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Submitted URL: http://wpxi.com/visitor-agreement/
Effective URL: https://www.wpxi.com/visitor-agreement/
Submission: On January 19 via manual from US — Scanned from DE
Effective URL: https://www.wpxi.com/visitor-agreement/
Submission: On January 19 via manual from US — Scanned from DE
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VISITOR AGREEMENT
Last Updated: January 17, 2023
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE
DISPUTES BETWEEN YOU AND THE CMG AFFILIATE. AMONG OTHER THINGS, IT INCLUDES AN
AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL
DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.
IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS
AGREEMENT CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL
ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A
CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR
RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE
A JURY TRIAL.
Thank you for visiting this website, which is operated by an Affiliate of CMG
Media Corporation, d/b/a Cox Media Group (“CMG”). This site is one of a network
of ad-supported sites operated by Affiliates of CMG, each of which also operates
a local television station or a local radio station (each a “CMG Affiliate Site”
and, collectively, the “CMG Network of Sites”). Each CMG Affiliate Site has
adopted the terms and conditions of this visitor agreement (“Agreement”) to the
extent applicable. “Affiliate” means a company controlling, controlled by or
under common control with another company.
This Agreement is a binding legal contract between you and the CMG Affiliate
that operates this website (“CMG Affiliate”, or “we,” “us” or “our”) and governs
your use of such website and any content made available from or through such
website, including any subdomains thereof. Please read this Agreement carefully.
By using our website, application, mobile application, and/or any services
offered through our website, application, and/or mobile application
(collectively, the “Service”), you accept the terms of this Agreement. We may
change the terms of this Agreement or introduce new terms and conditions from
time to time, in which case we will post an updated version of this Agreement on
this Service and will update the “Last Updated” date above to reflect the date
the changes take effect. By continuing to use this Service after we post any
such changes, you accept this Agreement, as modified.
We reserve the right to deny access to this Service or any portion of this
Service to anyone who violates this Agreement or who, in our judgment,
interferes with the ability of others to enjoy this Service or who infringes the
rights of others. We invite you to send in your questions or comments about this
Service, or to bring to our attention any material you believe to be inaccurate.
To do so, please contact us.
REGISTRATION
To obtain access to certain services on our Service, you may be required to
register with us. Children under the age of 13 may not register for the Service.
You agree that the information you supply during that registration process will
be accurate and complete and that you will not register under the name of, nor
attempt to use this Service under the name of, another person. We reserve the
right to reject or terminate any user name that, in our judgment, we deem
offensive. You will be responsible for preserving the confidentiality of your
password and will notify us of any known or suspected unauthorized use of your
account.
If you register for our Service, you may be able to use your login credentials
for this Service to access certain services on other websites within the CMG
Network of Sites or on other applications or mobile applications. In addition,
you may also be given an opportunity to register simultaneously with one of our
partners, agents or service providers (collectively, our “Service Providers”).
Our Service Providers’ websites, applications, or mobile applications may
contain terms and conditions that differ from the terms and conditions of this
Service. We encourage you to review those terms and conditions before
registering with any applicable website, application, or mobile application.
Notwithstanding anything to the contrary in this Agreement, we will not be
liable for the content of or any services provided by any CMG Affiliate Sites
other than this Site or for the content of any site (or application or mobile
application) operated by or any services provided by any Service Provider.
PRIVACY
We respect the privacy of the users of our Service. Please take a moment to
review our Privacy Statement.
RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE
Our Limited License to You. The materials available through this Service are the
property of us and our Affiliates or licensors, and are protected by copyright,
trademark and other intellectual property laws. You are free to display and
print for your personal, non-commercial use the content you receive through this
Service, provided that you reprint any copyright and other rights notices
included in such content. You may not otherwise reproduce any of the materials
on this Service, or distribute copies of materials found on this Service in any
form (including by email or other electronic means), without prior written
permission from the owner. Of course, you're free to encourage others to access
the information themselves from our Service and to tell them how to find it.
Requests for permission to reproduce or distribute materials found on this
Service can be sent to this address.
Links. We welcome links to our Service. You are free to establish a hypertext
link to this Service so long as the link does not state or imply any sponsorship
of your site, service, application, or mobile application by us.
No Framing. Without our prior written permission, you may not frame, or in-line
link, any of the content of this Service, or incorporate into another website,
application, mobile application, or other service any of our intellectual
property.
