LAST UPDATED: July 9th, 2016
Terms of Service
Please read this Terms of Service agreement (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you (“you”) and Local Media Group, Inc. (“Company,” “we,” “us”)concerning your use of the online group-purchasing program known as Limelight Deals (the “Service”), including the website currently located at http://www.limelightdeals.com (together with any successor site(s), the “Site”), and any e-mail offerings, affiliate or co-branded websites, and any other online properties owned or operated by us through which the Service is made available to you.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Service, with or without notice; charge fees in connection with the use of the Service; modify and/or waive any fees charged in connection with the Service; and/or offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any content, feature or product offered through the Service. Your continued use of the Service after such changes will indicate your acceptance of such changes.
2. Jurisdictional Issues. The Service is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You may only use the Service if you reside and are located in the United States, and we may further limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Description of the Service. The Service makes available to users, on behalf of third-party merchants (“Merchants”), the ability to purchase Merchant-issued vouchers (“Vouchers”) for Merchant-provided products and services (“Merchant Offerings”). The Service also makes available to users certain content and services related to Vouchers and Merchant Offerings, which may include, without limitation: (a) services such as profiles, purchasing functionality, registration functionality, Promotions (as defined below), tools, photos, video, blogs, and links to third-party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, and other similar content.
5. Consent to Electronic Notice. You consent to receive notices and communications via posting to the Service, by e-mail, or by regular mail, in Company's discretion. The Service may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that all terms and conditions, agreements, notices, disclosures and other communications that Company provides or makes available to you in electronic form will satisfy any legal requirement that such communications must be in writing. The foregoing sentence does not affect your non-waivable rights.
6. Rules of Conduct. While using the Service you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Service pursuant to Section 20 below. You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Service:
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Service for any fraudulent or unlawful purpose.
- Use the Service to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Service.
- Impersonate any person or entity, including without limitation any representative of Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Service (including without limitation by hacking or defacing any portion of the Service).
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service.
- Remove any copyright, trademark or other proprietary rights notice from the Service or materials originating from the Service.
- Frame or mirror any part of the Service without Company’s express prior written consent.
- Create a database by systematically downloading and storing Service content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Service content or reproduce or circumvent the navigational structure or presentation of the Service without Company’s express prior written consent. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Service, and paying all charges related thereto.
7. Purchases. On behalf of Merchants, the Service allows you to offer to purchase Vouchers from Merchants for Merchant Offerings (each such offer, an “Order”). All Orders are subject to this Agreement and any additional terms and conditions imposed by Merchants. Such additional terms will be presented at the time of the Order, and such terms will supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. You may be asked to supply certain information relevant to your Order, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY ORDER. We may use third-party suppliers and service providers in connection with the provision of the Service, including making Vouchers and Merchant Offerings available through our Service, and you grant Company the right to provide your information to such third parties for purposes of facilitating the acceptance of Orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or acceptance of any Order. We may reject your Order or void any purchase if, in our sole discretion, we believe you have attempted to order Vouchers in excess of the number authorized for a Merchant Offering, or otherwise attempted to violate any terms or conditions of this Agreement or a Merchant Offering. After placing an Order, you will receive a confirmation e-mail and your credit card will be charged. You will receive another e-mail when the Voucher is activated and redeemable for the Merchant Offering.
8. Vouchers. Subject to this Agreement and any additional terms and conditions imposed by the Merchant, purchasing a Voucher provides you with the right to redeem the Voucher for Merchant Offerings. Vouchers contain two separate parts, which together equal the Voucher’s full value: (i) a paid portion that is equal to the amount you are charged for the Order, and that is similar in nature to a paid gift certificate (the “Paid Value”); and (ii) a promotional portion that is equal to the remainder of the value of the Merchant Offering (the “Promotional Value”). The Paid Value and Promotional Value will expire on the expiration date identified on the Voucher (“Expiration Date”), unless prohibited by applicable law in the jurisdiction in which the Merchant is located. To receive a refund, you must provide the following information in writing to email@example.com: (a) identification of the Voucher, and the Merchant with whom you sought to redeem the Voucher; (b) the date, time and circumstances in which the Merchant refused to redeem the Voucher; and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed. We will also refund the Paid Value of any Voucher in the following circumstances: (x) within five (5) days after purchase, provided that the Voucher has not yet been redeemed; (y) if the Merchant has gone out‑of‑business before the Expiration Date; or (z) as required by applicable law. Vouchers are otherwise non‑refundable. Company is not responsible for any Vouchers, including for any unclaimed property liability arising from unredeemed or partially redeemed vouchers.
