Terms of Use

Effective September 2024

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

SECTION 17 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.

1. General

Applications:

RetailMeNot
IGN Core
IGN Playlist
TechBargains

As part of the registration process, you may be asked to select a username and password and you will be responsible for keeping your password secure and for all activities occurring under your username.. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.

By using the Services, you agree to: (a) provide accurate and complete information about yourself as prompted by the registration form for a Service (“Registration Data”), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of your password. In the event you compose a profile upon registering for the Services (a “Member Profile”), such profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

For Shopping Services:

Certain sites allow you to purchase products (“Products”). Such Products and pricing on the sites may change at any time without prior notice to you. You agree that you will only purchase Products on the sites for your own use and enjoyment or as a gift for another person, that all information you submit through the sites is complete, accurate, current and true and that you are not barred from receiving Products under applicable law. Some Products you purchase may be used or contain used parts. Certain software or other materials that you purchase through the sites may be subjected to further export controls. You agree to comply with all applicable export and re-export restrictions, laws and regulations and will not encourage, assist, or authorize the transfer of such products to a prohibited country in violation of law, rule or regulation. Please be advised that an order confirmation to you does not signify acceptance of your order, nor does it constitute confirmation of an offer to sell. At any time after receipt, your order may be accepted, declined, or quantity restrictions or other limits may be placed on your order for any reason. If you are charged for an order that has been canceled, you may seek a refund for the full amount of the canceled portion of such order. While we strive to make all information on the sites as accurate as possible, we do not warrant that Product descriptions or other content is accurate, complete or error free. Promotions and availability of products are subject to change and we cannot confirm the availability or price of an item until you place your order. For more information please see our return policy. Please also be advised we do not operate a call center.

Participation; Adding and Using Vouchers and Discount Codes:

Members are encouraged to play an active role on the Site and have the possibility of posting Discount Coupons, Refund Offers on the Site as well as publishing Opinions concerning their online shopping experiences on merchant sites, subject to compliance with the conditions described in this Agreement.

The use of vouchers and discount codes implies that the user of the Site clicks on the buttons “Display the code and launch the site” or “display the site” or even on the graphic banner of the Site. These buttons/links cause the opening in a new browser window of the merchant site receiving the reduction voucher you have selected. After each use of a code or discount voucher, the Site invites you to indicate the correct or incorrect functioning using the interface provided for this purpose. We also invite you to leave a comment to provide additional information. These notices will allow us to remove invalid discount codes.

Definitions.

“Activated Rewards Oﬀer” is defined as a Rewards Oﬀer for a Promotion that has been initiated by you but is not yet completed. In-Store Cash Back receipt scanning Rewards Oﬀers may activate when you submit a Receipt after a Qualifying Transaction during the Promotion Period. For other Rewards Oﬀers, activating such Rewards Oﬀer requires at a minimum clicking the Promotion Link or Link Cash Back Button, and may require additional steps as described on the Promotion Landing Page.

“Approved Reward” is defined as a Reward oﬀered under an Activated Rewards Oﬀer for which RetailMeNot has determined that you: (1) met the eligibility requirements; (2) completed the required purchase(s); and (3) satisﬁed all other applicable conditions in order for the Reward to become eligible for redemption.

“Bonus Reward” is defined as a bonus Reward oﬀered to certain RetailMeNot members who complete a qualifying activity or who meet certain criteria, as deﬁned in a Rewards Oﬀer Card or Promotion Landing Page, in addition to or in combination with oﬀers for Online Cash Back Rewards, or In-Store Cash Back Rewards.

“In-Store Cash Back Rewards” is defined as Rewards that RetailMeNot provides after receiving a Receipt from Qualiﬁed Transaction, excluding amounts for returned or canceled purchases, and may sometimes be referred to as “In-Store Cash Back” or “In-Store Cash Back Rewards” on the RetailMeNot website or app, or on the Promotion Landing Page.

“Link Cash Back Button” is defined as a virtual button provided on the Promotion Landing Page or Rewards Oﬀer Card that allows you to activate a Rewards Oﬀer. In some cases, clicking the Link Cash Back Button may also direct you to the Merchant’s website.

“Merchant” is defined as the merchant that is speciﬁed on the Promotion Landing Page.

“Minimum Purchase Amount” is defined as the amount speciﬁed on the Promotion Landing Page as the minimum purchase amount from the Merchant that is required to be eligible for the applicable Rewards Oﬀer. The Minimum Purchase Amount excludes discounts/promos, store points/rewards programs, tax, tip, fees, and any amount used to purchase Excluded Items.