Trademarks. We don't want anyone to be confused as to which materials and
services are provided by us and which aren't. You may not use any trademark or
service mark appearing on this Service without the prior written consent of the
owner of the mark.
Notice of Copyright Infringement. If you are an owner of intellectual property
who believes your intellectual property has been improperly posted or
distributed via this Service, please notify us through our feedback procedure or
by sending a notice by U.S. Mail to Legal Department, 1601 W Peachtree St NE,
Atlanta, GA 30309, or by email to copyright@cmg.com. Your notice to us must
include the following information: (1) a physical or electronic signature of a
person authorized to act on behalf of the owner of the copyrighted work
allegedly infringed; (2) a description of the copyrighted work or works that
allegedly have been infringed; (3) a description of where on the Service the
allegedly infringing material appears that will allow us to locate the material;
(4) a statement by you that you have a good faith belief that the allegedly
infringing use has not been authorized by the copyright owner, its agent, or the
law; and (5) a statement by you that the information in your notice is accurate,
and under penalty of perjury, that you are authorized to act on behalf of the
owner of the copyrighted work that has allegedly been infringed.
AP Materials. The materials accessible through this Service may include
Associated Press text, photo, graphic, audio, and/or video material
(collectively, “AP Material”). Your use of any such AP Material made available
by AP is subject to AP’s license terms. The following provision applies to all
visitors to this Service (including, without limitation, persons,
representatives of legal entities, and digital engines of any kind, including,
without limitation, ones that crawl, index, scrape, copy, store, or transmit
digital content). By accessing this Service, you specifically acknowledge and
agree that (i) AP Material shall not be published, broadcast, rewritten for
broadcast or publication, or redistributed directly or indirectly in any medium;
(ii) no AP Material nor any portion thereof may be stored in a computer except
for personal and non-commercial use; (iii) The Associated Press shall not be
held liable for any delays, inaccuracies, errors, or omissions in the AP
Material or in the transmission or delivery of any part thereof or for any
damages arising therefrom or occasioned thereby; and (iv) The Associated Press
is an intended third-party beneficiary of these terms and conditions and may
exercise all rights and remedies available to it.
Macrovision Materials. Macrovision Corporation ("Macrovision") holds the
exclusive rights to the ALL MUSIC GUIDE and data, as well as the right to
distribute certain music related images (collectively, "The Guide"). To the
extent The Guide is available through this Service, your use of The Guide shall
be subject to the terms of this Agreement and all restrictions applicable to and
contained in The Guide. You may not modify, copy, scan, or use any other method
to reproduce, duplicate, translate, republish, transmit or distribute in any way
any portion of The Guide. You agree to indemnify, defend and hold harmless
Macrovision, its affiliates, and us and our Affiliates, against any and all
claims, damages, costs or other expenses that arise directly or indirectly out
of or from (1) your unauthorized use of The Guide, (2) your violation of this
provision and/or (3) any unauthorized activities by you in connection with The
Guide.
USER-PROVIDED CONTENT
Your License to Us. By submitting material (including, but not limited to, any
text, photos, video or other content) to us, you are representing that you are
the owner of the material, or are making your submission with the express
consent of the owner. By submitting any materials via this Service, you grant
us, and anyone authorized by us, including, without limitation, our Affiliates,
a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable,
non-exclusive and unrestricted license to use, reproduce, modify, archive,
publish, sell, exploit, display, create derivative works from, publicly perform,
and otherwise distribute such material in any medium (whether now known or
hereafter developed), in any manner we see fit, and for any purpose that we
choose. The foregoing grant includes the right to exploit any proprietary rights
in materials you submit to this Service, including, but not limited to, rights
under copyright, trademark or patent laws that exist throughout the world.
Without limiting the generality of the previous sentence, you agree that we may
use, distribute, share or otherwise provide such material under any terms we see
fit to any third party without the requirement of providing you any form of
compensation. You also agree that we, and anyone authorized by us, may identify
you as the author of any of your postings by name, email address or screen name,
as we or they deem appropriate. We also reserve the right (but assume no
obligation) to delete, move, or edit any postings that come to our attention
that we consider unacceptable or inappropriate, whether for legal or other
reasons. You understand that the technical processing and transmission of the
Service, including content submitted by you, may involve transmissions over
various networks, and may involve changes to the content to conform and adapt it
to technical requirements of connecting networks or devices.
