Terms and Conditions – Times Review

Last updated: December 6, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE, USE THE SITE, OR INDICATE ACCEPTANCE OF THESE TERMS.

These Terms and Conditions (“Terms”) govern the use of Times Review Newspapers Corp. dba Times Review Media Group’s (“Times Media Review Group”, “Company”, “We”, “Us” or “Our”) websites (“Sites”) and any of the services offered by Times Review Media Group, and any of its associated newspapers and websites (“Service” or “Services”), and constitute an agreement between you (“you” or “user”) and Times Review Media Group. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services. Your access to and use of the Sites and Services is conditioned on your acceptance of, and compliance with, these, and they apply to all visitors, users and others who access or use the Sites and Services.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION PROVISION AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND TIMES REVIEW MEDIA GROUP OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.

Please read these Terms carefully before using our Sites. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we determine that a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. Any updates will be effective as of the “Last updated” and “Effective” date on this page.

By continuing to access or use our Sites and Services, you agree to be bound by the terms in effect at the time you are accessing or using our Sites and Services. Times Review Media Group will deem you to have agreed to whichever Terms are in effect at the time that you access and use any site. If you do not agree to be bound by one or more of the Terms, you may not access the Sites or Services.

Your access to the Sites and Services are also conditioned on your acceptance of and compliance with our Privacy Policy, available here https://timesreview.com/privacy-policy/. The Sites’ Privacy Policy is incorporated by reference in the Terms.

To the extent permitted by law, Times Review Media Group reserves the right to automatically process your personal information using technologies that use machine learning and/or artificial intelligence. You further acknowledge that by using certain aspects of the Services, you may be interacting with functions that involve the use of machine learning or artificial intelligence.

Mobile Devices

You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.

Subscriptions and Purchases

Subscription period

The Services or some parts of the Services are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.

At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it in accordance with the section below. In the event of cancellation by us, you will receive notice prior to the cancellation.

Subscription cancellations

You may cancel your subscription renewal either through your account settings page or by contacting us. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Sites and use the Services until the end of your current subscription period.

The Services or some parts of the Services, including some content and events may be available for purchase without a subscription. You will only be billed once, and the price will be clearly visible.

Billing

You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

The subscription fees will be billed through our third party processor. You hereby authorize us, through our third party processor, to charge the applicable subscription fees on a recurring basis.

Should your payment method or automatic billing fail to occur for any reason, Times Review Media Group will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If you wish to delete your account or terminate your subscription, you can do so at any time. In the event of termination, you will still be bound by your obligations under these Terms.

Fee Changes

The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period.

The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

Your continued use of the Sites and our Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Refunds

Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by us on a case-by-case basis and granted at the sole discretion of Times Review Media Group.

Free Trial

The Company may, at its sole discretion, offer a free trial of a subscription for a limited period of time.

You may be required to enter your billing information in order to sign up for the free trial.

If you do enter your billing information when signing up for a free trial, you will not be charged by us until the free trial has expired. On the last day of the free trial period, unless you cancel your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

The Company may also allow you to access a limited amount and/or limited type of content without a subscription. Once you have exceeded the limited amount, or if you attempt to access premium content, we will ask you to pay for further access. Paying for further access is voluntary, but we reserve the right to prevent you from accessing such premium content if you do not pay for it.

Promotions

Any promotions made available through the Services may be governed by rules that are separate from these Terms.

If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

User Accounts

In order to access and use certain Services available on these Sites, you may need to sign up for, open and maintain an account (your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services. During the registration process, you may be required to choose a user name and enter your email address. You acknowledge and agree that Times Review Media Group may rely on this email address or user name to identify you. When you create an Account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, and may result in the immediate termination of your Account on the Sites.

You are responsible for safeguarding the password that you use to access the Sites and for any activities or actions under your password, whether your password is with our Sites or with a third party social media service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You agree to accept responsibility for all activities that occur under your Account.

WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.

You may not use the name of another person or entity or a username that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene as a username. If, in our discretion, we determine that your username falls into one of the above categories, we reserve the right to reject the username, or terminate your Account.User Generated Content

Your Right to Post Content

The Sites allow you to submit content such as all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content (“User Generated Content”). By submitting User Generated Content, you acknowledge and agree that Times Review Media Group is not responsible for the content of the Services’ users. You expressly understand and agree that you are solely responsible for the User Generated Content and for all activity that occurs under your Account, including their legality, reliability and appropriateness, whether done so by you or any third person using your Account. For more details, see User Generated Content Restrictions below.

