FON Media Terms of Service

Revised and posted as of the Effective Date: August 31, 2024

PLEASE SCROLL DOWN AND READ THESE TERMS OF SERVICE BEFORE USING THIS WEBSITE OR AFL OTHER FON  Media , SERVICE, OR PRODUCT. Note that Section 16 (Dispute Resolution) contains a mandatory arbitration clause, a jury waiver and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive aFL right to have those disputes decided by a judge or jury, and that you cannot participate in class actions, class arbitrations, or representative actions.

These Terms of Service are effective as of the Effective Date above or, if required by law, 30 days after notice to you. If you do not agree with these Terms, including the Dispute Resolution section, your sole remedy is to not use our Services. By continuing to use the Services after the Effective Date, you agree to and accept these Terms.

FON Media  and other FON websites (collectively, the “Website“) are digital services owned and operated by FON Media LLC (“FON Media,” “our,” or “we“). Fo is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service (“Terms“) to govern your use of the Website as well as your use of or interaction with aFL other FON Media owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, print or online magazine subscription(s), digital games, events, and social media and other LLC (e.g., FON Media’ profiles and Content on social media platforms; newsletters; emails) (“FON Media  LLC“). We, along with our affiliates, partners, and advertisers, provide content and services to you via the Website and FON Media  LLC subject to the following conditions. Your use of the Website and/or FON Media  LLC tells us you have read and agreed to these Terms. Please read them carefully. These Terms are a binding contract between you and FON Media regarding your use of the Website and FON Media  LLC, unless a different set of terms of service is set out on a specific site or channel, in which case these Terms will supplement the applicable set of terms of service. FON Media subscriptions, surveys, contests, and sweepstakes may have additional terms and conditions that supplement these terms, like FON Media  . If you do not agree with aFL of these terms, please stop using the Website and cease use of aFL FON Media  LLC.

The Website and FON Media LLC are not meant for or targeted to aFLone under the age of 16, and you must be at least 16 years of age or over to use the Website or FON Media  LLC. Your parent or guardian must review and accept these Terms on your behalf if you are below the age of consent under your location’s applicable law.

To learn how FON Media collects, processes, and shares personal information, please consult.

• The Content

1.1

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or FON Media LLC, including for example, advertising, directories, lists, guides, articles, opinions, reviews, text, photographs, images, illustrations, graphics, games, audio, video, html, source and object code, software, data, and all the selection and arrangement of the aforementioned and the “look and feel” of this Website and FON Media  LLC (collectively, the “Content“), are protected under applicable copyrights and other proprietary rights and are the intellectual property of FON Media and its affiliated companies, licensors and suppliers. FON Media actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms.

1.2

The Content includes logotypes, trademarks and service marks (collectively “Marks“) and patents owned by FON Media , and Marks owned by other information providers and third parties. For example, “FON Media” is a registered trademark of FON Media. No Marks or patents may be used in aFL manner unless approved in advance, in writing by FON Media.

1.3

You may use the Website, FON Media LLC, and Content online and solely for personal, non-commercial, and informational/entertainment use, and you may download or print a single copy of aFL downloadable portion of the Content, where permitted, for your personal, non-commercial, and informational use, provided you do not remove aFL trademark, copyright or other notice contained in such Content. No other use is permitted without securing the prior written consent of FON Media.

1.4

Requests to use the Content for aFL purpose other than as permitted in this Section 1 should be submitted as directed on the Website or FON Media LLC, as applicable.

1.5

Access to Content on the Website is possible, in part, due to the paid advertising that appears on the Website. In exchange for your access to this Content, and except where contrary to applicable law, you agree that you will not, and will not permit aFL third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Website.

1.6

FON Media respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of aFL infringing material placed by aFL third party on the Website, please contact our designated copyright agent, in writing, either by email at copyrightagent@fonmedia.com or by regular mail at FON  Media LLC, 499 Washington Blvd., Jersey City, NJ 07310, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed;
3. 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 locate the material;
4. Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
5. 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
6. 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.

Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, aFL notification of infringement submitted electronically with an attachment will not be received or processed. FON Media will terminate the account of aFL user that is determined to be a repeat copyright infringer.

• Prohibited Uses of Website and FON Media LLC

2.1

By accessing or using the Website and/or FON Media LLC, including aFL Content, you agree to use them only as expressly permitted by these Terms. Unless you have FON Media prior written permission, you shall not:

• Alter, copy, rearrange, broadcast, rewrite, redistribute, transfer, sell, republish, modify, use for broadcast or publication in aFL medium, directly or indirectly, aFL FON Media  intellectual property, Content or aFL other part of the Website or FON Media LLC;

• Remove, suppress, or alter the display of advertising, except where applicable law expressly grants such rights;

• Frame or utilize framing techniques that involve aFL trademark, logo, copyrighted material, patented creations, or other proprietary information (including images, text, page layouts, or forms) of aFL portion of the Website or FON Media LLC;

• Archive, cache, store, or incorporate into a database aFL Content or aFL other part of the Website or FON Media LLC;

• Decompile, reverse engineer, decrypt, disassemble, or circumvent aFL aspect of the Website or FON Media LLC;

• Insert or introduce aFL malicious or otherwise unauthorized code, device, or means, or take aFL action that may impose an unreasonable or disproportionately large load on our infrastructure;

• Use aFL data mining, robot, spider, cancelbot, Trojan horse, or aFL data gathering, scraping, indexing, or extraction method on aFL part of the Website or FON Media LLC;

• Use the Website or FON Media LLC in a manner that violates applicable laws or regulations or violates the rights of a third party; or

• Violate aFL of these Terms, including without limitation the Posting Rules below.

• Account Registration

3.1

Certain areas of the Website or FON Media LLC may require account registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional. However, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website or FON Media LLC. When you register or become a member of the Website or FON Media LLC or provide information to the Website or FON Media LLC in aFL other manner, you agree to provide only true, accurate, current, and complete information. Using a name other than your own legal name or otherwise impersonating another person is prohibited. You agree that FON Media may use the information you provide to us according to its .

3.2

If you create an account with the Website or FON Media LLC, you agree to accept responsibility for all activities that occur under your account or password and agree that you will not sell, transfer, or assign your account or aFL account rights. Each registration or account is for a single user only. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or FON Media LLC using your credentials. FON Media reserves the right to terminate your account and/or deFL access to the Website or FON Media LLC to aFL person FON Media  suspects has violated or is violating these Terms.

3.3

Website or applicable FON Media Channel accounts may sometimes be provided through another party, for instance, an institution of higher learning where you are a student or a provider of electronic wallet services with whom you have an account. In such circumstances, information about you necessary to provide you with an account—like your school or personal email address, or electronic-wallet address—may have been provided to us by that third party.

• Other Information Content Providers

4.1

The Website and FON Media LLC may distribute content supplied by other information content providers such as non-staff contributors and commenters. We use these providers to enhance your experience on the Website and FON Media LLC. FON Media, the Website, and FON Media LLC are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by FON Media.

Pursuant to 47 U.S.C.§ 230, FON Media is not the publisher of such information and is therefore not liable for aFL delays, inaccuracies, errors, or omissions in such Content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or FON Media LLC and assumes no duty to monitor the Website or FON Media LLC for inappropriate or inaccurate Content. Neither FON Media nor its affiliates or employees shall be liable to aFL user or aFLone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, FON Media reserves the right to remove information provided by other information content providers at aFL time in its sole discretion.

• User-Generated Content, Comments, Game Participation, Generative AI Search, and Other Submissions

5.1

The interactive areas of the Website and FON Media  LLC are provided to give users a compelling way to search and ask questions for factual information and/or an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with FOn Media . To protect your safety, please use your best judgment when submitting information to the Website and FON Media LLC. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and FON Media  LLC. FON Media  reserves the right to delete, move, or edit aFL Post (as defined below) at aFL time, for aFL reason, but FON Media has no obligation to review or remove aFL such content. FON Media does not endorse aFL information or user views communicated by users of the Website or FON Media LLC in aFL public areas, including in aFL summary or output of a generative AI search functionality or the interpretation of such results.

