Terms of service MEMBER AGREEMENT
Terms of Services Agreement is effective March 15, 2021.
Introduction and Acceptance of Terms. Hometown Hall welcomes you! This Terms of Services Member Agreement (referred to as “Member Agreement” or “Terms of Services”) is made by and between CityNewsAndTalk.Com, INC. and Hometown Hall (the “Website” or “Site”) which is operated by CityNewsAndTalk.Com, INC. and you, the user (“you”, “your”, “Member”, “Visitor”, or “User”). We use “Hometown Hall”, “we”, “us”, and “our” to refer to CityNewsAndTalk.Com, INC., Hometown Hall, and any of our affiliated or related websites apps, or companies and this Member Agreement applies to all of these websites, apps, and companies.
In addition, when using the Services, you shall be subject to any posted policies, guidelines or rules that are applicable to the use of the Services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. Some of the Services we offer are also governed by supplemental terms. If you use any of those Services, supplemental terms will be made available and will become part of this Member Agreement with you. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Member Agreement.
PLEASE REVIEW THE ARBITRATION SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY USING THIS WEBSITE AND OUR SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THIS ARBITRATION SECTION.
IF YOU DO NOT AGREE TO THE CURRENT TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE OR OUR SERVICES, SINCE YOUR USE CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.
1. Description of Services and Users. Hometown Hall makes available a collection of resources to its registered and non-registered users as the Services. Registered users (“Members”) can create Content (as defined by Section 3 below), select favorites, edit, rate, comment and read other people's Content. Non-registered users (“Visitors”) can browse topics, profiles, and other people’s Content. We offer personal accounts to individual residential members and may offer special, personalized-functionality accounts in some locations to certain entities such as government agencies, businesses, nonprofits, news media, and other organizations (“Special Accounts”). Special Accounts may have personalized or different access and these Members agree to any additional terms or guidelines that may be provided at any time on this Website.
ALL OF OUR SERVICES ARE PROVIDED "AS IS" AND HOMETOWN HALL ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, HOMETOWN HALL PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
Unless explicitly stated otherwise, any new features which augment or enhance the Services, including without limitation our release of new apps, websites, and accounts are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Hometown Hall can discontinue their ability to use the Site at any time. In addition, we have the right to delete any piece of Content, and provide comment on any topic or profile we find objectionable in our reasonable discretion.
You may only use this Website for purposes expressly permitted by the TOS. As a condition of your use of Hometown Hall, you represent and warrant to Hometown Hall that you will not use the Website and any Services for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are totally responsible for any activity that takes place on Hometown Hall under your name, User Name and password. If you become aware of any unauthorized use of your User Name and/or password it is your responsibility to notify us immediately. It is up to you to maintain the confidentiality of your password and User Name at all times.
You understand that you may receive business-related communications from us such as Services announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them.
You understand that you are responsible for obtaining access to the Services and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
You must be at least 13 years of age to access and view the service. If you are a minor (under the age of 18), you can use our Services only in conjunction with the consent and under the supervision of your parents or legal guardians and you represent that your parents or legal guardians also agree to this Member Agreement on your behalf and that you are fully able and competent to enter into this Member Agreement. If you are a minor, please do not submit any personal information to this website. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE OUR WEBSITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME. We do not knowingly collect any personal information from visitors or users of our Site who are under the age of 13. You cannot use this Website or our Services if you are a convicted sex offender, if we previously disabled your account or access for violations of our TOS or this Agreement, or if you are prohibited from receiving our products, Services, or software under any applicable laws.
2. Access to This Website and our Services. To access this Website and our Services, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website and our Services that all the information you provide will be correct, current, and complete. When you register, you must use your real name, unless in our sole discretion an exception should be granted. You can only create one account and cannot share your password, give access to your account to others, or transfer your account to anyone else without our express permission. Submitting inaccurate registration information, registering when you do not meet our eligibility requirements, or otherwise providing inaccurate registration information is a violation of this Member Agreement. If we believe the information you provide is not correct, current, or complete, we have the right to deny access to this Website, or to any of its resources, and to terminate or suspend your access at any time.
3. Rules of Behavior.
• You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the Site. You agree to use the Services to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy or publicity rights of others.
• You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.
• You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose without receiving prior express consent from us.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password.
• You must not use our Services for any illegal, immoral, or unauthorized purpose.
• You must abide by all applicable Federal, State and local laws and regulations. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
• You cannot modify, edit, or delete any Content and communications of the Hometown Hall Website and/or of other individuals other than your own Content.
• You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Services.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
• You must not interfere with or disrupt the Services or servers or networks connected with the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
• You cannot create Member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted Content is endorsed by Hometown Hall or any affiliate thereof.
• You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
• You must not engage in any "spamming" of any kind, including without limitation ad spamming.
• You cannot use our name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that we are associated with, or endorses, or is in any way connected with you, your business, or your Content.
WHILE HOMETOWN HALL EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT HOMETOWN HALL SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY HOMETOWN HALL IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
4. Content. As a registered Member, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Hometown Hall, for all of the Content that you upload post, email, transmit or otherwise make available through the Services, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on Hometown Hall is entirely your responsibility.
