Terms Of Use

What's New in the Updated Terms of Use?

We, TNT Interactive Group, Inc., ("TNT") have revised the Terms of Use for our current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Turner (as defined below), and/or for which Turner currently or in the future provides services and/or technology ("Sites"). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any Sites, including, without limitation, when you view or access content or videos on the Sites.

  • Governing law, Agreement to Arbitrate and Class Action Waiver. To help streamline the resolution of disputes, claims, and controversies under these updated Terms of Use, as set forth in more detail below, you now agree that both you and TNT, including its present and future parents and related entities (collectively, “Turner”), will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Sites and/or the provision of content, services, and/or technology on or through the Sites, and that any such proceedings will be conducted only on an individual basis (and not as a class action), and under New York law.

  • User Content/Unsolicited Submissions. We updated and streamlined information concerning the handling and use of content provided by you or others in connection with the Sites. In some cases additional terms will apply to portions of the Sites that collect user content.

  • Text Messaging Campaigns. We clarified that these Terms of Use as well as TNT's SMS Text Terms apply to any Text Messaging Campaigns by Turner.

  • Limitation of Liability. We have updated our limitation of liability clause.

  • Merchandising. We provide clarity around which terms govern the shopping section of our Sites.

  • Contact Information. We updated how you may contact Turner in a variety of circumstances.

TNT reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS

This site is controlled and operated by TNT Interactive Group, Inc., at 1050 Techwood Drive, Atlanta, GA 30318. The phone number is 404-885-4538. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by TNT, its parent or its affiliates, or by other parties that have licensed their material to TNT. You may use material from this site and other sites controlled by TNT only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other Web site or networked computer environment, unless expressly authorized, is prohibited.

COPYRIGHTS AND COPYRIGHT AGENTS

TNT respects the rights of all copyright holders and in this regard, TNT has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TNT's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:

TNT Copyright Agent
TNT Interactive Group, Inc.
1050 Techwood Drive, NW
ATTN: Legal Dept.
Atlanta, GA 30318-5604

Phone: 1-844-356-7875
Email: TNTcopyrightagent@turner.com

Emails unrelated to the Digital Millennium Copyright Act may not receive a response.

PRIVACY

TNT respects the privacy of the visitors to this site. To see this site's Privacy Policy, please click here.

SHOP/MERCHANDISE

The "Shop" or storefront section of the Site that allows you to order merchandise (the "Shop") is operated and managed by an independent merchandise vendor (the "Shop Operator"). The Shop Operator is the seller of the merchandise available in the Shop, and is responsible for all aspects of the Shop and the related services. Additional terms and conditions will apply to the use of the Shop and the purchase of merchandise and/or the use of any other services provided by the Shop Operator, and you should read those terms and conditions when they are presented to you. By accessing the Shop section of the Site you acknowledge that the Shop Operator identified in the Shop terms and conditions is exclusively responsible for the services offered thereon, including, without limitation, the processing, fulfillment and shipment of any merchandise ordered.

LINKED SITES

This site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of TNT are operated subject to their own terms of use. TNT is not responsible for the content of any Linked Site that is not affiliated with TNT. The links to these sites are for your convenience only, and you access them at your own risk.

TNT welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by TNT, its affiliates, or any group or individual affiliated with TNT. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without prior written consent.

USER GENERATED CONTENT

Certain areas of the Site may allow you to communicate, submit, upload or otherwise make available comments, messages, images, audio, video and/or other content ("User Generated Content"), some of which may be accessible to the public. You agree that you will not submit or otherwise publish through our Site any User Generated Content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, threatening, otherwise offensive or that harms or threatens to harm any person or entity, whether or not such material is protect by law; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

By submitting User Generated Content to the Site you grant TNT and its parent, subsidiaries, or affiliates a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on television and on third-party sites and social media platforms), for any purpose including, without limitation, trade, advertising, promotional, and commercial purposes, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these Terms of Use and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated hereunder. Without limiting the other terms set out in these Terms of Use, you agree to indemnify TNT and its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

To the extent that we expressly authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

TNT is not responsible for any User Generated Content or user communications published or transmitted by users of the Site. TNT reserves the right to edit or delete User Generated Content or user communications published or transmitted by users of the Site at any time and for any reason without any prior notice, but does not assume any obligation to do so.