Materials Submitted by Other Users. We cannot and do not review every posting
made in any chat rooms, forums, and other areas available for public postings we
may provide. You may well read any given posting before anyone on our staff
does. Take what you find with a grain of salt. You can expect these areas to
include information and opinions from a variety of individuals and organizations
other than us. We do not endorse or guarantee the accuracy of any posting,
regardless of whether the posting comes from a user, from a celebrity or
"expert" guest, or from a member of our staff. There is no substitute for
healthy skepticism and your own good judgment.
E-COMMERCE
We may offer certain products and/or services for purchase through this Service
that are provided by us or by a third-party merchant. We are not responsible for
the quality, accuracy, timeliness, reliability or any other aspect of products
and services provided by a third party, and we make no warranties regarding any
such products or services. If you make a purchase from a merchant on our
Service, or on a third-party website, application, or mobile application that
you have accessed through a link on our Service, the information that you
provide that merchant on its site, application, or mobile application, or
otherwise as part of the transaction, such as your name, address, email, and
credit card number may be collected by both the merchant and us. A merchant may
have privacy and data collection practices that are different from ours. We have
no responsibility or liability for these independent policies. When you purchase
products or services on or through this Service, you may be subject to
additional terms and conditions that specifically apply to your purchase or use
of such products or services. Any such terms that apply to your purchase of
products or services from us will be presented to you as part of your
transaction. For more information regarding a merchant, its online store, its
privacy policies, and/or any additional terms and conditions that may apply,
visit that merchant's website, application, or mobile application and click on
its information links or contact the merchant directly. You release us and our
Affiliates from any damages that you incur, and agree not to assert any claims
against us or any of our Affiliates, arising from your purchase or use of any
products or services made available by third parties through this Service.
DISCLAIMERS
Use at Your Own Risk. We provide the material available through this Service for
informational purposes only. You may only use the material and the services
available through this Service for your personal and non-commercial use. We try
to ensure that information we post to this Service is both timely and accurate,
and that the services offered are reliable. Despite our efforts, however,
content or services on this Service may, from time to time, contain errors. In
addition, some reports which may appear on this Service, such as stock quotes
and related financial news, may be delayed at least 20 minutes due to
requirements of the stock exchanges and/or financial information services.
Before you act on any information you've found on our Service, you should
confirm any facts that are important to your decision. IF YOU RELY ON ANY
INFORMATION OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN
RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU
MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA
DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.
No Endorsements. We are not responsible for, and cannot guarantee the
performance of, goods and services provided by our advertisers or others to
whose sites, applications, or mobile applications we link. A link to another
website, application, or mobile application does not constitute our endorsement
of that site, application, or mobile application (nor of any product, service or
other material offered on that site, application, or mobile application).
No Warranties. THIS SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES
AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS
AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT
THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES
AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS,
INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES SERVICE PROVIDERS OR OUR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF
THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY
FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE
ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE
LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE
LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY
KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE
AMOUNT YOU PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE
LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY
REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
DISPUTE RESOLUTION
Applicability of Arbitration Agreement. Subject to the terms of this Arbitration
Agreement, you and the CMG Affiliate (including any parents, subsidiaries,
affiliates, officers, directors, employees, or agents of ours) agree that any
dispute, claim, disagreements arising out of or relating in any way to your
access to or use of the Service, or the Agreement and prior versions of the
Agreement, including claims and disputes that arose between us before the
effective date of this Agreement (each, a “Dispute”) will be resolved by binding
arbitration, rather than in court, except that: (1) you and the CMG Affiliate
may assert claims or seek relief in small claims court if such claims qualify
and remain in small claims court; and (2) you and the CMG Affiliate may seek
equitable relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute”
will also include disputes that arose or involve facts occurring before the
existence of this or any prior versions of the Agreement as well as claims that
may arise after the termination of this Agreement.
This Arbitration Agreement does not prevent you from filing or joining a
complaint with any federal, state or local government agency that is authorized
by law to seek relief against us on your behalf.
Waiver of Jury Trial. YOU AND THE CMG AFFILIATE HEREBY WAIVE ANY CONSTITUTIONAL
AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY. You and the CMG Affiliate are instead electing that all Disputes shall be
resolved by arbitration under this Arbitration Agreement, except as specified in
the paragraph entitled “Applicability of Arbitration Agreement” above. There is
no judge or jury in arbitration, and court review of an arbitration award is
subject to very limited review. Discovery may be limited in arbitration, and
procedures are more streamlined than in court.