By publishing User Generated Content on the Sites, you represent and warrant that: (i) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the User Generated Content you provide and the rights to use the User Generated Content as provided in this Agreement; (ii) the posting of your User Generated Content on or through the Services does not cause injury or otherwise violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (iii) all User Generated Content and other information you provide is true, accurate, current and complete and does not violate this Agreement.

You retain any and all of your rights to any User Generated Content you submit, post or display on or through the Services and you are responsible for protecting those rights. By posting User Generated Content to the Services, you grant Times Review Media Group a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the User Generated Content, for any purpose, in any form, media, or technology for the full term of any rights that may exist in the User Generated Content. The foregoing license includes, but is not limited to, Times Review Media Group’s use of the User Generated Content in the Times Review Media Group’s educational, advertising, promotional and informational print and online publications and other media projects. You explicitly agree that we may reproduce, in whole or in part, modified or otherwise, any User Generated Content that you submit through the Sites in any of its or their print editions and products. You hereby waive any right to inspect or approve any versions of the Content or other use of the User Generated Content by the Times Review Media Group and any right to compensation for the Times Review Media Group’ use of the User Generated Content. You agree that this license also includes the right for Times Review Media Group to make your User Generated Content available to other users of the Services, who may also use your User Generated Content subject to these Terms.

User Generated Content Restrictions

You may not transmit any User Generated Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable User Generated Content include, but are not limited to, anything that:

is defamatory, obscene, pornographic, an invasion of privacy, or that you intend to inflict emotional distress;

advocates or facilitates a violation of any law, or that is itself illegal to communicate or transmit;

infringes any proprietary right of any person, such as copyright, trademark, trade name, patent right, or trade secret; violates an order of a court or governmental agency;

proposes or solicits any commercial transaction, or proposes or solicits any donation or payment of any funds for any purpose, or advertises or promotes any good or service for sale or lease;

transmits “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;

violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty; or

contains software viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs, or any other computer code, file or program that functions to interrupt, damage, destroy, interfere with, or limit the functionality of any computer software or hardware or telecommunications equipment; or that Times Review Media Group has determined in its sole discretion to remove from any of the Sites.

You also are not allowed to collect or store personal information or data about other users.

No Pre-screening or Editing

The Sites may offer weblogs, photo galleries, chat rooms, bulletin boards, forums for registered users to sell items through classified advertisements, and other interactive areas where users can express opinions, share ideas and information. Times Review Media Group cannot and does not monitor all of the User Generated Content published on the Sites. Times Review Media Group does not control, is not responsible for, and does not guarantee the accuracy, integrity or quality of, the User Generated Content made available through the Sites. By using the Sites, you may be exposed to User Generated Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using the Sites, you agree to accept such risks and you agree that Times Review Media Group is not responsible for the act, errors or omissions of users or of User Generated Content on the Sites. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on the Sites and any of their User Generated Content. You also agree that under no circumstances will Times Review Media Group be liable in any way for any User Generated Content or for any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed or otherwise made available via the Sites. You acknowledge that Times Review Media Group does not pre-screen or pre-approve User Generated Content on the Sites, but that Times Review Media Group has the right (but not the obligation) in its sole discretion to refuse, delete or edit any User Generated Content that is available through the Sites, for any reason or for no reason. The Company can also limit or revoke the use of the Services if you post such objectionable User Generated Content.

Copyright Policy

Copyright Infringement

We respect the intellectual property rights of others. It is Times Review Media Group’s policy to respond to any claim that Content or User Generated Content posted on the Services infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe your copyrighted work has been copied in a way that constitutes copyright infringement on our Sites, you must submit your notice in writing to the attention of our copyright agent via email at [email protected] and include in your notice a detailed description of the alleged infringement and where it appears on the Sites.

You may be held accountable for any damages incurred (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.

A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

Identification of the URL or other specific location on the Services where the material that you claim is being infringed is located.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is true and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, Times Review Media Group will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.

