Effective Date: October 12, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY NEWSDAY PRODUCTS OR SERVICES, AS THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS.
IMPORTANT NOTICE: ARBITRATION AND CLASS ACTION WAIVER. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH MAY BE ENFORCED BY YOU AND NEWSDAY (THE "PARTIES"): BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, WITH LIMITED EXCEPTIONS AS DESCRIBED IN SECTION 13 BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED BY BINDING ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. OTHER RIGHTS YOU MAY HAVE IN COURT, SUCH AS DISCOVERY OR APPEAL RIGHTS, MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION. YOU ALSO AGREE THAT FOR ALL DISPUTES BETWEEN THE PARTIES, WHETHER IN COURT OR IN ARBITRATION, YOU WILL NOT BE ABLE TO (1) BRING A CLAIM AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY; OR (2) PARTICIPATE IN A CLAIM AS A CLASS MEMBER. ANY CLAIM WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS.
Content on the Services. Intellectual Property/Copyright.
1.1. All materials published and available on the Services, information, content, and software displayed on, transmitted through, or used in connection with the site, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Newsday, and/or its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to the site, you may do so provided you agree to cease such link upon request from Newsday. No other use is permitted without prior written permission of Newsday. You may not frame the site without Newsday's written consent. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service. Non-commercial use does not include the use of Content without prior written consent from Newsday in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached data sets containing Content to another person or entity.
1.2. Prohibited Use of the Services. Without Newsday’s prior written consent, you may not:
(1) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, or otherwise copy our Content without permission;
(2) distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content;
(3) decompile, reverse engineer or disassemble any software or other products or processes accessible through the site, or insert any code or product or manipulate the content of the site in any way that affects the user's experience;
(4) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information from the Services using automated means;
(5) use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system;
(6) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
(7) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
(8) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(9) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to PARS International Corp. at 1-212-221-9595 ext. 324 or fax to 1-212-221-9195. You can email PARS at Newsday@parsintl.com. In certain cases, you may be able to use individual stories that appear on the site through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.
2.1. Registration is not required to view certain Content. However, you are required to register an account ("Registration Account") if you wish upload a video or view certain other Content. If you become a registered member of the site ("Registered Member"), you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. Your Registration Account is for your personal, non-commercial use only, and you may not create or use a Registration Account for anyone other than yourself. You may not impersonate someone else, provide an email address other than your own, create multiple Registration Accounts, or transfer your Registration Account to another person without Newsday’s prior written approval. No more than five (5) Registration Accounts may be created under any single print subscription, and all such Registered Members must reside within one (1) household. We reserve the right to terminate your access and use of the site if more than five (5) Registration Accounts are created under any single print subscription and/or individuals from more than one household access the site using any single Registered Account or print subscription. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access the site using your name in whole or in part without our permission. You are not allowed to share your registration login credentials or give your login credentials to anyone else. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspension or termination of your account.
2.2. If you believe someone has accessed the site using your Registered Account and password without your authorization, e-mail us immediately at email@example.com. You consent to receive notifications from us electronically at the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.3. You represent, warrant and covenant that to use any part of the Services you are at least thirteen (13) years old if you are in the USA and the UK, and sixteen (16) years old anywhere else. If you are under eighteen (18) years old and would like to use, subscribe or register to any part of the Services, before your use of any part of the Services, your parent or legal guardian will need to read and agree to these Terms of Service and will need to complete the registration and/or purchase as required on your behalf.
2.4. To the extent your access to the Services has been provided by or through a third party, such as your employer and educational institution ("Registrant"), the Registrant may have provided us with information about you that enables us to provide you with access to the Services. Such information includes your name, IP address, and email address, and enables us to distinguish you from other subscribers.
2.5. You may subscribe to the Services, modify your subscription, or terminate your account at any time by calling Newsday customer service department at 1-800-NEWSDAY (1-800-639-7329). The Newsday customer service department is available to assist you Monday to Friday from 6:30 AM to 5:00 PM, Saturday hours are 7:00 AM to 11:00 AM and Sunday 7:00 AM to 12:00 PM. Outside of business hours, you can go to www.newsday.com/manageaccount to complete a variety of transactions, or you can leave a message on Newsday's voicemail system, which will be responded to at the start of business the next day.
Newsday may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach of these Terms of Service.
Fees and Payments.
We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. For information on Fees and Payments, see our Print and Digital Subscriber Terms and Conditions.
User Content and Submissions.
4.1. User Content Representations and Warranties.
By placing material on the site, including but not limited to posting content or communications to any the site bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not violate any law or cause injury to any person or entity. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the site that specifically ask for unique, fictitious names).
4.2. User Content License.
For all User Content you post, upload, or otherwise make available ("provide") to the site, you grant Newsday, its affiliates and related properties, including the site, its affiliates and their respective affiliated newspapers, Web sites, and broadcast stations, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, remove, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. You waive any rights you may have in having the material modified or edited in a manner not agreeable to you. Without limiting the generality of the previous sentence, you authorize Newsday to share the User Content across all Web sites, newspapers, streaming platforms and broadcast stations affiliated with Newsday and its affiliates, to include the User Content in a searchable format accessible by users of the site and other Newsday affiliated Web sites, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to the site. You also grant Newsday and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
4.3. User Content Screening and Removal.
You acknowledge that Newsday and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.
