELY, THE “AFFILIATES”), REQUIRE DIFFERENT TERMS TO MEET THEIR REGULATORY OR BUSINESS REQUIREMENTS, SUCH TERMS WILL BE CLEARLY PROVIDED TO YOU AND SHALL SUPERSEDE THESE GENERAL TERMS WITH RESPECT TO YOUR RELATIONSHIP WITH THAT SPECIFIC ENTITY.
YOU AGREE THAT AMERICAN OPERATOR MAY MAKE CHANGES TO THESE TERMS AND TO THE PLATFORM AT ANY TIME. WE WILL NOTIFY YOU OF ANY SUCH MATERIAL REVISIONS, BUT YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE PLATFORM SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
BY USING THE PLATFORM, YOU AGREE TO THESE TERMS. YOU AGREE THAT THESE TERMS ARE SOLELY BETWEEN YOU (AND ANY PERSON OR ENTITY YOU EXPRESSLY REPRESENT TO BE ACTING AS AN AGENT FOR) AND AMERICAN OPERATOR. FAILURE TO MAINTAIN COMPLIANCE WITH THE TERMS MAY RESULT IN LOSING ACCESS TO THE PLATFORM.
VISITORS TO THE PLATFORM MAY VIEW CONTENT, BROADLY DEFINED AS ANY TEXT, GRAPHICS, OTHER MATERIALS OR INFORMATION UPLOADED, DOWNLOADED OR OTHERWISE ACCESSIBLE THROUGH THE PLATFORM (“CONTENT”).
VISITORS TO THE PLATFORM (EACH A “VISITOR”) MAY PARTICIPATE IN DISCUSSIONS, SHARE INFORMATION, AND INTERACT WITH OTHER VISITORS ON OR THROUGH THE PLATFORM.
1. Use of Platform
By accessing the Platform or by communicating with other Visitors, you agree to: (i) ensure at all times that information about you, provided by you or generated by you (i.e., your Content) is true, accurate, current, complete and not misleading; and (ii) promptly comply with American Operator’s request for specific action(s) or additional information.
You are responsible for all activities on the Platform. American Operator may revoke your access to the Platform at any time it determines that (a) you fail to fully comply with the foregoing obligations or with any provision of these Terms, or (b) your action or inaction on the Platform is inconsistent with American Operator’s mission to ensure transparent, compliant and good faith activities on the Platform, including the maintenance of high standards of commercial conduct and integrity in your interactions with other Visitors.
2. General Obligations
When using the Platform, you agree not to violate the Platform Rules (as defined below).
Aside from your Content, all information, documents and offerings provided on the Platform, including trademarks, logos, graphics and images (the “Materials”), are provided to you by American Operator or other Visitors. Except as expressly stated herein, you acknowledge that all Content and Materials shall be treated as confidential where indicated, and you have no right, title or interest in or to the Materials.
You agree and acknowledge in each instance that American Operator is not an agent or otherwise a responsible entity for any matter whatsoever with respect to any separate business arrangement, transaction, or relationship you may form with other Visitors. American Operator shall not be held liable to any party for any costs or damages arising out of or related to such relationships or transactions.
Unless otherwise required by law, American Operator retains sole discretion to reject or accept any Visitor to participate on the Platform, for any reason or no reason at all.
3. Visitor Rules
As a Visitor, you hereby agree as follows:
You have the right, authority, and capacity to agree to these Terms on your own behalf and on behalf of any entity for whom you are acting, and to abide by all of the terms contained herein. If any aspect of your participation on the Platform violates provisions of the law to which you or any such entity are subject, you (and, if applicable, such entity) will immediately cease using the Platform and close your account.
You are at least 18 years old.
You will not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason.
You will not use a name that is subject to any rights of a person other than yourself without appropriate authorization.
You will not use the Platform for any commercial matter not otherwise authorized by American Operator.
You will not make multiple accounts without the prior consent of American Operator.
You are solely responsible for maintaining the confidentiality of your password.
You will only provide Content that you have a right to provide and understand that all Content provided may be treated as public, non-confidential information (please reference our Privacy Policy for additional information).
The Platform may invite you to participate in discussion forums, or participate in blogs, message boards, chat features, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content through the Platform.
You will conduct yourself in a professional and respectful manner in all your interactions with American Operator and with all Visitors.
All Content provided via comments, feedback, suggestions, ideas, forum posts, and other submissions disclosed, submitted or offered to American Operator, and any chat, blog, message board, online forum, text, email or other communication with American Operator, is hereby (i) licensed to American Operator on a nonexclusive, worldwide, royalty-free, irrevocable, perpetual basis and (ii) treated as non-confidential and non-proprietary.
You cannot have any expectation that American Operator evaluates, confirms, endorses, or otherwise stands behind any Content provided by any Visitor.