Unless otherwise stated in the Voucher or Merchant Offering, or required by applicable law, the following additional terms apply to all Vouchers:
- Vouchers do not have cash value.
- No cash back or credit will be issued for partial redemption of a Voucher, except as required by applicable law.
- Use of a Voucher for alcoholic beverages is subject to applicable law and to the discretion of the Merchant.
- Vouchers cannot be combined with any other coupons or promotion.
- Vouchers cannot be used for taxes, tips, prior balances, or shipping or handling.
- Neither Company nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- The sale, trade or duplicate use of Vouchers is prohibited.
- A Voucher’s value does not include sales tax, value-added taxes or use taxes, which may be charged to you separately when you redeem a Voucher.
9. E-Gift Cards.No compensation will be given for lost, stolen or expired gift cards or e-gift cards. LMG is not responsible for replacing lost, stolen or expired gift cards or e-gift cards. Fulfillment of gift cards and e-gift cards is the sole responsibility of the merchant, not LMG, and is only redeemable at the specified locations. All gift cards and e-gift cards are subject to the terms and conditions regarding use, lost, theft and redemption and all other terms and conditions established by the merchant providing that gift cards and e-gift card as well as any applicable laws, rules and regulations of the state where the purchase was made. Any questions or issues regarding the gift cards and e-gift cards must be directed to the merchant customer service center, and will be handled exclusively by the merchant. All transactions, disputes, questions, and all other aspects of the relationship between purchaser and merchant are solely the responsibility of the purchaser and the merchant, and LMG and its affiliates have no responsibility for any such matters. LMG has not made and LMG is not responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the gift cards and e-gift cards, regarding the use, value or enjoyment of the gift cards and e-gift cards, including, without limitation, merchantability or fitness for a particular purpose.
10. Merchant Offerings. Merchants, not Company, are responsible for Merchant Offerings. Company only acts as a service provider in making available Vouchers for such Merchant Offerings, and is not responsible for any injuries, illnesses, damages, claims, liabilities or costs suffered in connection with products or services offered through Merchant Offerings. Descriptions and images or references to Merchant Offerings do not imply Company’s endorsement of such Merchant Offerings. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Merchant Offering on the Service at a particular time does not imply or warrant that such Merchant Offering will be available at any time. Merchant Offerings are only available to persons residing and located in the United States, and certain Merchant Offerings may be further limited to persons residing and located in certain jurisdictions or geographic areas. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in connection with the possession, use or sale of any item purchased through a Merchant Offering. By placing an Order, you represent that any products or services in the ordered Merchant Offering will be used only in a lawful manner. Company and Merchant reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Merchant Offering; to limit the availability of any Merchant Offering to certain jurisdictions or geographic areas; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from placing any or all Order(s); and/or to refuse to make available to any user any Merchant Offering. Refunds and exchanges will be subject to Company’s and Merchants’ refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Orders.
11. Accuracy of Information. We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on the Service may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currentness of any information on the Service. For example, Merchant Offerings included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm Orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an Order or our confirmation of an offer to sell a Voucher. We reserve the right, without prior notice, to limit the order quantity on any Merchant Offering and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any Order.
12. Registration; User Names and Passwords. You may be required to register with Company in order to access the Service. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Service, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Service, to any third party. You are fully responsible for all interaction with the Service that occurs in connection with your password or user name (including, without limitation, all Orders). You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Service, and to ensure that you “log off” and exit from your account with the Service (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
13. License. You may post certain information and materials on your “profile page” (your “Profile”). For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Profile or otherwise through the Service (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Service. As such, you hereby grant to Company, the Affiliated Entities and Merchants, and their respective service providers and designees, a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Service, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the Service.