4.4. User Content Assumption of Risk.
Newsday cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the site is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using the site forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
4.5. User Content Posting Rules.
Any decisions as to whether User Content violates any Posting Rule will be made by Newsday in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
- If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.
Moreover, you agree that you will not provide any User Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
- contains vulgar, obscene, pornographic, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of Newsday or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party's uninterrupted use of the site.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uses or attempt to use another's Registration Account, password, service or system except as expressly permitted by the Terms of Service.
- uploads or transmits viruses, malware, spyware, or other malicious and harmful, disruptive or destructive files, material or code.
- disrupts, interferes with, or otherwise harms or violates the security of the site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the site or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES IS GROUNDS FOR IMMEDIATE AND PERMANENT SUSPENSION OF ACCESS TO ALL OR PART OF THE SERVICES AND MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
4.6. Unsolicited Material and Ideas.
Newsday is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the site. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Newsday and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Transactions and E-Commerce.
During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, you can call us and place your order by telephone (1-800-NEWSDAY). Newsday cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Newsday is not responsible for such errors or discrepancies.
Communications with Third Parties Through the Site.
Your dealings or communications through the site with any party other than Newsday are solely between you and that third party. For example, certain areas of the site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Newsday be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
During your visit to the site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because Newsday has no control over third party sites and resources, you acknowledge and agree that Newsday is not responsible for the availability of external sites or resources, nor for the content, actions, privacy, or policies of those sites ("Third-Party Sites"). Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites. Please direct any concerns regarding any linked Third-Party Sites to such sites.
Notice of Intellectual Property Infringement.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Newsday, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the site, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Newsday's copyright agent can be reached as follows:
Copyright Agent, 6 Corporate Center Drive, Melville, NY 11747, or firstname.lastname@example.org.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT NEWSDAY'S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS EXCEPT AS OTHERWISE SET FORTH HEREIN. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Counter-Notification for Intellectual Property Infringement.
If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Newsday's designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- an electronic or physical signature of the registered user;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you, 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
- a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which the site may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
General Disclaimer and Limitation of Liability.
9.1. While Newsday uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Newsday does not represent or warrant that use of any Content will not infringe rights of third parties. Newsday has no responsibility for actions of third parties or for content provided by others, including User Content.
9.2. USE OF NEWSDAY.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NEWSDAY NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING NEWSDAY.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH NEWSDAY.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF NEWSDAY.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES NEWSDAY.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. NEWSDAY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
9.3. NEWSDAY.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NEWSDAY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH NEWSDAY.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL NEWSDAY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS ("NEWSDAY PARTIES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEWSDAY PARTIES BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE NEWSDAY PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Representations and Warranties; Indemnity.
In addition to the representations and warranties listed in other sections of these Terms of Service, you represent, warrant and covenant that you are at least thirteen (13) years old if you are in the USA and the UK, and sixteen (16) years old anywhere else; and if you are under eighteen (18) years old, you represent, warrant that your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Services. You hereby agree to indemnify, defend and hold harmless Newsday and its parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees (collectively, the "Indemnified Parties") from and against all liability and costs, including, without limitation, reasonable attorneys' fees and court costs, incurred by the Indemnified Parties in connection with any and all claims arising out of and/or arising from or relating to any allegation regarding: (1) any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants, including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement; (2) your use of the Services and the site; (3) Newsday's and its affiliates' use of any User Content or information you provide, as long as such use is not inconsistent with these Terms of Service; (4) information or material provided through your Registration Account, even if not posted by you; (5) your gross negligence or willful misconduct; and (6) any violation of these Terms of Service by you. Newsday reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Third Party Beneficiaries.
By accessing the site and Services, you specifically acknowledge and agree that, without limiting anything else in these Terms of Service: (i) certain third party content providers are intended third party beneficiaries of these Terms of Service and may exercise all rights and remedies available to them; and (ii) certain third party content providers reserve the right to audit possible unauthorized commercial use of their materials or any portion thereof at any time.
Governing Law; Jurisdiction.
12.1. Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions.
12.2. Statute of Limitations. You agree to file any claim regarding any aspect of this site, the Services or these Terms of Service within one year of the time in which the events giving rise to such claim began, or you agree to waive such claim.
Dispute Resolution - Arbitration and Waiver of Class Actions.
13.1. Binding Arbitration. Any controversy or claim arising out of or relating to these Terms of Service, the Subscription Terms, your relationship to Newsday as a subscriber, or your use of any of Newsday’s Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the "Covered Claims"), shall be settled by arbitration administered by the JAMS under its Comprehensive Arbitration Rules and Procedures, and judgment on the award ("Award") rendered by the arbitrator may be entered in any court having jurisdiction thereof. BY AGREEING THAT ALL COVERED CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR.
Further, you and Newsday acknowledge that any claims related to intellectual property, whether statutory or common law claims, may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, the "Excluded Claims"), shall be brought in a competent federal or state court located in the county of Suffolk in the State of New York, and shall be excluded from arbitration. You and Newsday consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning Excluded Claims.