You may not treat nor rely on any email or other information you receive as a result of your access to the Platform as a representation of any kind by American Operator.
You have adequate rights to all copyrights, trademarks, trade secrets, intellectual property, or other material provided by you for display by American Operator, and you understand that any other Content you find on or through the Platform is the sole responsibility of the person who provided such Content.
You understand that your Content may be republished and, if you do not have the right to submit Content for such use, it may subject you to liability, and that American Operator will not be responsible or liable for any use of your Content by American Operator in accordance with these Terms.
American Operator may include links to third-party websites that are not owned or controlled by American Operator to assist in the services offered by the Platform. American Operator does not endorse or assume any responsibility for the content or practices of these third-party sites. Your interactions with these third-party services are solely between you and the respective providers.
Except as expressly stated, American Operator is not qualified to provide legal, accounting, tax, or investment advice, and unless explicitly stated otherwise, no information provided to you by American Operator or its staff can be so construed. You agree to obtain such professional advice as is appropriate to protect your interests, including legal, accounting, tax and other advice.
4. Platform Rules
As required of all Visitors, you will not, in connection with the Platform or while engaging with the Platform community (the “Platform Rules”):
Defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive comments related to race, national origin, gender, religion, sexual preference or physical or mental condition;
Use any profane, obscene, pornographic or otherwise objectionable content or language;
Promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
Violate the intellectual property, personal, privacy, or contractual rights, or other rights of any person;
Reveal any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual, without their consent;
Violate these Terms or any local, state, federal or non-U.S. law, rule or regulation;
Trick, defraud, deceive or mislead American Operator or other Visitors, such as by submitting false reports of abuse or misconduct, disguising the source of materials or other information you submit to the Platform, or using tools which anonymize your Internet protocol address to improperly access the Platform;
Interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Platform of other visitors or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other visitors, overloading, flooding or mail-bombing the Platform, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform;
Disparage, tarnish or otherwise harm, in American Operator’s opinion, American Operator or the Platform;
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
Reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Platform utilizes;
Remove, obscure or change any copyright, trademark, or other proprietary rights notices contained in or on the Platform;
Submit any Content or Material that falsely expresses or implies that such Content or material is sponsored or endorsed by American Operator or any other third party;
Interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform;
Sell access to the Platform or any part thereof other than through a mechanism expressly approved by American Operator in writing addressed to you exclusively;
Claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through the Platform, other than Content or intellectual property owned by you;
Copy or distribute Content except as specifically allowed in these Terms;
Use any Content, or other information acquired from any Visitor, or otherwise through your use of the Platform, for any commercial or promotional activity outside of the Platform, without prior written approval from American Operator;
Directly or indirectly, solicit, recruit, or encourage any employee of American Operator or its Affiliates to leave their employment; or
Directly or indirectly solicit, recruit, or encourage any Visitors to leave the Platform and/or breach a contractual engagement with American Operator for the purposes of engaging in competing platform outside of the Platform.
5. Privacy Policy
Your use of the Platform is governed by our Privacy Policy.
The Privacy Policy may be amended from time to time.
6. Third-Party Content
Third parties may provide certain information and content to American Operator (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties.
The Platform may provide links to other websites or resources over which American Operator does not have control (“External Websites”). Such links do not constitute an endorsement by American Operator of those External Websites. You acknowledge that American Operator is providing these links to you only as a convenience, and further agree that American Operator is not responsible for the content of such External Websites.
Your use of External Websites is subject to the terms of use and privacy policies located on the linked External Websites.
7. Mobile Sites
The Platform may be accessible via mobile phone, tablet or other wireless device (collectively, “Mobile Sites”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Sites. You are solely responsible for all costs you incur from accessing the Mobile Sites. All use of the Platform and related Mobile Sites must be in accordance with these Terms.
California
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about American Operator must be sent via certified mail to:
American Operator
Attn: William Fry
13740 N Highway 183 Ste L2
Austin, TX 78750
Furthermore, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
8. Groups Code of Conduct
American Operator may allow Visitors to participate in groups or similar community features (“Groups”), which may be hosted via the Platform and/or via third-party platforms (“Third-Party Platforms”).
Groups are online spaces dedicated to allowing a diverse range of Visitors to connect around areas of interest and discuss opportunities, share resources, and build community. All Groups will be strictly monitored for adherence to the Platform Rules. Your use of any Third-Party Platforms is subject to the terms of use and privacy policies of the respective platform.
9. Third-Party Platforms
Our Platform may include links or embedded content to other websites or services whose terms of use may differ from those of American Operator. When you use a link or access certain features on the Platform, the terms of service of the other website or service will apply.
Our third-party providers may include, but are not limited to, tools for identity verification, scheduling, file storage, and similar operational services. Your use of any third-party service is solely between you and that provider.