Class Action Waiver. YOU AND THE CMG AFFILIATE AGREE THAT, EXCEPT AS SPECIFIED
IN THE PARAGRAPH ENTITLED “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS
AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,
REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO
HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A
CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF
IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to
this Arbitration Agreement, the arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by the party's individual claim.
Notwithstanding anything to the contrary in this Arbitration Agreement, if a
court decides by means of a final decision, not subject to any further appeal or
recourse, that the limitations of this subsection, “Class Action Waiver” are
invalid or unenforceable as to a particular claim or request for relief (such as
a request for public injunctive relief), you and the CMG Affiliate agree that
that particular claim or request for relief (and only that particular claim or
request for relief) shall be severed from the arbitration and shall be pursued
in the state or federal courts located in Fulton County, Georgia. All other
Disputes shall be arbitrated or litigated in small claims court. This subsection
does not prevent you or the CMG Affiliate from participating in a class-wide
settlement of claims.
Informal Dispute Resolution. You and the CMG Affiliate that operates the Service
agree to try to resolve any Dispute informally before resorting to arbitration.
You and the CMG Affiliate therefore agree that before either party commences
arbitration against the other (or initiates an action in small claims court if a
party so elects), we will personally meet and confer telephonically or via
videoconference, in a good faith effort to resolve informally any Dispute
covered by this Arbitration Agreement (“Informal Dispute Resolution
Conference”). If you are represented by counsel, your counsel may participate in
the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of
its intent to initiate an Informal Dispute Resolution Conference (“Notice”),
which shall occur within 45 days after the other party receives such Notice,
unless an extension is mutually agreed upon by the parties. Notice to the CMG
Affiliate that you intend to initiate an Informal Dispute Resolution Conference
should be sent by email to notice@cmg.com or regular mail to our offices located
at 1601 W. Peachtree St. NE, Atlanta, GA 30309, Attention: Legal Department.
Notice to you will be sent to the email address associated with your account or
to your publicly available address or email address if you do not have an
account with us. The Notice must include: (1) your name, telephone number,
mailing address, e‐mail address associated with your account (if you have one);
(2) the name, telephone number, mailing address and e‐mail address of your
counsel, if any; and (3) a description of your Dispute./
The Informal Dispute Resolution Conference shall be individualized such that a
separate conference must be held each time either party initiates a Dispute,
even if the same law firm or group of law firms represents multiple users in
similar cases, unless all parties agree; multiple individuals initiating a
Dispute cannot participate in the same Informal Dispute Resolution Conference
unless all parties agree. Engaging in the Informal Dispute Resolution Conference
is a condition precedent and requirement that must be fulfilled before
commencing arbitration. The statute of limitations and any filing fee deadlines
shall be tolled while the parties engage in the Informal Dispute Resolution
Conference process required by this section.
Arbitration Procedures. You and the CMG Affiliate that operates the Service
agree that this Arbitration Agreement affects interstate commerce and that the
Federal Arbitration Act, 9 U.S.C. § 1 et seq., applies. If the Informal Dispute
Resolution Process described above does not resolve satisfactorily within 60
days after receipt of your Notice, you and the CMG Affiliate agree that either
party shall have the right to finally resolve the Dispute through binding
arbitration. All arbitrations shall be conducted by the American Arbitration
Association ("AAA"). The AAA's rules are available on its website at www.adr.org
or by calling 1-800-778-7879. If the claim asserted in arbitration is for less
than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes
then in effect will apply. If the claim asserted is for $75,000 or more, the
Commercial Arbitration Rules then in effect will apply. If there is a conflict
between the AAA's rules and this Arbitration Agreement, this Arbitration
Agreement shall control.
A party who wishes to initiate arbitration must provide the other party with a
request for arbitration (the “Request”). The Request must include: (1) the name,
telephone number, mailing address, e‐mail address of the party seeking
arbitration and the account username (if applicable) as well as the email
address associated with any applicable account; (2) a statement of the legal
claims being asserted and the factual bases of those claims; (3) a description
of the remedy sought and an accurate, good‐faith calculation of the amount in
controversy in United States Dollars; (4) a statement certifying completion of
the Informal Dispute Resolution process as described above; and (5) evidence
that the requesting party has paid any necessary filing fees in connection with
such arbitration. To initiate arbitration, you must send the Request to Legal
Department, 1601 W. Peachtree Street, NE, Atlanta, GA 30309. If we initiate
arbitration, we will send the Request to the email address associated with your
account or to your publicly available address or email address if you do not
have an account with us. Both parties must comply with the AAA's rules regarding
initiation of arbitration.