“Number of Rewards Oﬀers per Person” is defined as (a) for Online Cash Back Rewards, a limit of twenty (20) Rewards Oﬀers in the aggregate under all RetailMeNot Promotions in any calendar month and a limit of seven (7) Rewards per Merchant in any calendar month and (b) for In-Store Cash Back Rewards, a limit of ﬁfteen (15) Rewards Oﬀers in the aggregate under all RetailMeNot Promotions in any calendar month, unless otherwise speciﬁed in the Promotion Landing Page.

“Online Cash Back Rewards” is defined as Rewards that RetailMeNot tracks through your Internet browser (e.g., tracking cookies), excluding amounts for returned or canceled purchases, and may sometimes be referred to as “Online Cash Back” on the RetailMeNot website or app, or on the Promotion Landing Page.

“Promotion Landing Page” is defined as the website or app page that describes the Promotion and links to these Promotion Terms.

“Promotion Link” is defined as the hyperlink provided on the Promotion Landing Page of an Online Cash Back Rewards Oﬀer that directs you to the Merchant’s website.

“Promotion Period” is defined as the period beginning on the start date speciﬁed on the Promotion Landing Page and ending at the earlier of (1) the time that all of the Total Rewards Oﬀers available during Promotion have been claimed or (2) the end date speciﬁed on the Promotion Landing Page. The Promotion Period may be shortened or extended at RetailMeNot’s discretion. All start and end dates are based on Central Standard Time, unless otherwise indicated.

“Qualifying Transaction” is defined as a purchase that is (a) in an amount greater than the Minimum Purchase Amount; (b) from a participating Merchant; (c) in connection with a Rewards Oﬀer; (d) made via an Online Cash Back Rewards Offer or submitted through a Receipt; and (e) in RetailMeNot’s sole discretion, satisﬁes all of the Promotion Terms.

“Receipt” is defined as a proof of purchase from an in-store Qualifying Transaction with a Merchant during the Promotion Period. To be eligible for an In-Store Cash Back Reward, the Receipt must (i) be in US dollars and (ii) clearly display the date; Merchant name; receipt number or other identiﬁer speciﬁc to that Merchant, that Qualifying Transaction and on that applicate date; the item(s) purchased; the item price; and total amount spent on the item(s). The Receipt must clearly display all required information and meet any other speciﬁed terms to be eligible for an In-Store Cash Back Reward, including terms displayed on the Promotion Landing Page or Rewards Oﬀer Card. All decisions regarding whether to issue a Reward and/or accept a Receipt are in RetailMeNot’s sole discretion.

“Redemption Process” is defined as the steps you must take, as speciﬁed by RetailMeNot in its sole discretion, in order to redeem Approved Rewards. A minimum approved balance of $5.01 is required for redemption (the “Minimum Redemption Amount”). The Redemption Process is further described below.

“Reward” is defined as a reward given by RetailMeNot to you for fulﬁlling the requirements of the Promotion, as speciﬁed on a Promotion Landing Page and Rewards Oﬀer Card.

“Rewards Oﬀer” is defined as an oﬀer for a Reward.

“Rewards Oﬀer Card” is defined as the area of a website page or app that describes a Rewards Oﬀer and may include the Link Cash Back Button, a details section, and a link to a Promotion Landing Page.

“Rewards Wallet” is defined as the user interface associated with your RetailMeNot account that will show Activated Rewards, Approved Rewards, and related information.

“Third-party Service Providers” is deﬁned in Section 7 below.

“Total Rewards available during Promotion” or “Total Rewards Oﬀer” is defined as the limited quantity of Rewards available under the Promotion, as speciﬁed on the Promotion Landing Page if the quantity is limited.

Eligibility. Promotions are available to individual users of RetailMeNot who are residents of the United States and at least eighteen (18) years of age. Participation in any Promotion and the opportunity to earn Rewards from any Promotion are oﬀered at the sole discretion of RetailMeNot. Purchases for resale or commercial use are excluded from eligibility. Further, Reward earnings are subject to adjustment to reflect any returns or cancellations of Qualifying Transactions. In any calendar month, you are limited to the Number of Rewards Oﬀers per Person and the amount that may be earned, in the aggregate under all RetailMeNot Rewards Oﬀers, may be limited.