We shall have no liability of any kind with respect to any Content posted by you or other users of the Services. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Members or otherwise created, distributed and displayed on any part of the Services. Hometown Hall does not control or monitor all of the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Hometown Hall does not own any of the Content you post. By placing Content on the Services you are providing Hometown Hall with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site. Hometown Hall reserves the right to exploit or promote this Content in connection with the promotion of the Services and other services offered by us.
You agree that by posting Content you own on the Services, all other users can reproduce and use such Content in connection with the Services, subject to all applicable laws. Hometown Hall shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify us with respect to any claim or dispute you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission.
Hometown Hall will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.
You acknowledge that Hometown Hall may or may not pre-screen Content, but that Hometown Hall and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates the TOS and/or is otherwise objectionable as determined by us in our sole discretion.
Hometown Hall may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of Hometown Hall, its users and the public.
Hometown Hall respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Hometown Hall may, but is not obligated to disable, suspend and terminate the accounts of Members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us as soon as practically possible at firstname.lastname@example.org with the relevant information pursuant to 17 U.S.C.S. §512(c)3.
To the maximum extent permitted by applicable law, you release us and our directors, agents, subsidiaries, attorneys, joint ventures, employees, respective parents, subsidiaries, divisions, affiliates, predecessors, successors, assigns, affiliates, related partnerships or entities and each of their respective past, present and future officers, directors, managers, employees, members, partners, shareholders, investors, indemnitors, accountants, owners, trustees, insurers, vendors, clients, attorneys, agents, representatives and contractors from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such claims or disputes. If you are a California resident, you expressly waive and release all rights under Cal. Civ. Code §1542 and any like provision or principle of common law. Section 1542 provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
5. Links. The Services may provide, or third parties including Hometown Hall Members may provide, links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Hometown Hall. We have no control over these sites and their content, and make no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that we are not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF WE REQUEST YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, WE HAVE THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
6. Indemnity. You agree to indemnify, defend, and hold us and our directors, agents, subsidiaries, attorneys, joint ventures, employees, respective parents, subsidiaries, divisions, affiliates, predecessors, successors, assigns, affiliates, related partnerships or entities and each of their respective past, present and future officers, directors, managers, employees, members, partners, shareholders, investors, indemnitors, accountants, owners, trustees, insurers, vendors, clients, attorneys, agents, representatives and contractors harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of this Website or the Services in violation of the TOS and/or your violation of any rights of another or any applicable law, rule or regulation.
7. No Resale of Services. You agree not to, without our express prior written consent in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of this Website or the Services or content or other information or materials of any kind that you do not own.
8. Modification and Termination of the Services. We reserve the right at any time and from time to time to modify, edit, change, or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that we will not be liable to you or any third party for the consequences of any modification, editing, changing, suspension or discontinuance of the Services.
10. Registration. In order to use certain aspects of the Services you are required to register. We refer to registered users as “Members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Member Agreement:
• In consideration of your use of the Services, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
• You agree to provide true, accurate, current and complete information as required on the Register Sign Up Form. If you provide any information that is untrue, incomplete, not current or inaccurate, we have the right to suspend or terminate your account and refuse your current or future use this Website or of the Services.
• You agree that your account is non-transferable and any rights to your account, password, User Name, credit accounts, and virtual currency or goods terminate upon your death or disability and/or termination of account for any reason.
• You are responsible for any activities that take place under your User Name and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
11. Practices regarding Use and Storage. You acknowledge that we may establish general practices and limits regarding use of the Services including, without limitation, the maximum number of email messages or posts which may be sent or received from an account of the Services, the maximum size of any email message or post that may be sent from or received by an account of the Services, the maximum amount of disk space that will be allotted on our servers on your behalf, and the maximum number of times and duration for which you may access the Services in a given time. You agree that we have no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Services. You acknowledge and agree that we reserve the right to log off accounts and deactivate User Names and accounts that are inactive for an extended period of time. You further acknowledge that we have the right to modify these practices and limits from time to time.
12. Our Proprietary Rights; Trademarks and Copyrights. You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is our property and the property of our licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Services is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or Software, in whole or in part, at any time. You also acknowledge our exclusive rights in all of our trademarks and service marks. Trademarks, service marks, logos, and copyrighted works appearing on this Website or any of our Services are our property or the party that provided such intellectual property to us. We and any party that provides intellectual property to us retains all rights with respect to any respective intellectual property appearing on this Website or any of our Services and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
13. No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame this Website or any Services without our express prior written permission as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services, in whole or in part, and/or any content accessible within this Website or our Services. For purposes of this TOS, "framing" refers to displaying any Hometown Hall webpage or Services within a bordered area of another website, regardless of whether the address of our originating website is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from us.
14. Disclaimer of Warranties. The use of the Services and this Website is at your sole risk. The Services are provided on an "as is" and "as available" basis. WE EXPRESSLY DISCLAIM ALL 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. HOMETOWN HALL MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICEs WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICEs WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create a warranty not expressly stated in these TOS.