Your responsibility to pay any AAA fees and costs will be solely as set forth in
the applicable AAA rules. The parties shall bear their own attorneys’ fees and
costs in arbitration unless the arbitrator finds that either the substance of
the Dispute or the relief sought in the Request was frivolous or was brought for
an improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)).
Unless you and the CMG Affiliate otherwise agree, or the Batch Arbitration
process discussed below is triggered, the arbitration will be conducted in the
county where you reside.
Arbitrator. If the parties are unable to agree upon an arbitrator within 35 days
of delivery of the Request, then the AAA will appoint the arbitrator in
accordance with the AAA rules, provided that if the Batch Arbitration process
described below is triggered, the AAA will appoint the arbitrator for each
batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to
resolve any Dispute, including, without limitation, disputes arising out of or
related to the interpretation or application of the Arbitration Agreement,
including the enforceability, revocability, scope, or validity of the
Arbitration Agreement or any portion of the Arbitration Agreement, except for
the following: (1) all Disputes arising out of or relating to the paragraph
entitled “Class Action Waiver,” including any claim that that same paragraph is
unenforceable, illegal, void or voidable, or that it has been breached, shall be
decided by a court of competent jurisdiction and not by an arbitrator; (2)
except as expressly contemplated in the paragraph entitled “Batch Arbitration,”
all Disputes about the payment of arbitration fees shall be decided only by a
court of competent jurisdiction and not by an arbitrator; (3) all Disputes about
whether either party has satisfied any condition precedent to arbitration shall
be decided only by a court of competent jurisdiction and not by an arbitrator;
and (4) all Disputes about which version of the Arbitration Agreement applies
shall be decided only by a court of competent jurisdiction and not by an
arbitrator. The arbitrator shall have the authority to grant motions dispositive
of all or part of any Dispute. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on which
the award is based, including the calculation of any damages awarded. The award
of the arbitrator is final and binding upon you and us. Judgment on the
arbitration award may be entered in any court having jurisdiction.
Batch Arbitration. To increase the efficiency of administration and resolution
of arbitrations, you and the CMG Affiliate agree that in the event that there
are 100 or more individual Requests of a substantially similar nature filed
against the CMG Affiliate by or with the assistance of the same law firm, group
of law firms, or organizations, within a 30 day period (or as soon as possible
thereafter), the AAA shall (1) administer the arbitration demands in batches of
100 Requests per batch (plus, to the extent there are less than 100 Requests
left over after the batching described above, a final batch consisting of the
remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide
for the resolution of each batch as a single consolidated arbitration with one
set of filing and administrative fees due per side per batch, one procedural
calendar, one hearing (if any) in a place to be determined by the arbitrator,
and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they
arise out of or relate to the same event or factual scenario and raise the same
or similar legal issues and seek the same or similar relief. To the extent the
parties disagree on the application of the Batch Arbitration process, the
disagreeing party shall advise the AAA, and the AAA shall appoint a sole
standing arbitrator to determine the applicability of the Batch Arbitration
process (“Administrative Arbitrator”). In an effort to expedite resolution of
any such dispute by the Administrative Arbitrator, the parties agree the
Administrative Arbitrator may set forth such procedures as are necessary to
resolve any disputes promptly. The Administrative Arbitrator’s fees shall be
paid by the CMG Affiliate.
You and the CMG Affiliate agree to cooperate in good faith with the AAA to
implement the Batch Arbitration process including the payment of single filing
and administrative fees for batches of Requests, as well as any steps to
minimize the time and costs of arbitration, which may include: (1) the
appointment of a discovery special master to assist the arbitrator in the
resolution of discovery disputes; and (2) the adoption of an expedited calendar
of the arbitration proceedings.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to
Legal Department, 1601 W. Peachtree Street, NE, Atlanta, GA 30309, within 30
days after first becoming subject to this Arbitration Agreement. Your notice
must include your name and address, the email address you used to set up your
account (if you have one), and an unequivocal statement that you want to opt out
of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all
other parts of this Agreement will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements that you
may currently have, or may enter in the future, with us. If the Dispute is not
covered by any arbitration agreement between you and us, it shall proceed before
the state or federal courts located in Fulton County, Georgia.