How to Earn RetailMeNot Cash Back Rewards. Online Cash Back Rewards. To earn Rewards pursuant to a Rewards Oﬀer for Online Cash Back Rewards, you must: (1) during the Promotion Period, click on the Promotion Link right before making an online purchase via the Merchant’s website; (2) complete the online purchase in an amount equal or greater to the Minimum Purchase Amount; and (3) satisfy any and all other conditions speciﬁed on the Promotion Landing Page. Upon veriﬁcation that your purchase qualiﬁes and that you have satisﬁed applicable requirements, the Reward speciﬁed for the applicable Rewards Oﬀer will be considered an Approved Reward. YOU MUST CLICK ON THE PROMOTION LINK FOR THE REWARDS OFFER DURING THE SAME SHOPPING SESSION THAT YOU COMPLETE YOUR PURCHASE FROM THE MERCHANT. THE PURCHASE MUST BE MADE IN US DOLLARS. IF YOU VISIT OTHER SITES BEFORE COMPLETING YOUR PURCHASE, OR IF YOU USE COUPON CODES NOT PROVIDED BY RETAILMENOT, YOUR PURCHASE MAY BE ASSOCIATED WITH A SERVICE OTHER THAN RETAILMENOT AND YOU MAY NOT BE ELIGIBLE FOR THE REWARD(S). YOU MUST NOT ENABLE AN AD BLOCKER OR OTHERWISE DISABLE COOKIES ON YOUR COMPUTER, BECAUSE COOKIES ARE USED TO AUTHENTICATE YOUR PURCHASE.

RetailMeNot In-Store Cash Back Rewards. To earn Rewards pursuant to a Rewards Oﬀer for In-Store Cash Back Rewards by submitting a Receipt, you must: (1) Activate the Rewards Oﬀer, if applicable; (2) complete the required purchase via a Qualiﬁed Transaction; (3) submit a valid, readable Receipt through the Promotion Landing Page in accordance with the stated terms; and (4) satisfy any and all other conditions speciﬁed on the Promotion Landing Page or Rewards Oﬀer Card.

If you complete the obligations in Sections 4(b)(i) and 4(b)(ii) and the Reward Offer is still available, the Reward specified for the applicable Reward Offer will be considered an Approved Award.

RetailMeNot Receipt Scanning. You agree to at all times provide accurate and complete information to RetailMeNot. You agree not to: submit a Receipt that is false, inaccurate, fabricated, counterfeited, incomplete, tampered with, adjusted, or otherwise inauthentic for the purpose of seeking to claim a Reward; redeem, or attempt to redeem, a Reward for products that have not actually been purchased, or for products that have been returned; submit or attempt to submit a Receipt that has already been submitted or used by you or another user; or submit Receipts outside of a Promotion Period, or for a purchase that took place prior to or after the launch date of a Rewards Oﬀer.

RetailMeNot may, in its sole discretion, extend or shorten the redemption period for a Rewards Oﬀer.

As between you and RetailMeNot, the determination as to what transactions are Qualifying Transactions shall be made by RetailMeNot in its sole discretion.

Bonus Rewards. From time to time, RetailMeNot may oﬀer a Bonus Reward to certain RetailMeNot members who complete a qualifying activity or who meet certain criteria, as deﬁned in a Rewards Oﬀer Card or Promotion Landing Page, in addition to or in combination with oﬀers for Online Cash Back Rewards or In-Store Cash Back Rewards. For example, RetailMeNot may oﬀer certain Bonus Rewards to new members who earn an Online Cash Back Reward for the ﬁrst time or earn certain Online Cash Back Rewards for the ﬁrst time. In order to earn a Bonus Reward, you must satisfy all criteria set forth for earning the Bonus Reward as well as the requirements of these Promotion Terms during the promotion period for the Bonus Reward. RetailMeNot, in its sole discretion, may adjust the promotion period and/or the bonus amount for Bonus Reward, at any time, without notice. All decisions by RetailMeNot are ﬁnal and binding on you. Bonus Rewards are a limited time oﬀer and all criteria must be satisﬁed within the dates of the Promotion.