UNSOLICITED CREATIVE SUBMISSIONS/COMMUNICATIONS

TNT does not accept or consider creative ideas, suggestions or materials other than those TNT has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TNT or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Submitted Material"), the Submitted Material shall be deemed and shall remain the property of TNT. None of the Submitted Material shall be subject to any obligation of confidence on the part of TNT and TNT shall not be liable for any use or disclosure of any Information. TNT shall exclusively own any now known or hereafter existing rights to the Submitted Material of every kind and nature throughout the universe and TNT and its parent, subsidiaries, or affiliates shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submitted Material.

TERMS SPECIFIC TO CHASING THE CURE PROGRAM AND WEBSITE

The terms in this section apply only to the Chasing the Cure program and website, and supplement the rest of these Terms of Use. TNT provides the Chasing the Cure website and its business partners provide the Chasing the Cure program.

DISCLAIMERS: The Chasing the Cure program and website contain content generated by our business partners, us, or by third parties that is provided for general information purposes only. THE WEBSITE DOES NOT DISPENSE MEDICAL, DIAGNOSIS, OR TREATMENT ADVICE. This information is not specific advice on which you should rely, and it is not intended to be a substitute for professional medical advice or treatment.  The Chasing the Cure program and website (and the information available on the Chasing the Cure website and in the Chasing the Cure community) is not a substitute for professional medical care by a qualified doctor or other healthcare professional.  You should ALWAYS check with your physician or a qualified healthcare professional if you have any concerns about your condition or treatment and before taking, or not taking, any action on the basis of content on the Chasing the Cure website.  If you have a serious or urgent medical concern, you should seek immediate assistance from emergency personnel.  DO NOT DISREGARD, AVOID, OR DELAY GETTING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED FROM THE PROGRAM OR WEBSITE.

If you are a healthcare professional, the information provided on the Chasing the Cure program and website is intended to support, not replace, your own knowledge, experience and judgment.  You should exercise your professional judgment in evaluating any information on the Chasing the Cure program or website, and confirm the information on the Chasing the Cure program and website with other sources before undertaking any treatment based on it.

You may be able to submit or view information related to a specific health concern or medical mystery (a “Case File”). The Case Files and comments in the Chasing the Cure community are not created by us (or on our behalf) but are drafted by individual users who are not in a position to give medical advice.  We are not responsible for the accuracy of that information.   Although these forums can be a useful support tool, it is important that you recognize that you need to take particular care in the discussion forums and seek advice from your doctor regarding your particular needs and concerns.  Any decision about your health or medical care based solely on information obtained from the internet could be dangerous.  Reliance on any information available on the Chasing the Cure program or website, including information in any Case Files or the community is solely at your own risk. Your use of or interaction with the Chasing the Cure program or website does not create in any way a physician-patient relationship, any sort of confidential, fiduciary, or professional relationship, or any other special relationship that would give rise to any duties on our part.

Case Files. We reserve the right to review all Case File submissions prior to publication. Without limitation, we may do so to ensure that the submission is consistent with our Community Guidelines or for any other purposes in our sole discretion. Publication of your Case File submission is not guaranteed, and we disclaim any liability associated with the publication or non-publication of your Case File submission.

No Endorsement. TNT does not recommend or endorse any specific tests, health care providers, procedures, treatments, products, benefits, opinions, or other information that may appear on or through the Chasing the Cure program or website. If you rely on any of the information provided by or through the Chasing the Cure program or website, or by Chasing the Cure or other users of the Chasing the Cure program or website, you do so solely at your own risk.

Security. It is your responsibility to safeguard the devices you use to access the Chasing the Cure website (such as laptops, tablets, and mobile devices) and to use appropriate security settings on those devices. If those devices are lost, stolen, or misplaced, others may be able to access your account and your personal information, including Case Files, using those devices.

Medical Information. TNT obtains its medical and related information, such as terminology and definitions, from a variety of third party sources, including VoxHealth, Inc. TNT is neither responsible nor liable for any inaccurate, incomplete or outdated information that may be viewed on this website.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TNT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TNT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TNT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TNT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TNT’S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TNT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED FOR ENTERTAINMENT PURPOSES.

THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF TNT OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND TNT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER TNT NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TURNER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE CONTENT PROVIDERS, LICENSORS OR DISTRIBUTORS, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY AND ALL USE OF THIS SITE BY YOU, INCLUDING, WITHOUT LIMITATION, YOUR RELIANCE UPON ANY INFORMATION ON THIS SITE, ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE CONTENT PROVIDERS, LICENSORS OR DISTRIBUTORS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES, AND ANY OF THEIR RESPECTIVE CONTENT PROVIDERS, LICENSORS OR DISTRIBUTORS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.

DISPUTE RESOLUTION; BINDING ARBITRATION AND NO CLASS RELIEF. PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22(d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.  Any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, and the Turner Privacy Policy, must be filed within one year of the relevant events. You waive - that is, give up your right to pursue - any dispute, claim or controversy that is not filed within one year and any right you may have had to pursue that dispute, claim or controversy in any forum is permanently barred.

(b) In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites, Turner or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Turner by email to tntcopyrightagent@turner.com AND by U.S. Mail to One CNN Center Box 105573 Atlanta, GA 30348. To the extent that Turner has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Turner and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. Turner and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 60 days, Turner or you may resort to the other alternatives described in this Section, including commencement of an arbitration proceeding. Notwithstanding the foregoing, the notice and 60 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning intellectual property rights, trade secrets and claims of piracy or unauthorized use of the Sites.

(c) Except in relation to intellectual property rights as set forth in subparagraph (e) below, we each agree to resolve disputes through binding arbitration with no class relief instead of in courts. 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. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. 

(d) Except as set forth in subparagraph (e) below, Turner and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

(i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

(ii) claims that arose before this or any prior Agreement;

(iii) claims that may arise after the termination of this Agreement.

References in this paragraph to "Turner," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, licensees, licensors or providers of content, successors, and assigns, as well as all authorized or unauthorized users of the Service under this or prior Agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

You agree that, by entering into this Agreement, you and Turner are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, or by other mail delivery service that provides proof of delivery (e.g., FedEx), a written notice of dispute ("Notice"). The Notice to Turner should be addressed to: General Counsel, Turner, One CNN Center, Box 105573 Atlanta, GA 30348 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). During the arbitration, the amount of any settlement offer made by Turner or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Turner is entitled.

If your claim is for less than $75,000, upon written request to the Notice Address prior to commencement of the arbitration, Turner will advance the arbitration filing fee and arbitrator's costs by direct payment to the appropriate entity. If the arbitration proceeding is decided in Turner's favor, you shall reimburse Turner for the fees and costs advanced to the extent available in a judicial proceeding. If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of Turner's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse Turner for any of the fees and costs advanced.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement, including Disclaimer of Warranties and Limitation of Liability. The arbitrator shall have the right to award money damages and other appropriate relief, consistent with the terms of this agreement; HOWEVER THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD INJUNCTIVE RELIEF AGAINST EITHER PARTY OR TO CERTIFY A CLASS ACTION OF ANY KIND.

All issues are for the arbitrator to decide. Unless Turner and you agree otherwise, any arbitration hearings will take place either (i) in person in the county (or parish) of your residence, or in New York, New York, at your option, or (ii) by video conference during which you shall be able to appear from the county (or parish) of your residence, or any other location of your choosing which has appropriate video conference facilities available. If your claim is for $10,000 or less, there shall be no in person hearing; and we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by video conference as established by the AAA Rules. If your claim exceeds $10,000, the right to and format of a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Each party shall be responsible for their own attorneys' fees. Although under some laws Turner may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Turner agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

YOU AND TURNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Turner agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(e) Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or Turner's intellectual property rights (or the intellectual property rights of any of Turner's licensors) are not covered by this agreement to arbitrate contained in paragraph 22.  In the event a party asserts that a matter is not subject to arbitration under this subsection (e), a court of competent jurisdiction shall decide the question of arbitrability. 

(f) If the waiver of the right to participate in a class action set forth in subparagraphs (b) and (d) above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, than the entirety of the agreement to arbitrate contained in paragraphs (b) and (d) is null and void. In that instance, you and Turner agree to waive your right to a jury trial. You and Turner further agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, and these Terms of Use shall be brought in the appropriate state or federal court located in New York County, New York; and that we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York.

 

U.S. EXPORT CONTROLS

Software from the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TEXT MESSAGE CAMPAIGNS

We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the Text Message Terms, which are incorporated by reference herein, as well as these terms.

These Terms of Use were updated on June 28, 2019.