Terms and Conditions
Last Updated: April 30, 2023
These terms of service (“Terms”) govern your use of The New Republic (collectively, “TNR,” or “we,” “us,” or “our”) websites, including the website located at https://newrepublic.com/, our app(s), and all other interactive features and communications we provide in connection with the websites or apps, however accessed or used, that we operate, make available, produce, or maintain (collectively, the “Service”). Use of this Service constitutes acceptance of these Terms. If you do not accept these Terms, then you may not use the Service.Use of this Service constitutes acceptance of these Terms. If you do not accept these Terms, then you may not use the Service.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 23 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
TNR reserves the right to change these Terms on a going-forward basis at any time and at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Service” link at the bottom of the Service’s home page. If you continue to use the Services after changes are posted, you will be deemed to have accepted the change.
If you do not agree to the revised Terms, you must stop using the Service. We encourage you to review the Terms from time to time, so you understand the terms and conditions that apply to your access to, and use of, the Service.
You must be 13 years of age or older to use the Service. You certify that if you are between the ages of 13 and 18, you are using the Service with the supervision of your parent or legal guardian, who agrees to be bound by these Terms. Review these terms with your parent or guardian so that you both understand all of your rights and obligations.
Privacy
Data collection and use, including data collection and use of personally identifiable information, is governed by TNR’s Privacy Policy, which is incorporated into and is a part of these Terms. See https://newrepublic.com/pages/privacy.
Access License
TNR grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Service. The Service may only be used for the intended purpose for which such Service is being made available. TNR reserves all rights to the Service not expressly granted by TNR, whether by implication, estoppel, or otherwise.
Restrictions
Except as expressly permitted herein, the Service and/or any portion of the Service may not be reproduced, sold, resold, visited, or otherwise exploited for any purpose without TNR’s express written consent. Additionally, you will not: (a) make use of the contents of the Service in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights; (b) make commercial use of the Service or its contents; (c) download or copy account information for the benefit of a third party; (d) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (e) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (g) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
Ownership
All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by TNR, its licensors, vendors, agents, or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Except as permitted by copyright law, you may not modify any of the materials; and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Service. You will not remove any copyright, trademark, or other proprietary notices from material found on the Service. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, its Content, and all related rights shall remain the exclusive property of TNR or its licensors, vendors, agents, and/or its Content providers, unless otherwise expressly agreed, and are protected by U.S. and international copyright laws. To obtain written consent to use a copyrighted work, please see www.tnrreprints.com.
Trademarks/No Endorsement
All trademarks, service marks, and trade names of TNR used herein (including but not limited to: TNR name, TNR corporate logo, the Service name, the Service design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of TNR or its affiliates, partners, vendors, or licensors in the U.S. or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without TNR’s prior written consent. You shall not use Marks or any language, pictures or symbols that could, in TNR’s judgment, imply TNR’s endorsement in any (a) written or oral advertising or presentation or (b) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. You shall not use TNR’s Marks in connection with any product or service that is not TNR’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TNR. All other trademarks not owned by TNR that appear in TNR’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TNR.
Account Registration and Security
You understand that you will need to become a subscriber to The New Republic and create an account to have access to all of the parts of the Service. If you create an account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You will: (a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by the Service’s registration or subscription page (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TNR has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, TNR has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to log on to the Service using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right to provide user billing, account, Content, or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants; or to protect our rights, customers, or business). Please note that anyone able to provide your personally identifiable information may be able to access your account, so you should take reasonable steps to protect your personally identifiable information. To subscribe to The New Republic, go to https://newrepublic.com/subscribe.
Subscriptions
To set up and pay for your subscription online, you may be required to set up a separate payment account (“Payment Account”) with a third party designated by TNR to handle payment transactions (“Payment Processor”). Your use of the Payment Processor and any terms related your use of the Payment Processor are between you and the Payment Processor. TNR will provide information to the Payment Processor regarding your chosen subscription and other information necessary to process the payment for your subscription.
You are required to provide and maintain accurate mailing address information. If the Post Office alerts us that your subscription is undeliverable and you do not provide a corrected address within 1 year from the date we receive the notice, you will not receive a refund, and we will have no further obligations to you.
User Submissions
TNR does not accept user submissions on the Service.
Feedback
If you give to TNR any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), you give to TNR, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose.
Contests, Sweepstakes, and Games
From time to time, TNR may offer contests, sweepstakes, and games. Additional terms and conditions may apply to your participation in each contest, sweepstakes, or game.
Advertising Rights
TNR reserves the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with the Service, and TNR and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms obligates or may be deemed to obligate TNR to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
Third-Party Links
The Service may contain links to websites that are not owned, operated, or controlled by TNR or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave TNR’s Service. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Service, you do so entirely at your own risk.
Transactional Partners
In some cases, we partner with third parties to co-promote their services within the Service (“Partner(s)”). In these cases, you are transacting directly with the Partner. On those pages or locations, the transactional Partners’ brand is clearly visible and their terms of service are posted. When using these Partner pages, you are bound by Partner terms of service in addition to remaining bound by these Terms. When there is a conflict between these Terms and a Partner’s terms of service, the Partner’s terms of service will prevail with respect to the Partner’s services. TNR does not license any intellectual property to you as part of any Partners’ services and is not responsible or liable to you or others for information or services provided by any Partners’ services.