If you choose to make any of your personally identifiable or other information publicly available in a PROFILE OR A FORUM or otherwise ON THE SERVICE, you do so at your own risk.
14. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Service; to protect Company, the Affiliated Entities or Merchants, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Service's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
15. Company's Proprietary Rights. The information and materials made available through the Service, including the Site, are and shall remain the property of Company or Merchants and their licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to access and use the Service, you may view one (1) copy of any content on the Service to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Service or any materials made available through the Service.
Trade names, trademarks and service marks of Company include without limitation, Limelight Deals, Local Media Group, Seacoast Media Group, SouthCoast Media Group, Hudson Valley Media Group, Pocono Mountains Media Group, San Joaquin Media Group, Southern Oregon Media Group, and any associated logos. All trademarks and service marks on the Service not owned by Company are the property of their respective owners. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trade names, trademarks or service marks without our express prior written consent.
16. Links. The Service may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company, the Affiliated Entities and Merchants, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external sites or resources, and Company, the Affiliated Entities and Merchants, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Service, including to the Site, with or without our authorization. You acknowledge and agree that Company, the Affiliated Entities and Merchants, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, including to the Site, and for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and in its sole discretion, to block links to the Service, including the Site, through technological or other means without prior notice.
18. Disclaimer of Warranties. THE SERVICE AND ANY GOODS, SERVICES, VOUCHERS OR MERCHANT OFFERINGS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE. Company, the Affiliated Entities and MERCHANTS, AND their respective employees, officers, directors, shareholders, affiliates, agents, representatives, LICENSORS, suppliers AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCT, SERVICE, VOUCHER OR MERCHANT OFFERING (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS, SERVICES, VOUCHERS AND MERCHANT OFFERINGS) OBTAINED THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
19. Limitation of Liability. Company, the Affiliated Entities AND MERCHANTS, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, LICENSORS, suppliers AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, Company, the Affiliated Entities AND MERCHANTS, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, LICENSORS, suppliers AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT POSTED ON THE SERVICE BY Company OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE MAXIMUM LIABILITY OF Company FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Company TO ACCESS AND USE THE SERVICE.
While we try to maintain the integrity and security of the Service and the servers from which the Service is operated, we do not guarantee that the Service will be or remain secure, complete or correct, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any unauthorized third-party alteration to the Service, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Service where such material(s) appear.
20. Indemnity. You agree to defend, indemnify and hold harmless Company, the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Service (including all Orders); or (b) any violation of this Agreement by you.
21. Termination. This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Service, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 2, 5, 8–10, 12, 14, 17–21, 24 and 26–28 shall survive any expiration or termination of this Agreement.
22. Voluntary Waiver of Right to Jury Trial and Class Actions. You and we agree that neither you nor we have the right to litigate any claim, dispute or controversy by either you or us, arising out of or relating in any way to this Agreement, including claims regarding the applicability, enforceability or validity of any provisions of this Agreement (each a “Claim”) in court, nor do either of us have the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH ANY CLAIM. SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
a. Prohibition of Class Arbitration. All Claims shall be resolved by binding arbitration on an individual basis. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. Therefore, the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving individual Claims. UNDER THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis and there is no right or authority to consolidate or join any of your Claims with any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
b. Governing Law. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, as may be amended from time to time. If for any reason the Federal Arbitration Act does not apply, the substantive law of the State of New York shall govern this Agreement.
c. Arbitration Location and Procedure. Any arbitration hearing at which you wish to appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. The party bringing the Claim may file its Claim at any of two national arbitration organizations: the National Arbitration Forum, or the American Arbitration Association. The arbitration organization that is selected will administer the arbitration pursuant to its procedures in effect at the time of filing, subject to this Section 21. In the event of a conflict or inconsistency between the respective organization’s rules and this Agreement, this Agreement shall govern. The arbitration will be conducted before a single arbitrator, whose authority is limited solely to individual Claims between you and us. The arbitration will not be consolidated with any other arbitration proceeding. Subject to this Agreement, any decision rendered in such arbitration proceeding will be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. The rules and forms of each respective organization may be obtained as follows: National Arbitration Forum, (1-800-474-2371), P.O. Box 50191, Minneapolis, Minnesota 55405, website at www.arb-forum.com; American Arbitration Association, (1-800-778-7879), 335 Madison Avenue, Floor 10, New York, New York 10017, website at www.adr.org.