Use of Information and Materials

The information and materials contained on the Sites, and the Terms, policies, and descriptions on the Sites, are subject to change. You accept sole responsibility for all of your activities using the Sites. Your use of the Sites is limited to the intended function of the Sites. Unauthorized use of the Sites and systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Sites, is strictly prohibited. You may not use the Sites in a manner that:

harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);

is unlawful, fraudulent, or deceptive;

uses technology or other means to access content or systems of Times Review Media Group in a manner that is not authorized by Times Review Media Group;

uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Times Review Media Group;

attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

attempts to gain unauthorized access to Times Review Media Group’s computer network or user accounts;

encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

violates the Terms or any other Times Review Media Group policies;

attempts to damage, disable, overburden, or impair Times Review Media Group servers or networks;

fails to comply with applicable third-party terms; or

constitutes any other inappropriate conduct, as determined by us in our sole discretion.

Intellectual Property

You are permitted to use content delivered to you through the Service only on the Sites. You may not copy, reproduce, distribute, or create derivative works from this content for commercial use. You agree not to reverse engineer or reverse compile any of the Service technology, including without limitation any Java applets associated with the Service.

The Sites, their content, any materials downloaded, and all intellectual property relating to the Sites (including copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Times Review Media Group or third parties and all right, title and interest in them remain the property of Times Review Media Group and/or such third parties (collectively, the “Content”). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized only to view and retain a copy of the pages of the Sites for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Sites for the purpose of transacting business with Times Review Media Group. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Internet, or in any way distribute or exploit the Sites, or any portion of the Sites for any public or commercial use without the express written consent of Times Review Media Group. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Sites (or printed pages produced from the Sites); and (ii) make any other modifications to any documents or information obtained from the Sites other than in connection with completing information required to transact business with Times Review Media Group.

Your Feedback to Us

You assign to us all rights, title and interest in any feedback you provide to Times Review Media Group. If for any reason, such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

Links to Other Websites

The Sites and our Services may contain links to third-party web sites or services that are not owned or controlled by us. Times Review Media Group has no control over, and is not responsible for, the terms of use, privacy policy, or content of any sites or services that may be linked to any of the Sites that are not owned or controlled by us. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. Those links are provided for your convenience only. Any purchase made through, and any information given, to these third party links are not the responsibility of Times Review Media Group. You further acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Links to Times Media Review Group Sites and Content

Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Sites or our affiliated pages, such as our YouTube and social media pages, provided that the hyperlink accurately describes the content as it appears on the Sites or affiliated pages. Times Review Media Group reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” or “embed” or “stream” the Sites, or any of their content, or copy portions of the Sites to a server, except as part of an Internet Service Provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the Sites, or source in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Sites.

RSS Services

Really Simple Syndication service (“RSS”) is a means by which Times Review Media Group enables individuals to view headlines, videos and other types of content from such sites in newsreaders for their personal use in XML format (“RSS Content”) to the Sites’ visitors. Should Times Review Media Group elect to launch an RSS service and you elect to receive it, you must agree to these terms and conditions, in addition to the other terms and conditions set forth above and below.

Times Review Media Group’ RSS service may be provided to you for free for non-commercial use only and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, is forbidden. In addition, you must use any RSS feeds as provided by Times Review Media Group and you may not edit, modify or otherwise alter the text, content or links supplied to you. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the RSS Content.

Times Review Media Group’ RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Sites. You may not display the RSS Content in any manner that does not permit successful linking to, redirection to or delivery of the applicable Times Review Media Group website page. In addition, you may not insert any intermediate page, splash page or other content between the RSS link and the applicable Times Review Media Group website page.

Times Review Media Group retains all copyright ownership and other legal rights in the RSS Content, as well as all ownership and other rights in any logos, trade or service marks used in connection with Times Review Media Group’ RSS service. You must provide attribution to the Sites in connection with your use of the RSS feeds.

In its sole and unfettered discretion, Times Review Media Group reserves the right to discontinue or refuse to provide RSS feeds to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its RSS feeds for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which Times Review Media Group believes appropriate.

Times Review Media Group assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds. The RSS Content, as with the rest of the Content, the Sites, and the Services, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the Disclaimer of Warranty and Limitation of Liability sections contained herein with respect to your use of Times Review Media Group’ RSS service, as with your use of the rest of the Sites and any other service available through them.