15. Limitation of Liability. You expressly understand and agree that we will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Services, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Services, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services, and/or any other matter relating to the Services. In no event will we be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
16. Special Admonition for Services Relating to Financial Matters. If you receive or request any news, messages, or other information from the Services concerning stock quotes, companies, investments, or securities, remember that the Services is provided for entertainment purposes only, and no Content included or information made available by the Services is intended for trading or investing purposes. We and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
18. Payment Account. Payment Account refers to your personal or business checking, savings, credit card, credit account, credit line, or money market account from which we bill payments for your Account(s). We recommend that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating an account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed). If you set up a Payment Account with us there may be additional terms and policies that will apply to payments that you make on or through this Website or another one of our platforms. Any additional terms or polices will be posted to the updated version of this Member Agreement or on our Website.
19. Disclosures Required by Law. We reserve the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. We will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that we shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS MEMBER AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.
20. Disputes and Choice of law. If there is any dispute about or involving us and/or the Services, you agree that any dispute shall be governed by the laws of the State of Arizona, without regard to conflict of law provisions, except as may be otherwise provided in the Arbitration section of this Member Agreement. You agree to personal and exclusive jurisdiction by and venue in Maricopa County, Arizona. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
(a) It is expressly agreed between you and us that any controversy or claim arising out of or relating to this Member Agreement (expressly excepting therefrom any claim by us for payment due from you, the “Excluded Claims”) shall be settled by binding arbitration before the American Arbitration Association in accordance with the substantive laws of the State of Arizona and the Arbitration Rules of the American Arbitration Association (“AAA”). It is further expressly agreed between you and us that judgment upon any award rendered by a single arbitrator may be entered in any court of competent jurisdiction. The Arbitration section shall survive the termination of this Member Agreement or your discontinued use of our Services.
(b) Class Arbitration and Other Non-Individualized Waiver and Consolidation of Claims . Subject to any exceptions as set forth herein, any dispute, controversy, or claim arising out of or relating to this Member Agreement or our Services (including without limitation the suspension, termination, material breach, and/or validity hereof) (a “Dispute”) shall be submitted to mandatory final and binding arbitration (“Arbitration”) before the American Arbitration Association (“AAA”) in accordance with its then current arbitration rules. Notwithstanding the foregoing, (i) class arbitration (including the presiding over any form of a representative or class proceeding); and (ii) the consolidation of claims made by more than one plaintiff, are both expressly prohibited (individually and collectively referred to as the “Class Action Prohibition”). The parties hereby agree to arbitrate any Dispute solely on an individual basis. You further agree to not otherwise participate in any purported class, consolidated, collective or representative action, as a plaintiff, a class member, or otherwise, with respect to any matters covered by this Member Agreement.
(c) Severability. In the event the Class Action Prohibition is deemed invalid or unenforceable, the remaining portions of this Arbitration section will remain in full force and effect. The arbitrator's authority and jurisdiction shall be limited to determining the matter in dispute consistent with controlling law and this Member Agreement. The arbitrator shall not have the authority to add to, subtract from, or modify any of the terms of this Member Agreement. Except as it relates to Excluded Claims, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Member Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
(d) Opting Out. To opt-out of this Arbitration section which mandates arbitration, you must give us written notice of your rejection of this Arbitration section by sending written notice of your decision to opt out to us at email@example.com within thirty (30) days after first becoming subject to a version of this Member Agreement which contains this Arbitration section. Your notice to us opting out of this Arbitration section should include your name, address, email used to register your account, User Name (if applicable) as well as a statement that you do not wish to resolve disputes with us through arbitration. You hereby agree and acknowledge that you may only opt-out of this Arbitration Section in the manner described above and it is not sufficient to notify us of your intent to opt-out of this Arbitration via telephone or any other means. You can only reject this Arbitration Agreement until the thirtieth (30th) day following the day you become subject to this Member Agreement; thereafter, you will be bound by this Arbitration section. If you opt out of arbitration, all other sections of this Member Agreement will continue to apply to you. Opting out of this Arbitration section has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(e) Waiver of Jury Trial. Waiver of jury trial. We and you hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury (expressly excepting therefrom any claim by us for payment due from you).
The failure of us to exercise or enforce any right or provision of this Member Agreement shall not operate as a waiver of such right or provision. Any waiver a section of this Member Agreement or of the TOS by us must be in writing and signed by an authorized representative of us to be effective.
If any section of this Member Agreement is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the section, and the other sections of this Member Agreement shall remain in full force and effect.
The section titles in the Member Agreement are for convenience only and have no legal or contractual effect.
You authorize us and all of our affiliates, agents, and others calling at our request or on our behalf to contact you at any number (i) you have provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, SMS, MMS, emailing, texting, using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider.
Nothing contained in the TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions. Please report any violations of the TOS or this Member Agreement to us at firstname.lastname@example.org or (833) CITYNEWS (248-9639).