Invalidity, Expiration. Except as provided in the subsection entitled “Class
Action Waiver” above, if any part or parts of this Arbitration Agreement are
found under the law to be invalid or unenforceable, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of
the Arbitration Agreement shall continue in full force and effect.
Modification. Notwithstanding any provision in this Agreement to the contrary,
we agree that if the CMG Affiliate makes any future material change to this
Arbitration Agreement, it will notify you. Unless you reject the change within
30 days of such change become effective by writing to the CMG Affiliate at Legal
Department, 1601 W. Peachtree Street, NE, Atlanta, GA 30309, your continued use
of the Service constitutes your acceptance of any such changes. Changes to this
Arbitration Agreement do not provide you with a new opportunity to opt out of
the Arbitration Agreement if you have previously agreed to a version of this
Agreement and did not validly opt out of arbitration. If you reject any change
or update to this Arbitration Agreement, and you were bound by an existing
agreement to arbitrate Disputes arising out of or relating in any way to your
access to or use of the Service, the provisions of this Arbitration Agreement as
of the date you first accepted the Agreement (or accepted any subsequent changes
to this Agreement) remain in full force and effect. The CMG Affiliate will
continue to honor any valid opt outs of the Arbitration Agreement that you made
to a prior version of this Agreement.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Service through which you can
directly interact with others, such as email services, chat rooms,
communications tools, forums, classifieds and other user-submitted advertising,
and other public posting areas ("Communications Services"). For example, you may
be able to upload content to participate in a contest or in news gathering on
the Service, and you may be able to send a message to another user regarding
content on our Service. We want to encourage an open exchange of information and
ideas, but at the same time we want everyone to be able to enjoy these
Communications Services.
Without limiting the terms of our Privacy Statement, we will not, in the
ordinary course of business, review private electronic messages that are not
addressed to us or other content or materials submitted through this Service.
However, we maintain the right to do so and to use any other forms of
information available to us by virtue of your use of our Service (including, for
example, reverse IP address inquiry) in order to comply with the law, to enforce
this Agreement, or to protect the rights, property or safety of visitors to our
Service, our customers, the public our employees, Service Providers and
Affiliates.
We reserve the right to deny access to any Communications Service to anyone who
violates this Agreement or who, in our judgment, interferes with the ability of
others to enjoy our Service or infringes the rights of others. We will comply
with the requirements of the law regarding disclosure of any messages to others,
including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately
terminate your use of any Communications Service if you engage in any of the
following prohibited activities:
* Uploading, posting, emailing, transmitting or otherwise making available any
content that is unlawful, harmful, threatening, abusive, libelous, or
obscene;
* Impersonating any person or entity, or falsely stating or otherwise
misrepresenting your affiliation with a person or entity;
* Forging headers or otherwise manipulating identifiers in a manner that
disguises the origin of any content you transmit through any Communications
Service;
* Uploading, posting, emailing, transmitting or otherwise making available any
content that you do not have a right to make available under any law or under
any contractual or fiduciary relationship (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
* Uploading, posting, emailing, transmitting or otherwise making available any
content that infringes any patent, trademark, trade secret, copyright or
other proprietary right of any party;
* Uploading, posting, emailing, transmitting or otherwise making available any
unsolicited or unauthorized advertising, promotional materials, or any other
form of solicitation, without our express written approval;
* Gathering for the purpose of "spamming" any email addresses that users post
in our chat rooms, forums and other public posting areas;
* Uploading, posting, emailing, transmitting or otherwise making available any
content or material that contains software viruses, worms or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications or
other equipment, or to cause a security breach of such software, hardware or
telecommunications or other equipment;
* Posting fraudulent classified listings;
* Uploading or posting any off-topic or irrelevant material to any chat room or
forum;
* Interfering with or disrupting any servers or networks used to provide the
Communications Services, or disobeying any requirements, procedures, policies
or regulations of the networks we use to provide the Communications Services;
* Violating any applicable local, state, national or international law,
including, but not limited to (1) all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside, (2) regulations promulgated by the U.S. Securities and
Exchange Commission, and (3) any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ;
* "Stalking" or otherwise harassing another;
* Instigating or encouraging others to commit illegal activities or cause
injury or property damage to any person;
* Collecting or storing personal data about other users;
* Gaining unauthorized access to our Service, or any account, computer system,
or network connected to this Service, by means such as hacking, password
mining or other illicit means; or
* Obtaining or attempting to obtain any materials or information through any
means not intentionally made available through this Service.