Classified Advertising

When you submit a classified ad, or any other advertising content, for publication on the Sites, you agree that the advertisement as it appears on the Sites become the property of Company and you assign all ownership interest in the advertisement as it appears on the Sites, under copyright law or otherwise, to Times Review Media Group. Submission of an advertisement by you to the Sites does not constitute a guarantee by Times Review Media Group to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. Times Review Media Group reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Real Estate Advertisements; Equal Housing Opportunity

All real estate advertised at the Sites is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. Times Review Media Group will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.

Sites Security

As a condition of your use of the Sites, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other Times Review Media Group client or user of the Sites; (iii) probe, scan or test the vulnerability of the Sites or the Times Review Media Group network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or advertising of products and services not offered by Times Review Media Group. If you violate our system or network security, it could result in civil or criminal liability to you.

Times Review Media Group makes no warranty whatsoever to you, express or implied, regarding the security of the Sites, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Sites. Times Review Media Group is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Site by using the contact information in the “Contact Us” section below.

Due to technical difficulties with the Internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Times Review Media Group recommends that you install appropriate anti-virus or other protective software.

TIMES REVIEW MEDIA GROUP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.

Termination

Times Review Media Group may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that Times Review Media Group shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, with or without cause, including without limitation, if you breach these Terms and Conditions. You agree that Company, including its Times Review Media Group, will not be liable to you or any third party as a result of such termination. The prospective obligations of these Terms will survive termination of your access to the Sites or these Terms of Use.

Upon termination, your right to use the Sites and our Services will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Services or, if necessary, cancel your subscription in accordance with the procedures set forth on our website.

Limitation of Liability

Company shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, any of the Sites, our Services, or any of the Sites’ Contents, including from the transmittal of viruses, worms, or other elements harmful to a computer system. You hearby release and forever waive any and all claims you may have against the Protected Parties (as defined below) for losses or damages you sustain in connection with your use of the Site and/or Services. Notwithstanding any damages that you might incur, the entire liability of Times Review Media Group and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Services or $100 USD if you have not purchased anything through the Services. Times Review Media Group and you agree that this shall include all forms of damages.

To the maximum extent permitted by applicable law, Times Review Media Group and/or its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if Times Review Media Group or any supplier has been advised of the possibility of such damages and even if the remedy is not sufficient restitution.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Liability Of User

If you post, transmit, or submit to any Site, anything in violation of these Terms, you agree to defend, indemnify, and hold Company, Times Review Media Group and its agents, successors, and subsidiaries (collectively, the “Protected Parties”) harmless from and against any and all actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services on your behalf. Under no circumstance will Times Review Media Group be liable for damages of any kind that result from your use of, or the inability to use, the Services.

If you have an Account with any of the Sites to post or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your Account, regardless of whether you permitted such use.

Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.

Disclaimer Of Warranties

THE SITES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE. COMPANY UNDERTAKES NO OBLIGATION TO UPDATE THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SITES SHALL CREATE ANY WARRANTY REGARDING THE SITES NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SITES AND ITS CONTENT AND DATA MAY BE PROVIDED BY US FROM TIME TO TIME WITHIN THE SITES.

These Terms were written in English (US). Any translated version is provided solely for your convenience using third party translation services such as Google Translate. You understand and agree that Times Review Media Group in no way controls or is responsible for any third-party product or service accessed through the Site.

Dispute Resolution and Governing Law

If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting Times Review Media Group.

By proceeding to use the Sites, you consent to arbitration in accordance with the provisions below, or, if the arbitration provisions do not apply, to be subject to the territorial jurisdiction of the courts of The State of New York or the United States District Court for the Eastern District of New York. You also agree that New York and, if applicable, federal law will govern the interpretation of these Terms and Conditions and the existence of your agreement to them.

ARBITRATION PROVISION AND CLASS ACTION WAIVER

THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.

Agreement to Arbitrate. Except as otherwise explicitly provided in this Arbitration Provision, Times Review Media Group, together with its parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Dispute”) arising from or relating in any way to (i) the use of the Services, (ii) these Terms of Use, or (iii) the relationship between you and any Transaction Party in connection with any of the foregoing that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with the use of the Site and the Services or any of the foregoing on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in the same proceeding or a related proceeding.)