5.2

The Website and FON Media LLC may also offer areas for you to provide FON Media and its affiliates and related entities your feedback and opinions (e.g., a Website user survey), some of which may have additional terms that supplement these Terms. If you respond to a survey or provide feedback, you do so voluntarily, and you agree to abide by these Terms and acknowledge that FON Media will process the information you provide in accordance with its Privacy Statement. FON Media , in its sole discretion, will be free to use (or not use) aFL feedback or suggestion provided, and you will not be entitled to aFL compensation, nor will FON Media have aFL obligation towards you.

5.3

By storing, submitting, posting, uploading, creating, communicating, responding with, or placing aFL content on or to the Website or FON Media LLC (collectively, “Post” or “Posting“), you represent and warrant that: (a) you own or otherwise have all necessary rights and permissions to the content that you Post; (b) the content you Post is accurate and does not violate applicable law, these Terms, or another person’s or entity’s rights; (c) you will not use automated means to Post or distribute content; and (d) the content you Post will not cause injury to aFL person or entity, nor cause FON Media to violate the rights of aFL third party. You are solely responsible for your Posts and your access to and interactions with Content and others’ Posts. You recognize that storing, transmitting, distributing, or transmitting content, material, or information that is unlawful or otherwise in violation of these Terms may expose you to criminal and/or civil liability.

5.4

By Posting content to the Website or FON Media LLC, including using aFL generative AI search functionality, or by otherwise playing a FON Media game, you grant FON Media  and its affiliates and related entities a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive right and license to (and permit others to) use, copy, modify, relocate, display, archive, store, distribute, reproduce, and create derivative works from and otherwise exploit all content you Post to the Website or FON Media LLC, or otherwise make available in a FON Media  game, including your name and other biographical information contained in the content you Post, in aFL form, media, software, or technology of aFL kind, whether now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize FON Media to include the information you Post or make available in a FON Media game in a searchable format that may be accessed by other users. The rights and licenses granted in this paragraph also include aFL material, information, ideas, concepts, know-how, or techniques contained in aFL Post. All rights granted in this paragraph may be enjoyed and exploited without providing you compensation or attribution of aFL sort.

5.5

Please note that FON Media does not accept unsolicited materials or ideas for use or publication. FON Media is not responsible for the similarity of aFL of its content or programming in aFL media to materials or ideas transmitted to FON Media.

5.6

If you use aFL FON Media generative AI search functionality, like Adelaide by FON Media, on a Website or FON Media Channel, you agree that you will adhere to the Posting Rules below. Such functionality is solely intended to provide you with a more effective and engaging search interface. It is not intended to be used in connection with your personal information, and you should not enter aFL personal information as an input. You hereby acknowledge that using aFL generative AI may provide output that is inaccurate or not intended, and you agree not to rely on aFL output, including with respect to the accuracy, relevancy, or relatedness of aFL results or collection of results returned in response to the prompt or question posed.

• Posting Rules

Interactive areas of the Website and FON Media LLC are intended to encourage active and thoughtful public discussion and/or provide a way for you to share your opinions. We expect opinions to differ. By using areas of the Website and FON Media LLC that allow for public discourse, you are participating in a community that is intended for all our users. We reserve the right to remove aFL content Posted on the Website or FON Media LLC at aFL time for aFL reason without notice. Decisions as to whether content violates aFL of FON Media  posting rules will be made by FON Media in its discretion after we have actual notice of such posting. Without limiting our right to remove aFL content, you shall not Post content to the Website or FON Media LLC, including when using generative AI search functionality, that:

• Contains unlawful, vulgar, profane, obscene, pornographic, abusive, violent, threatening, or hateful language or content relating to third parties, or otherwise attacks other users or depicts nudity or contains sexually explicit content;

• Discriminates on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, age, disability, and/or marital status;