d. Arbitrator’s Authority. The arbitrator shall apply the applicable substantive law, consistent with the Federal Arbitration Act, and shall apply statutes of limitation and honor claims of privilege recognized at law. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. PURSUANT TO THIS ARBITRATION PROVISION, THERE IS NO RIGHT TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF THE RESPECTIVE CHOSEN NATIONAL ARBITRAL ORGANIZATION. Either party may, however, request to expand the scope of discovery. If a request is made, within fifteen (15) days of the requesting party’s notice, the objecting party may submit objections to the arbitrator with a copy of the objections provided to the party requesting expansion. The grant or denial of a party’s request will be in the sole discretion of the arbitrator, who shall notify the parties of the final decision within twenty (20) days of the objecting party’s submission.
e. The Arbitrator’s Award. The arbitrator has the ability to award to the prevailing party all remedies available at common law, by statute, or in equity, including injunctive relief, declaratory relief, arbitration costs and attorneys’ fees. The arbitrator shall not, however, have authority to award any punitive damages. YOU AND WE AGREE THAT PUNITIVE DAMAGES ARE NOT RECOVERABLE IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS CONTRACT. For awards not in excess of $5,000.00, upon the timely request of any party, the arbitrator shall provide a brief written explanation of the basis for the award. In the event an award exceeds $5,000.00, or in which there is a request for equitable relief with a potential financial impact or value in excess of $5,000.00, the award of the arbitrator shall be in writing and shall specify the facts and the law on which it is based. In such case, the arbitrator’s findings of fact must be supported by substantial evidence and the arbitrator’s conclusions of law must not be based on legal error or be erroneous under the applicable substantive law. Further, in addition to the Federal Arbitration Act’s grounds for vacation, modification or correction of the arbitrator’s award, the parties shall have the right to judicial review of the arbitrator’s award to determine whether the arbitrator’s findings of fact are supported by substantial evidence and whether the arbitrator’s conclusions of law are based on legal error or are erroneous under the applicable substantive law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. However, if the award is in excess of $5,000.00, judgment may be entered only upon determination by the court that the award is supported by substantial evidence and is not erroneous or based on legal error.
f. Expenses. Regardless of who demands arbitration, we will pay all expenses of arbitration, including the filing, administrative, hearing and arbitrator’s fees (“Arbitration Fees”), to the extent that the Arbitration Fees exceed the amounts you would be required to pay for filing a lawsuit in a court. Throughout the arbitration, each party shall bear his or her own attorneys’ fees and expenses, such as witness and expert witness fees. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration.
g. Binding Effect. You and we agree that, except as specifically provided for above, the arbitrator’s decision will be final and binding on all parties subject to this Agreement.
23. Time Limitation. You and we agree that any cause of action arising out of or related to the SERVICEor this Agreement must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred to the extent permitted by applicable law.
24. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
25. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed at such site.
26. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Limelight Deals, c/o Local Media Group, Inc., P.O. Box 580, Middletown, NY 10940, or by calling us at (866) 344-7716. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
27. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: GateHouse Media. Inc., 350 WillowBrook Office Park, Faiport, NY 14450, Attn: Legal Department, tel: (585)598-0030, fax: (585)248-2631. We suggest that you consult your legal advisor before filing a notice or counter-notice.
28. Ability to Enter Into This Agreement. By using the Service, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
29. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable under any law or statute consistent with the Federal Arbitration Act, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision; however, the prohibition on class arbitration contained in Section 21(a) is not severable from the remainder of this Agreement, and in the event that a court deems such prohibition on class arbitration invalid or unenforceable, any subsequent class action or representative proceeding shall be in a court of law, and will not be subject to binding arbitration. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, administrative or arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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