10. Miscellaneous Terms
Amendments to the Terms
We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at the domain where the prior version of the Terms was posted, or by communicating these changes through any written contact method we have established with you. Your use of the Platform following the date on which such amended Terms are published will constitute consent to the amended Terms.
Governing Law
These Terms and all aspects of the Platform shall be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in Delaware (i.e., without regard to conflict of laws provisions) regardless of your location.
For the purpose of any judicial proceeding to enforce an arbitration award or incidental to any arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, the parties hereby submit to the non-exclusive jurisdiction of the state and federal courts in Delaware and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon it if sent by certified, express or registered mail addressed to it at the address set forth in the books and records of American Operator, or if no such address has been provided, by email to the email address provided by the relevant parties to American Operator in connection with their use of the Platform.
Injunctive and Equitable Relief
You acknowledge that the rights granted to American Operator through the use of the Platform are of a unique and irreplaceable nature, the loss of which shall irreparably harm American Operator and which cannot be replaced by monetary damages alone. Nothing in these Terms shall prevent American Operator from seeking injunctive or equitable relief (without the obligations of posting any bond or surety) with respect to these Terms, in the event of any breach or anticipatory breach by you. This provision does not limit any other remedies available to American Operator at law or in equity.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (“Dispute”), you and American Operator agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to:
American Operator
Attn: William Fry
13740 N Highway 183 Ste L2
Austin, TX 78750
Binding Arbitration
If you and American Operator are unable to resolve a Dispute through informal negotiations, either you or American Operator may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You thereby agree to arbitrate any controversy or claim in the State of Delaware. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Except as otherwise provided in these Terms, you and American Operator may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and any enforcement obtained thereon in any court having jurisdiction.
All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrator(s) shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance. You and we agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity.
Except as prohibited by law or applicable rule, you and American Operator agree that any arbitration shall be limited to the Dispute between American Operator and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exclusive Process
You acknowledge that the arbitrator(s), and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable. Without limiting the generality of the foregoing, the arbitrator shall have the exclusive authority to interpret the scope of this clause, and the arbitrability of the controversy, claim or dispute.
Exceptions to Informal Negotiations and Arbitration
You and American Operator agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or American Operator’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, privacy violations, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
Waiver
The failure of American Operator to require or enforce strict performance by you of any provision of these Terms or to exercise any right thereunder shall not be construed as a waiver or relinquishment of American Operator’s right to assert or rely upon any such provision or right in that or any other instance.
If any portion of these Terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.
Statute of Limitations
You and American Operator both agree that, regardless of any statute or law to the contrary, but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Platform, these Terms or our Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Third-Party Beneficiaries
These Terms are between you and American Operator. No Visitor has any rights to force American Operator to enforce any rights it may have against any other visitor or third party.
Indemnification