13.2. CLASS ACTION WAIVER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY, AND MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF SERVICE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT THIS WAIVER IS MADE KNOWINGLY AND VOLUNTARILY.
13.3. Conduct of Arbitration; Governing Rules. Arbitration for any dispute between the Parties relating to the Covered Claims shall be determined by arbitration in New York, USA, or in a location to be determined in accordance with the JAMS Rules, unless otherwise agreed in writing by the Parties. The arbitration shall be conducted before one neutral arbitrator, with reasonable opportunity for all Parties to participate in the process of choosing such an arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules and Procedures (collectively, the "JAMS Rules"). Judgment on the Award may be entered in any court having jurisdiction in the county of Suffolk in the State of New York. Except those issues relating to the scope, application, and enforceability of the arbitration provision, this clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision, are for the court to decide. For more information about arbitration, the JAMS and the arbitration process, please consult the JAMS web site at www.jamsadr.com. As stated in Section 12.1, the Terms of Service and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The Parties acknowledge that these Terms of Service could evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the provisions of the Terms of Service, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that if the arbitrator finds at any time that a claim and/or counterclaim was filed frivolously, for purposes of harassment, or otherwise in bad faith, as well as any defense and discovery conducted in bad faith, frivolously, with the purposes of harassment, then the filing party will reimburse the other party for all costs and fees, including reasonable attorneys’ fees and court costs, associated with that claim.
13.4. Procedures. Prior to initiating arbitration for a Covered Claim, the Parties agree that they will provide written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the "Notice"). To provide notice of a claim to Newsday, write to Newsday LLC, Attn: Legal Department, 6 Corporate Center Drive, Melville, NY 11747, with a courtesy notice to email@example.com.
13.5. Following receipt of the Notice by the opposing party, the Parties agree to make a good faith effort to resolve any dispute promptly by negotiation. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity a statement of each party's position and a summary of arguments supporting that position. Within 30 days after delivery of the notice, the parties shall meet at a mutually acceptable time and place.
13.6. Unless otherwise agreed in writing by the negotiating Parties, the above-described negotiation shall end at the close of the first meeting of executives described above ("First Meeting"). Such closure shall not preclude continuing or later negotiations, if desired.
13.7. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
13.8. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this arbitration agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the Parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of section 13.5. above.
13.9. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in sections 13.5. and 13.6. above are pending and for 15 calendar days thereafter. The Parties will take such action, if any, required to effectuate such tolling.
13.10. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In any arbitration, the arbitrator is not empowered to award punitive or exemplary damages, and the Parties waive any right to recover any such damages. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her Award unless requested in writing to do so by both Parties.
13.11. For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be a competent federal or state court located in the county of Suffolk in the State of New York.
13.12. All provisions of this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall survive termination of these Terms of Service and the Subscription Terms, your relationship with us, and/or your account or profile.
14.1. International Users.
The site is controlled, operated and administered by Newsday from its offices within the United States. Newsday makes no representation that materials or Content available through the site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Content in violation of U.S. export laws and regulations. If you access the site from a location outside the United States, you are responsible for compliance with all applicable laws.
14.2. Modifying these Terms of Service.
Newsday reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. IF YOU DO NOT AGREE TO, OR CANNOT COMPLY WITH, THE TERMS OF SERVICE AS AMENDED, YOU MUST STOP USING THE SITE AND/OR CANCEL YOUR ACCOUNT (SEE SECTION 2.5). YOUR CONTINUED USE OF SERVICES AND PRODUCTS, AS WELL AS USE OF THE SITE AFTER THE POSTING OF ANY AMENDED TERMS OF SERVICE SHALL CONSTITUTE YOUR AGREEMENT TO BE BOUND BY ANY SUCH CHANGES. YOUR USE OF THIS SITE PRIOR TO THE TIME THESE TERMS OF SERVICE WERE POSTED WILL BE GOVERNED ACCORDING TO THE TERMS OF SERVICE THAT APPLIED AT THE TIME OF YOUR USE.
14.3. Discontinuation of Service.
Newsday may modify, suspend, discontinue or restrict any aspects of the Services and the use of any portion of the site, including the availability of any portion of the Content at any time, without notice or liability. Newsday may deny access to any Registered Member or other user at any time for any reason. In addition, Newsday may at any time transfer rights and obligations under these Terms of Service to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Newsday, the site or any of their assets.
If for any reason any provision of these Terms of Service is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
14.5. No Waiver.
Any failure of Newsday to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.
14.6. Section Titles.
The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect.
14.8. Termination of The Terms of Service.
In the event of termination of these Terms of Service for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Newsday, and all other provisions for which survival is equitable or appropriate.
14.9. California residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact us by telephone at 1-800-NEWSDAY (1-800-639-7329) or via email at firstname.lastname@example.org (use subject line "California resident"), in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
To contact Newsday about the site, please use the following address: Newsday LLC, 6 Corporate Center Drive, Melville, NY 11747; via email at email@example.com, or by telephone at 1-800-NEWSDAY (1-800-639-7329).