Service Notification
If you gave us your email address in connection with your account, then we may send Service notifications to you via email. We may also send you Service notifications by other means (for example, by in-product messages).
If you gave us your mobile phone number in connection with your account, you agree to receive at the provided mobile phone number recurring autodialed SMS (text) messages concerning your relationship with TNR, including, but limited to, account and Service notifications and an SMS message to verify your identity before registering your mobile phone number (the “SMS Program”). Your consent is not required to use TNR’s Service or to interact with TNR. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of TNR’s SMS messages are sent using an autodialer. Data or messaging rates may apply.
If you do not wish to continue participating in the SMS Program or no longer agree to these terms in this Section, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to any SMS message from TNR to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For support regarding the SMS Program, text “HELP” to 41099 or email dmyer@tnr.com. Please note that the use of this email address is not an acceptable method of opting out of the SMS Program.
Eligibility to Subscribe to Service
You may subscribe to the Service in any location worldwide. TNR makes no promise, however, that the Service is appropriate or available for use in locations outside the United States (“Foreign Territory(ies)”), and accessing the Service from Foreign Territories where its contents are illegal or unlawful is prohibited, including from those Foreign Territories prohibited by the United States Department of State or other U.S. government entity. If you choose to access the Service from Foreign Territories, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to Service you subscribe to through this Service.
Suspension and Termination
You or we may suspend your use of the Service at any time, for any reason or for no reason, with or without prior notice. We may also block your access to the Service in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If your account is terminated, we may delete data associated with your account or will otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Service.
Representations and Warranties
You represent that you are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Service is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by these Terms.
DISCLAIMERS
YOUR USE OF THE SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TNR NOR ANY OF ITS AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER TNR NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TNR OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
TNR DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL TNR BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL TNR, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL TNR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS (U.S. $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR TO WHICH YOU SUBSCRIBE THROUGH THE SERVICE.
THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS OR THE SERVICE.
Indemnity
You agree to defend, indemnify, and hold TNR and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Service; (b) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
Release
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICE, YOU RELEASE TNR (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Force Majeur
Neither TNR nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemic, war, revolution, civil commotion, or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel, or energy shortages, or acts or omissions of other common carriers.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND TNR HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and TNR agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Service; (ii) any purchases or other transactions or relationships with TNR; or (iii) any data or information you may provide to TNR or that TNR may gather in connection with such use, interaction, or transaction (collectively, “TNR Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service or engaging in any other TNR Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against TNR, and any claim that TNR may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any TNR Transactions or Relationships, shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, TNR agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
Arbitrator Will Interpret These Terms
The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
Location of Arbitration
The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and TNR; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
Governing Law
The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
No Class Relief
The Arbitration can resolve only your and TNR’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award
The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs
In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, TNR will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees
In the event you recover an Award greater than TNR’s last written settlement offer, the Arbitrator shall also have the right to include in the Award TNR’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but TNR shall in all events bear its own attorneys’ fees;
Interpretation and Enforcement of Arbitration Clause
With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor TNR shall be entitled to arbitrate their dispute and must instead bring any claims in a court of competent jurisdiction;
Small Claims Matters Are Excluded. No Class Relief or Joinder of Claims
Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against TNR in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
Right to Opt Out
You may opt out of this agreement to arbitrate. If you do so, neither you nor TNR can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your TNR account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: dmyer@tnr.com; and
Intellectual Property Disputes
Notwithstanding the foregoing, TNR may submit any dispute, cause of action, claim, or controversy relating to TNR’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
General
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted, or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by TNR in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms shall survive any termination or expiration of these Terms.
DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA") NOTICE
In operating the Service, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Service. TNR has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. TNR has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of TNR or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is copyrightagent@tnr.com.
Please provide the following notice:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed;
- Identification of the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
- 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 declaring under penalty of perjury that (a) the above information in your notice is accurate and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on the Service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification 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;
- A statement from you, under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Apple Disclaimer
The following applies to any apps you acquire from the App Store, an electronic store branded, owned, or controlled by Apple or any affiliate of Apple (“App Store-Sourced Software”):
You acknowledge and agree that these Terms are solely between you and TNR, not Apple, and that Apple has no responsibility for the App Store–Sourced Software or content thereof. Your use of the App Store–Sourced Software must comply with the App Store Terms of Service https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store–Sourced Software. In the event of any failure of the App Store–Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store–Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store–Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to TNR as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store–Sourced Software or your possession and/or use of the App Store–Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store–Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to TNR as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store–Sourced Software or your possession and use of that App Store–Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You and TNR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store–Sourced Software and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store–Sourced Software against you as a third-party beneficiary thereof. You must comply with applicable third-party terms of agreement when using the App Store-Sourced Software. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Additional Assistance
If you do not understand any of these Terms, or if you have any questions or comments, we invite you to contact us at terms@tnr.com.
Copyright Notice
All design, graphics, text selections, arrangements, and all software are Copyright © 2023, The New Republic and its related companies or its licensors. ALL RIGHTS RESERVED.