Returns, Approvals, and No Ownership. For any Rewards Oﬀer, if you return or exchange the items purchased, complete your purchase before or after the Promotion Period, initiate a purchase that results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any other conditions speciﬁed on the Promotion Landing Page or Rewards Oﬀer Card, RetailMeNot reserves the right to invalidate or withdraw all or part of the Rewards Oﬀer, or reclaim Reward earnings. The determination of whether or not a purchase qualiﬁes for the Rewards Oﬀer and whether applicable conditions have been satisﬁed is at the sole discretion of RetailMeNot. In the event of a dispute, you may be required to provide your order conﬁrmation as proof of purchase. Order confirmations must be provided within six (6) months from the purchase date to qualify for this review. The timing of when RetailMeNot will issue an Approved Reward will vary based on a number of factors. These factors may include the type of Promotion pursuant to which a Reward is oﬀered and your account activity as a member of RetailMeNot. RetailMeNot reserves the right, in its sole discretion, to determine the order and timing in which to process its conﬁrmation of eligible purchases. Rewards may be limited where participation exceeds the Total Rewards Oﬀers available during Promotion or in other cases, as determined by RetailMeNot in its sole discretion. RetailMeNot also reserves the right, in its sole discretion, to reevaluate Approved Rewards, at any time, without notice, including, but not limited to, whether purchases qualify for the Promotion and whether applicable conditions have been satisﬁed, and RetailMeNot, in its sole discretion, may adjust or withdraw any Rewards Oﬀers or any Approved Rewards (or reclaim Reward earnings), at any time, without notice. All decisions by RetailMeNot are ﬁnal and binding on you.

Participating in a Rewards Oﬀer does not give you ownership or any other legal claim to any Reward unless and until RetailMeNot, in its sole discretion, determines that you have met all eligibility criteria and fulﬁlled all requirements for the Promotion and you have completed the Redemption Process. Rewards Oﬀers are provided solely by RetailMeNot and are not underwritten or funded by any other third party. You may not make any claims for Rewards Oﬀers against Merchants or any other third party. Notwithstanding that Rewards Oﬀers may include oﬀers of cash, prior to redemption, Rewards Oﬀers and Approved Rewards have no monetary value and you may not obtain any money or any other thing of value for any Approved Reward or participation in any Rewards Oﬀer unless and until you complete the Redemption Process and a payment has been issued by RetailMeNot for Approved Rewards.

Wallet and Redeeming Rewards. Approved Rewards will be shown in the RetailMeNot Rewards Wallet. You have no vested rights in Approved Rewards unless and until you complete the Redemption Process. If your RetailMeNot account is terminated by RetailMeNot, as provided in these Promotion Terms or the Terms of Use, or if you elect to close your RetailMeNot account, you will no longer be permitted to access the Rewards Wallet or redeem Approved Rewards shown therein. You may redeem Approved Rewards for cash using PayPal or Venmo.

If an account has not been credited with a Qualifying Transaction in the previous 12 months, it may be deemed an Inactive Cash Back Account. Accounts which meet this criteria will be debited a monthly maintenance fee in the amount of the lesser of $2.00 or the current account balance. Maintenance fees will not draw the account balance below $0.00. Maintenance fees will be assessed until the account balance reaches $0.00 or the account becomes an active cash back user again.

Abuse and Cancellations. RetailMeNot reserves the right to cancel, suspend and/or modify a user’s account, entire Promotion, or any part of it, or the payment of any Rewards amounts at any time without obligation or notice to you, including, without limitation, if any fraud, technical failures, limit of available Rewards, gaming, human error or any other factor impairs the integrity, availability or proper functioning of the Promotion, as determined by RetailMeNot in its sole discretion. Without limiting anything in these Promotion Terms or the Terms of Use, RetailMeNot reserves the right, in its sole discretion, to disqualify, terminate or suspend the participation in any Promotion, or otherwise prevent future participation, of any individual it ﬁnds, or reasonably suspects, to be tampering with the operation of a Promotion (including by submitting or attempting to submit fraudulent or ineligible Receipts) or to be acting in violation of the Promotion Terms or any promotion, or in behaving in an unethical, dishonest, deceptive or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and, should such an attempt be made, RetailMeNot reserves the right to seek damages from any such person to the fullest extent permitted by law. RetailMeNot shall not be liable to you for any suspension, modiﬁcation or termination of a Rewards Oﬀer, Approved Rewards, or the Promotion program.

If your account remains inactive for 24 months, RetailMeNot reserves the right to permanently close the Account at which time the cash back rewards will be considered expired and will no longer be eligible for redemption. Before closing the Account, RetailMeNot will attempt to alert you to the fact that your account may be shut down due to inactivity.

For Spiceworks and Lead Generation Related Services:

Except as otherwise set forth herein, the Service is made available to you for: (a) your personal use; (b) your internal business use; or (c) if you are a Managed Service Provider (“MSP“), or Value Added Reseller (“VAR”), use in connection with the commercial support of your customers, in compliance with all applicable laws, rules, and regulations. If you want to make any other commercial use of the Service, including but not limited to selling, distributing, or providing access to the Service for payment, you must enter into a separate written agreement with Spiceworks or obtain Spiceworks’ written permission in advance

If you choose to complete a Spiceworks user profile, a project page, or a profile page, you agree to accurately represent yourself, your background and experience, your work history and company affiliation, your certifications and areas of expertise, and any other personal or company information you chose to share. You also agree not to impersonate any person, company, or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person, company, or entity.