Spam. We will immediately terminate any account which we believe is being used
to transmit, or is otherwise connected with, any spam or other unsolicited bulk
email in connection with any messaging service made available through the
Service. In addition, because damages are often difficult to quantify, if actual
damages cannot be reasonably calculated, then you agree to pay us liquidated
damages of $2 for each item of spam, unsolicited bulk email or private messaging
transmitted from, or otherwise connected with, your account. Otherwise you agree
to pay our actual damages, to the extent such actual damages can be reasonably
calculated.
Viruses. Because of the volume of email messages sent by us, we cannot and do
not always monitor such email messages and attachments. You acknowledge and
agree that such email messages may contain viruses, worms or other harmful
components. You also acknowledge and agree that you are solely responsible for
screening the email messages and attachments for viruses, worms and other
harmful components.
CLASSIFIED ADVERTISING
Overview. We may allow you to purchase classified advertising for display on the
Service. To the extent this Service includes any of the types of classified
advertising described below, the terms of this Section will apply to any such
classified ads. In addition, if the classified advertising service available
through this Service is provided by a third-party Service Provider, your use of
that service may also be subject to terms of use adopted by such Service
Provider. We reserve the right to reject any ad copy. All orders are subject in
all respects to our current rules and regulations and current demands upon
advertising space. We reserve the right to edit, reclassify, revise, or cancel
any advertisement at any time. Rates and specifications are subject to change.
We do not knowingly accept advertising that discriminates or intends to
discriminate based on race, color, religion, sex, national origin, handicap or
familial status. WE ACCEPT NO LIABILITY FOR ERROR OR OMISSION. YOU MAY NOT
RECEIVE A REFUND OF ANY AMOUNTS PAID FOR THE PUBLICATION OF A CLASSIFIED AD ON
THIS SERVICE AFTER THE PUBLICATION DEADLINE HAS PASSED.
Personal Advertisements. We are a community, family-oriented Service.
Advertisements must be appropriate for all ages. Personal advertising
participants must be 18 years or older. All ads must be in good taste and must
not solicit for sex or sexual activities. We reserve the right to edit or reject
ads that do not meet these standards. You may not use of the personal
advertising section for any illegal purpose. We are not liable for the content
of the personal advertisements or the responses to such advertisements.
Employment Advertisements. We do not knowingly accept advertisements that
discriminate or intend to discriminate on any illegal basis, or that are
otherwise illegal. If you think that an advertisement posted on this service
discriminates on any illegal basis, or is otherwise illegal, please contact us
at notice@cmg.com.
Our Service may include advertisements or online services relating to career
counseling firms. A career counseling firm does not guarantee actual placement
in a job as the result of its services. Understand any agreement that you enter
into with a career counseling firm before you pay for the firm's services.
We do not knowingly accept advertisements regarding employment that are not ads
for bona fide job opportunities. Regrettably, however, false job postings may
appear in listings on our Service from time to time. False job listings are
typically used to illegally collect personal information from job seekers or
facilitate other forms of illegal activity. Posting false job listings is a
violation of this Agreement (See: Specific Prohibited Uses) and may be a
criminal violation of Federal or state laws. It's important that you to take
reasonable precautions when sharing your sensitive information with anyone over
the Internet.
Equal Housing Opportunity. Any real estate advertising on this Service is
subject to the Fair Housing Act, which makes it illegal to advertise "any
preference limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin, or an intention to make any such
preference, limitation or discrimination." Familial status includes children
under the age of 18 living with parents or legal custodians; pregnant women and
people securing custody of children under 18. To complain of discrimination call
the U.S. Department of Housing and Urban Development at 800-699-9777.
INDEMNIFICATION
You agree to indemnify and hold us and our Affiliates, Service Providers and our
licensors, and all of their respective officers, directors, employees and agents
harmless from and against any and all losses, expenses, damages and costs,
including reasonable attorneys' fees, that arise out of your use of the Service,
violation of this Agreement by you or any other person using your account, or
your violation of any rights of another. We reserve the right to control defense
of any action for which we are entitled to indemnification hereunder. In such
event, you agree to cooperate with us, at our expense, as we may reasonably
request in connection with our defense of the applicable claim.
GOVERNING LAW
This Agreement has been made in and shall be construed in accordance with the
laws of the State of Georgia, without regard to its conflicts of laws rules,
except to the extent governed by federal law.
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