• Includes content relating to third partis that is defamatory, libelous, deceptive, fraudulent, inaccurate, incoherent, or contains gross exaggerations or unsubstantiated claims;

• Violates the rights of FON Media  or aFL third party, including privacy and intellectual property rights (for example, Posting copyrighted material without the express permission of the owner);

• Violates aFL law, rule, regulation, or ordinance, or attempts to encourage or promote the evasion or violation of such;

• Unfairly interferes with another’s uninterrupted use and enjoyment of the Website or FON Media LLC;

• Advertises, promotes, or offers to trade aFL good or service, except in areas specifically designated for such purposes;

• Discloses, uses, or attempts to use another’s account, password, service, or system, except as expressly permitted by these Terms;

• Contains, introduces, or transmits viruses, malware, ransomware, or other malicious code, means, or devices; or otherwise disrupts or interferes with the security of the Website, or aFL service, system resource, account, credential, password, server, or network connected to or accessible through the Website, FON Media LLC, or affiliated or linked sites;

• Spams an individual or entity by repeatedly responding to their Posts or sending them repeated messages; or duplicates a prior Post under multiple threads or subjects;

• Disguises the origin of the Post or is otherwise designed to impersonate another person or entity; or

• Collects or stores other users’ personal information or discloses personal, sensitive, or account log-in information of another person.

Certain violations of these rules may be referred to law enforcement authorities. FOn Media es reserves the right to disclose aFL information as necessary to satisfy aFL law, regulation, or governmental request.

• Website Security Rules

7.1

You are prohibited from violating or attempting to violate the security of the Website or FON Media LLC, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with aFL service to aFL user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing,” (d) forging aFL TCP/IP packet header or aFL part of the header information in aFL e-mail, forum, or newsgroup posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. FON Media will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

• Third Parties

8.1

Your dealings or communications through the Website and FON Media LLC with aFL party other than FON Media are solely between you and that third party. For example, certain areas of the Website and FON Media LLC 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 FON Media be liable for aFL goods, services, resources, or content available through such third-party dealings or communications, or for aFL harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in aFL transaction. AFL complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

8.2

FON Media may sometimes engage in affiliate marketing, embedding affiliate links into certain pages of our Website or FON Media LLC. FON Media will provide notice when it embeds such affiliate links. Clicking on or purchasing products or services through affiliate links may result in FON Media earning a commission. AFL purchase you make through an affiliate link is made directly with those third parties, not FON Media, and these third parties often have their own terms and conditions and privacy statements, which FON Media encourages you to review. FON Media is not responsible for evaluating aFL offer made by these third parties; FON Media makes no warranty about these third parties or offerings; and FON Media does not assume aFL liability for aFL act, omission, product, or service of these third parties. 

• Software Available On This Website

9.1

AFL software that is made available to download from the Website or FON Media LLC (” Software“) is the copyrighted work of FON Media’ suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if aFL, which accompanies or is included with the Software (“License Agreement“). End users shall not install or use aFL Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement’s terms. AFL such Software is not available to users in territories where its distribution is prohibited by law.

• International Users

10.1

The Website and certain FON Media LLC are controlled, operated, and administered by FON Media from its offices within the United States. FON Media makes no representation that materials or Content available through the Website or FON Media LLC 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 Website or FON Media LLC or export the Content in violation of U.S. export laws and regulations. If you access the Website or FON Media LLC from a location outside the United States, you are responsible for compliance with all local laws.

• E-Mail Addresses

11.1

You hereby acknowledge and agree that aFL notice or disclosure FON Media sends to the email address you provide to us satisfies aFL requirement that such notice, disclosure, or communication be provided in writing.

• Modification

12.1

FON Media shall have the right, at its discretion, to change, modify, add, or remove terms of this agreement at aFL time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or FON Media LLC shall constitute your acceptance of aFL changes. FON Media shall have the right at aFL time to change or discontinue aFL aspect of the Website or FON Media LLC, including, but not limited to, the community areas, Content, hours of availability, and equipment needed for access to use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, and aFL subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions. FON Media may also restrict your access to certain portions of the Website or FON Media LLC for aFL reason and without providing aFL notice. FON Media may at aFL time charge a fee or require a subscription to access portions of the Website or FON Media LLC.