You are solely responsible for the photos, profiles, messages, notes, text, information, music, videos, plugins, source code, computer software, and other

If you download, install, or access the Desktop or Tools, the following provisions apply to you.

License. The Desktop and Tools are licensed, not sold, to you for use only under the terms of the Agreement. Subject to the terms and conditions of and your ongoing compliance with the Agreement, including without limitation payment of the applicable fees (if any), Spiceworks hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license to download, install, and use the Desktop or Tools on equipment or compatible devices owned or controlled by you or your Consenting Users, and in each case solely for your personal, non-commercial use, or, if you are an entity rather than an individual, to allow your employees and contractors to use the Desktop for the sole benefit of you and your Consenting Users, if each of those employees or contractors has agreed to and is bound by the Agreement. “Consenting Users” means individuals who have authorized you to use the Desktop or Tools in connection with and install any related components on equipment or compatible devices that they own or control for the purposes of collecting Collected Data and who have agreed to be bound by the terms of the Agreement.

The scope of the license granted under the preceding paragraph does not include the right to use the Desktop or Tools in connection with, in any manner, the following types of information: (a) payment card information or any information governed under the Payment Card Industry Data Security Standard; (b) “nonpublic personal information” as the term is defined in 15 U.S.C. § 6809 or other information subject to any applicable financial privacy law; (c) protected health information, as the term is defined in 45 C.F.R. 160.103; (d) Social Security numbers; or (e) with regard to the processing of personal data subject to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, “sensitive” personal data. The foregoing data constitutes “Prohibited Data.”

Automatic Updates. The Desktop or Tools may communicate with Spiceworks’ servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plugins and new versions. During this process, the Desktop or Tools may send Spiceworks a request for the latest version information. By installing the Desktop or Tools, you hereby agree to automatically request and receive updates from Spiceworks’ servers.

2. Your Use of Content

Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, (ii) use any robot, spider, site search and/or retrieval application, or other device to crawl, scrape, database scrape, screen scrape, harvest, gather, extract, retrieve or index any portion of the Services, or (iii) use any text, code, image, audio, video, or other content from any portion of the Services (a) for data set creation, analysis, or manipulation (including activities sometimes called “data mining,” “text and data mining,” or “TDM”) and/or (b) in connection with the development or operation of any software program, including but not limited to any artificial intelligence or machine learning model, software, or process (such as training, fine-tuning, embedding, and the like), either directly or indirectly, including through a third party (including use of a third-party dataset created in any part by prohibited means). Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.

You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, or any other customer, including any account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, to solicit the performance of any illegal activity, or for other activity that infringes our rights or others.

You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.

3. Rules of Conduct

The above is not a complete list of illegal and/or prohibited uses of the Service.

Use of the Services is subject to existing laws and legal processes. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

5. Endorsement

Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.

8. Copyright Policy

A notification of claimed infringement must include the following:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;

(b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the Services (including any additional identifying information such as URLs and post numbers to assist us in identifying the allegedly infringing material);

(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and

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

(a) an electronic or physical signature of the person authorized to act on your behalf;

(b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;

(c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.

11. International Use

We make no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.

13. Binding Arbitration

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.

ARBITRATION AGREEMENT

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims for mental or emotional distress or injury not arising out of physical bodily injury;
claims that are currently the subject of purported class action litigation in which you are not a current member of a certified class; and
claims that may arise after the termination of this Agreement.

After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). If you are unable to participate in the settlement conference by video, you may attend telephonically upon showing of good cause or extraordinary circumstances warranting telephonic participation (e.g., inability to afford equipment or sufficient Wi-Fi due to indigent circumstances). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

We and you agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in Section 13(2) and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

All issues are for the arbitrator to decide, except as otherwise expressly provided herein. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.

The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriately represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)).

(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration

(9) Mass Filing: If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 13(2), until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage Four: If your claim is not resolved at this time, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.

15. Limitation Period for Claims

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 our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Australia Residents

Nothing in these Terms (including in Sections 6, 9 and 15) limits, excludes or modifies any rights you may have under any law, including under the Australian Consumer Law (the “ACL”) and consumer guarantees under the ACL, which may not be limited, excluded or modified by agreement (including where such exclusion, restriction or modification would be illegal or void under such law).