“Dispute” Defined. Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, constitution, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Services, including, but not limited to, any dispute or claim arising before the date you accessed the Site or the Services or agreed to these Terms of Use and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Services and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of a Transaction Party; (iii) any product or service provided by or through a Transaction Party or third parties in connection with the use of the Services or the relationship between you and a Transaction Party and any associated fees; (iv) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with the use of the Services or your relationship with the Transaction Party; (v) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Services or agreement governing the same; or (viii) compliance with applicable laws and/or regulations.

Exceptions to “Dispute.” Notwithstanding any of the foregoing: (i) disputes or controversies about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms of Use or your agreements governing the use of the Services or with Transaction Parties as a whole are for an arbitrator and not a court to decide; (ii) any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Provision; and (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. Moreover, this Arbitration Provision will not apply to any Dispute that was already pending in court before this Arbitration Provision took effect.

Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision. The parties further agree that, in order to bring a claim in arbitration, they must first be able to satisfy the federal standing requirement under Article III of the United States Constitution with respect to their claims, and that the arbitrator shall be empowered to make a binding determination on standing. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms of Use and any agreement governing the use of the Site and the Services. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.

Arbitration Procedures. Either you or a Transaction Party can initiate arbitration through the AAA or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve and we cannot agree on a substitute, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. Any arbitration will be governed by the then-current Consumer Rules, and its Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, 1-800-778-7879, www.adr.org. The Document Submission Procedures are included in the Consumer Rules. The parties shall pay filing, administrative and arbitrator fees in accordance with the Consumer Rules. If you cannot afford to pay your share of the fees and cannot obtain a waiver from the AAA, you can make a written good faith request for a Transaction Party to pay or advance such fees. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law, these Terms of Use or an applicable agreement gives a party the right to recover such expenses from the other party. If the arbitrator determines that any party’s claim or defense is frivolous, wrongfully intended to oppress or harass the other party, or lacks standing as required by these Terms, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. The arbitration will be conducted by a single arbitrator solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. If an in-person hearing is necessary, it will be held in the federal judicial district in which you reside or at another location that is reasonably convenient to all parties.

CLASS ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration (not in court) only on an individual basis and not as a class, collective or other representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other unless all parties otherwise agree in writing; (b) there is no right or authority for any Dispute to be arbitrated on a class-action, collective action or private attorney general basis or to utilize class action procedures; and (c) 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. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.

Miscellaneous; Conflicts. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with these Terms of Use, or your agreements governing the use of the Services, or with an arbitration provision in any agreement with a Transaction Party, this Arbitration Provision shall govern.

Survival; Severance. This Arbitration Provision shall survive termination of the Site and the Services or these Terms of Use or of any agreement into which you enter with a Transaction Party; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms of Use but also to any subsequent agreement (including without limitation any agreement governing the use of Site or Services) into which you enter with a Transaction Party. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (a) if the Class Action Waiver is limited, voided or found unenforceable with respect to a Dispute that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim and that determination becomes final after all appeals have been exhausted, the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.

RIGHT TO OPT OUT: If you do not want this Arbitration Provision to apply, you must send us a signed notice within thirty (30) calendar days of the date on which you electronically submit an application for a product or service offered by a Transaction Party through the Site or Services. You must send the notice in writing (and not electronically) to Times Review Media Group, 7555 Main Road, PO Box: 1500, Mattituck, NY 11952, United States. You must provide your name, address, telephone number, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms of Use or any other agreement governing the Site or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision in these Terms of Use and any other agreement governing a Service or with a Transaction Party. Please note that if you enter an agreement with a Transaction Party that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.

Changes

You are responsible for reviewing these Terms regularly. We will not amend the Arbitration Provision or Class Action Waiver in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision and Class Action Waiver in its entirety. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Sites and updating the “Last Updated” or “Effective” date. Such revisions will go into immediate effect once posted to the Sites. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.

Entire Agreement, Severability and Waiver

Entire Agreement

These terms contain the entire understanding between you and Times Review Media Group governing your use of the Sites, our Services and their Contents.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Times Review Media Group’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

By email: [email protected]

By visiting this page on our website: https://timesreview.com/contact/

By phone number: 631-298-3200

By mail: Times Review Media Group, 7785 Main Road, Mattituck, PO Box 1500, NY 11952, United States