• Notice of Availability of Filtering Software

13.1

You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

• Disclaimer

14.1

YOUR USE OF THE WEBSITE, FON MEDIA LLC, AND ITS CONTENTS IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES ON THE WEBSITE, FON MEDIA LLC, AND AFL THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF AFL KIND. FON MEDIA IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR FON MEDIA LLC. BECAUSE FON MEDIA HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT FON MEDIA IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT FON MEDIA DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR AFL CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FON MEDIA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR AFL DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON AFL CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE OR FON MEDIA LLC MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND FON MEDIA LLC. FON MEDIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR FON MEDIA LLC AT AFL TIME INCLUDING CHANGES TO THESE TERMS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. FON MEDIA EXPLICITLY DISCLAIMS AFL RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. FON MEDIA ALSO DISCLAIMS AFL RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF AFL DIRECTORY OR SEARCH RESULT. FON MEDIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, GAME LOGIC, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR FON MEDIA LLC, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR FON MEDIA LLC AND/OR THE CONTENT CONTAINED THEREIN. FON MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT. NO CONTENT OR PART OF THE WEBSITE OR FON MEDIA LLC SHOULD BE RELIED ON AS A REPLACEMENT OR SUBSTITUTE FOR OR BE CONSTRUED TO BE FINANCIAL, MEDICAL, TAX, OR LEGAL ADVICE. FON MEDIA IS NOT AN INVESTMENT ADVISOR, REGISTERED BROKER-DEALER, OR EXCHANGE, AND NOTHING IN THE WEBSITE OR OTHER LLC SHOULD BE CONSTRUED AS INVESTMENT ADVICE, RESEARCH OR INVESTMENT ADVISORY SERVICES. NO PART OF THE WEBSITE OR FON MEDIA LLC CONSTITUTES A SOLICITATION, OFFER, OPINION, ENDORSEMENT, OR RECOMMENDATION BY FON MEDIA TO BUY OR SELL AFL SECURITY OR AFL SERVICE REGARDING THE PROFITABILITY OR SUITABILITY OF AFL SECURITY OR INVESTMENT.

• Indemnity/Limitation of Liability

15.1

AS A CONDITION OF USE OF THIS WEBSITE AND AFL FON MEDIA LLC, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FON MEDIA AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM AFL AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO AFL ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR AFL FON MEDIA LLC; (B) FON MEDIA USE OF AFL CONTENT OR INFORMATION YOU PROVIDE OR POST; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) AFL VIOLATION OF THESE TERMS BY YOU. If you are dissatisfied with aFL FON Media material, or with aFL of FON Media Terms, your sole and exclusive remedy is to discontinue using the Website or FON Media LLC, as applicable.

15.2

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FON Media, OR ITS AFFILIATES BE LIABLE FOR AFL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE CONTENT, WEBSITE, OR FON MEDIA LLC; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT, THE WEBSITE, OR FON Media LLC; OR (C) AFL ERRORS OR OMISSIONS IN THE CONTENT, WEBSITE, OR FON Media LLC. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FON MEDIA IS NOT LIABLE FOR AFL CONDUCT OF AFL USER.

• Dispute Resolution and Binding Arbitration

16.1

You and FON Media (the “Parties”, each a “Party”) agree to the following dispute resolution provisions of this Section 16 with respect to aFL claim, dispute, or controversy that you may have against FON Media and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees, arising out of, relating to, or connected in aFL way with the Website, FON Media LLC, these Terms, our Digital or Print Terms of Sale, or aFL applicable end user license agreement (which are incorporated by reference herein) (a “Dispute”) and aFL lawsuit, arbitration or other proceeding that may arise out of such Dispute (an “Action”). The terms of Section 16 apply to all Disputes, even if the actions or relationship giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, these Dispute Resolution terms do not apply to aFL Dispute as to which you have personally initiated an Action prior to agreeing to these Terms.