You agree to defend, indemnify and hold harmless American Operator and its Affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Platform or your breach of these Terms.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND/OR ALL INFORMATION BEING PROVIDED ON THE PLATFORM IS PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OR OUTDATED INFORMATION. YOU ACKNOWLEDGE THAT THE CONTENT HAS NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY AMERICAN OPERATOR, AND AGREE THAT AMERICAN OPERATOR DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENT AND FURTHER AGREE THAT AMERICAN OPERATOR HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND/OR ANY INFORMATION OR MATERIAL CONTAINED ON THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” BASIS AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
IN THE CASE OF NEGLIGENCE, NEITHER AMERICAN OPERATOR, NOR ITS AFFILIATES, NOR ANY PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, THIRD-PARTY PROVIDERS, OR CONTENT PROVIDERS OF THE FOREGOING SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO, TECHNICAL ERRORS, ACCIDENTAL ERRORS, YOUR INABILITY TO ACCESS THE PLATFORM, THE RESULTS OF YOUR USE OF THE PLATFORM AND/OR THE INFORMATION PROVIDED ON THE PLATFORM, OR ANY EXTERNAL WEBSITES LINKED TO THE PLATFORM, OR THE CONTENT ON THE PLATFORM, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF AMERICAN OPERATOR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
THIS E DISCLOSURE AND CONSENT IS PROVIDED IN COMPLIANCE WITH THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 USC §7001, ET SEQ. (“E-SIGN ACT”) AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT, AS ADOPTED BY THE VARIOUS STATES. BY USING THE PLATFORM, VISITORS THEREBY AGREE TO THESE TERMS IN THEIR ENTIRETY, WHICH MAY BE AMENDED FROM TIME TO TIME. RELEVANT AGREEMENTS GOVERNING SPECIFIC TRANSACTIONS AND ACTIVITIES ON THE PLATFORM ARE TYPICALLY AGREED TO VIA ELECTRONIC SIGNATURES, EVIDENCED BY THE RELEVANT PARTIES SELECTING THE “ACCEPT” BUTTON OR CONFIRMING VIA OTHER FORMS OF ELECTRONIC COMMUNICATION (“ELECTRONIC SIGNATURE”). YOU AGREE YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL/HANDWRITTEN SIGNATURE. BY SELECTING “I ACCEPT” USING ANY DEVICE, MEANS OR ACTION, YOU CONSENT TO THE LEGALLY BINDING TERMS AND CONDITIONS OF THE RELEVANT AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR E-SIGNATURE, AND THAT THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR E-SIGNATURE OR THE RELEVANT AGREEMENT. YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME. TO WITHDRAW CONSENT, YOU MAY SEND A WRITTEN REQUEST BY E-MAILING SUPPORT@AMERICANOPERATOR.COM. IF CONSENT IS WITHDRAWN, AMERICAN OPERATOR RESERVES THE RIGHT TO DISCONTINUE YOUR ACCESS TO THE PLATFORM, TERMINATE ANY AND ALL AGREEMENTS WITH YOU OR OTHER PARTIES HOSTED ON THE PLATFORM, AND/OR CHARGE YOU ADDITIONAL FEES FOR PAPER COPIES. IF, AFTER YOU CONSENT TO PROVIDE YOUR SIGNATURE ELECTRONICALLY, AND YOU WOULD LIKE A PAPER COPY OF AN ELECTRONIC SIGNATURE, YOU MAY REQUEST A COPY WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ELECTRONIC SIGNATURE BY CONTACTING AMERICAN OPERATOR AS DESCRIBED ABOVE. AMERICAN OPERATOR WILL SEND YOUR PAPER COPY TO YOU BY U.S. MAIL. IN ORDER FOR AMERICAN OPERATOR TO SEND PAPER COPIES TO YOU, YOU MUST HAVE A CURRENT STREET ADDRESS ON FILE WITH AMERICAN OPERATOR AS YOUR PRIMARY MAILING ADDRESS. IF YOU REQUEST PAPER COPIES, YOU UNDERSTAND AND AGREE THAT AMERICAN OPERATOR MAY CHARGE YOU A PAPER COMMUNICATIONS FEE FOR EACH COMMUNICATION AT THE CURRENT RATE DETERMINED BY THE COMPANY.
Consent to Electronic Delivery. AS A VISITOR OF THE PLATFORM, YOU SPECIFICALLY AGREE TO RECEIVE, OBTAIN, AND/OR SUBMIT ANY AND ALL DOCUMENTS AND INFORMATION ELECTRONICALLY. THESE DOCUMENTS AND INFORMATION WILL BE COLLECTIVELY KNOWN AS “ELECTRONIC COMMUNICATIONS,” AND WILL INCLUDE, BUT NOT BE LIMITED TO, ANY AND ALL CURRENT AND FUTURE REQUIRED NOTICES AND/OR DISCLOSURES, AND ALL RELEVANT AGREEMENTS RELATING TO YOUR ACTIVITIES ON THE PLATFORM. YOU ACCEPT ELECTRONIC COMMUNICATIONS PROVIDED VIA EMAIL AS REASONABLE AND PROPER NOTICE FOR THE PURPOSE OF FULFILLING ANY AND ALL RULES AND REGULATIONS AND AGREE THAT SUCH ELECTRONIC COMMUNICATIONS FULLY SATISFY ANY REQUIREMENT THAT COMMUNICATIONS BE PROVIDED TO YOU IN WRITING OR IN A FORM THAT YOU MAY KEEP. AS A VISITOR OF THE PLATFORM, YOU ARE RESPONSIBLE FOR KEEPING YOUR PRIMARY EMAIL ADDRESS ON FILE WITH AMERICAN OPERATOR UP TO DATE, SO THAT AMERICAN OPERATOR CAN COMMUNICATE WITH YOU ELECTRONICALLY. YOU UNDERSTAND AND AGREE THAT IF AMERICAN OPERATOR SENDS YOU AN ELECTRONIC COMMUNICATION, BUT YOU DO NOT RECEIVE IT BECAUSE YOUR PRIMARY EMAIL ADDRESS ON FILE IS INCORRECT, OUT OF DATE, BLOCKED BY YOUR INTERNET SERVICE PROVIDER, OR YOU ARE OTHERWISE UNABLE TO RECEIVE ELECTRONIC COMMUNICATIONS, AMERICAN OPERATOR STILL WILL BE DEEMED TO HAVE PROVIDED THE COMMUNICATION TO YOU.
Notice and Procedure for Making Claims of Intellectual Property Infringements
American Operator respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Visitors to do the same. Infringing activity will not be tolerated on or through the Platform.
Designated Agent Contact Information:
American Operator (Attn: William Fry)
13740 N Highway 183 Ste L2
Austin, TX 78750
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