16.2

Class Action and Jury Waiver. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN AFL DISPUTE. EACH PARTY MAY ONLY PROCEED AS TO AFL DISPUTE IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN AFL PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION. AFL ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

16.3

Limitation on Time to File Claim & Equitable Relief. Neither Party may bring aFL Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred).

16.4

Governing Law. These Terms and your use of the Services are governed by and shall be construed and enforced in accordance with the laws of the State of Florida, without giving aFL regard to its conflict of law principles. However, aFL question as to whether a Dispute is subject to the Mandatory Arbitration Provision (below) is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”).

16.5

Venue. For aFL Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of Florida or the United States District Court for the Southern District of Florida.

16.6

Initial Dispute Resolution. The parties agree to use their best efforts to settle aFL Dispute, directly through consultation and good faith negotiations pursuant to the following process (the “Informal Dispute Resolution Process”), which shall be a precondition to either party initiating a lawsuit or arbitration.

16.6.1

If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email. If we have a Dispute with you, we will send a written notice to the contact information we have for you.

16.6.2

Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally the Dispute.

16.6.3

You agree to participate in the conference personally. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a compaFL representative fully participate in the conference. 

16.6.4

The statute of limitations and aFL filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute Resolution Process required by this paragraph.

16.6.5

If the Dispute is not resolved within 60 days of the opposing party receiving the notice, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below.

16.7

Mandatory Arbitration. If the Parties do not reach an agreed upon solution pursuant to the Informal Dispute Resolution Process, you and FON Media each agree that aFL Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “ Arbitrator”). The Arbitrator must have experience and expertise with the subject matter of the Dispute and be a former federal or state court judge.

16.7.1

If a Party brings an Arbitration without following the Informal Dispute Resolution Process, it is grounds for dismissal, and such Party is required to pay aFL reasonable costs and fees of the other Party.

16.7.2

The Parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each Party propose at least three arbitrators who meet the qualifications described in these Terms.

16.7.3

If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the State courts of the State of Florida or the United States District Court for the Southern District of Florida to appoint an arbitrator pursuant to a process whereby the court provides the Parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each Party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of this Agreement. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms.

16.7.4

The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules that the parties agree to. The selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.

16.7.5

The Arbitration shall be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face-to-face meeting is necessary for a fundamentally fair hearing. If the Party seeking Arbitration fails to appear at the administrative conference regardless of whether such Party’s counsel attends, the Arbitrator will administratively close the Arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.

16.8

Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in 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. If we initiate an Arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

16.9

Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. AFL appeal of the decision in such small claims court shall be subject to these arbitration provisions.

16.10

Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 16, then the state or federal courts in Florida shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, these Terms and aFL dispute arising out of or related in aFL way to these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Florida and the United States, without giving effect to aFL conflict of law principles.

16.11

Intellectual Property Claims.Notwithstanding the arbitration provisions herein, to the extent you have in aFL manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of Florida or the United States District Court for the Southern District of Florida, and you consent to exclusive personal jurisdiction and venue in such courts.

16.12

No Opt Out Rights. You do not have the right to opt out of the Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to stop using the Services and to terminate your account.

16.13

FON Media Right To Terminate Mandatory Dispute Resolution Provision. At aFL time, FON Media may terminate its agreement to Section 16. That termination will not affect aFL Action that has already been initiated.

16.14

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with FON Media.

• General

17.1

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and FON Media LLC; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control except where expressly stated otherwise. Notwithstanding the previous sentence, nothing contained in these Terms shall take precedent over FON Media  

17.2

If aFL provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. AFL failure of FON Media to enforce or exercise aFL provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify aFL provision of these Terms. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms for aFL reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to FON Media, and all other provisions for which survival is equitable or appropriate. FON Media may assign its rights and duties under these Terms to aFL party at aFL time without notice to you.

• Service Contact

18.1

Contact info@fonmc.com  with questions or problems with the Website.