These advertising guidelines (“Guidelines”) set forth standards that govern the placement of advertisements and sponsored content (collectively “Ads”) by any advertiser, agency or technology provider that RKT Publishing, LLC partners with (collectively, “Advertisers”). Advertisers must adhere to these Guidelines when placing Ads, including Ads purchased under the AAAA/IAB Standard Terms and Conditions, on websites or mobile properties owned or controlled by RKT Publishing, LLC (“RKT”), including Higher Learning Today.
These Guidelines are intended to provide general parameters for Advertisers in connection with Ad creative and content served on Higher Learning Today. They are not exhaustive and do not address every situation or issue that may arise in the course of business, particularly given the rate of change within the media and advertising industry. Accordingly, these Guidelines are subject to change from time to time in RKT’s sole discretion.
Advertisers are responsible for understanding and complying with all applicable laws and regulations, including FTC guidelines regarding advertising, native advertising disclosure, privacy, and data security. All Ads must be fair, truthful, and clearly distinguishable from editorial content. Advertisers are responsible for ensuring all Ads and related claims are adequately substantiated. Further, Advertisers must adhere to RKT’s Prohibited Content Guidelines and Additional Standards for Advertisers, which are incorporated into these Guidelines and set forth below.
Ads served through networks or exchanges are reviewed on a regular basis and, in addition to any other remedies RKT may have, RKT reserves the right to remove, without notice, any Ads that do not meet these Guidelines, regardless of whether the Ad was previously accepted by RKT.
Ads may not contain or promote the following:
- Drugs/Alcohol/Tobacco. Ads may not promote illegal drugs, illegal substances abuse of prescription drugs, use of Alcohol (except for beer and wine), or tobacco products, or any related paraphernalia thereto. Lawful products and services which promote quitting tobacco related products are permitted.
- Weapons/Violence. Ads may not promote the use, distribution, or making of firearms, ammunition, explosives, pyrotechnics or other weapons. Ads may not promote violence, cruelty, or physical or emotional harm to any person or animal.
- Illegal Activities/Gambling. Ads may not promote any illegal or other questionable activities which may be illegal in one or more jurisdictions, including without limitation hacking, counterfeiting, or other activities that may violate the intellectual property, privacy, publicity, or contractual rights of others. Ads may not contain or promote content related to scams, financial schemes, pyramid schemes or other fraudulent or illegal financial or investment opportunities. Ads may not promote casinos, gambling, betting, numbers games, sports or financial betting. Ads promoting state lotteries are permitted.
- Hate/Intolerance/Discrimination. Ads may not contain or promote hate speech, personal attacks, or discrimination toward any individual, group, country or organization.
- Obscenity/Indecency/Profanity. Ads may not contain or promote any obscene, indecent, profane or offensive words, images, sounds, videos or other content.
- Political/Religious. Ads may not contain hostile, offensive, inflammatory or hateful speech related to political or religious topics or groups. Ads may not exploit controversial political, social, or religious issues for commercial purposes.
- Sexual or Adult Content. Ads may not include full or partial nudity, depictions of people in explicit positions, or activities that are overly suggestive or sexually provocative. Ads will not contain text or images exposing anyone or anything involved in explicit sexual acts or lewd and lascivious behavior. Ads may not promote escort, dating, erotic message, pornography, or other sexual products or services
- Disparagement/Defamation. Ads may not contain disparaging or defamatory information or content which tends to harm the reputation of RKT or any other individual, group, or organization.
- Gross Depictions. Ads may not contain or promote content that is crude, vulgar, degrading or likely to shock or disgust.
- Militant/Extremism. Ads may not contain or promote extremely aggressive and combative behaviors or unlawful political measures, including individuals or groups advocating violence as a means to achieve their goals.
- Sensitive Content. Ads may not target sensitive categories such as financial status, medical conditions, mental health, criminal record, political affiliation, age, racial or ethnic origin, religious or philosophical affiliation or beliefs, sexual behavior or orientation, or trade union membership.
- Free Goods/Services. Ads may not distribute or promise to distribute any free goods and services.
- Targeted at Children. Ads may not specifically target children, including through cartoons or other similar content.
- Unverifiable Claims. Ad’s may not make confusing claims that reasonable consumers cannot readily understand and evaluate
- Before/After Images. Ad may not depict “before and after” images or images that contain unexpected or unlikely results.
- Health and Safety Claims. Ads may not promote actions likely to harm one’s health, such as bulimia, anorexia, binge drinking, or drug use. Ads may not make health claims that are not clearly substantiated. Advertisers may be required to submit supporting documentation to substantiate their products’ claims.
- Misleading/False/Deceptive: Ads may not contain any information or content that is potentially misleading, false, or deceptive, including content which is meant to deceptively generate clicks such as fake “close” buttons.
- Competitive to Higher Learning Today/Affiliates. Ads may not promote direct competitors of Higher Learning Today or any of its parent, affiliate, subsidiary or other related entity.
Advertisers and Ads must adhere to the following standards:
- Audio/Animation. Ads may not include overly disruptive audio or animation that plays automatically.
Popups/Downloads. Ads may not include lead ads, floating layers, pop-ups, surveys, or any digital downloads.
- Malicious Software. Ads may not contain malicious code, including malware, spyware, trojan horses, bugs or viruses.
Phishing. Ads may not trap or trick a user into providing money or any account, personal or other sensitive information.
- Separation. Ads must contain clear borders and be displayed so they are unmistakably not part of Higher Learning Today’s site content
- Compatibility. Ads must function uniformly on both Apple and PC formats, as well as all major Internet browsers.
- Independence. Ads may not appear to compromise or influence Higher Learning Today’s editorial independence from Advertisers
- Endorsements. Ads may not create or imply the existence of any endorsement by Higher Learning Today of any product, service or organization.
- Landing Pages. Landing pages associated with Ads must correspond to the Ads call to action and not engage in “bait and switch”.
- Intellectual Property. Ads may not use any copyrights, trademarks, service marks, trade- secrets, patents or other proprietary rights of RKT or Higher Learning Today, or any third party, without prior written authorization. Advertisers may not alter or interfere with the readability or display of any RKT or Higher Learning Today trademarks, logos or designs.
- Data Collection. Ads may not include open-box forms to register users or collect personally identifiable information. Ads may not collect and sell mailing lists without the users’ express permission. Advertisers may not collect any personally identifiable information from Higher Learning Today users or place any cookies, applets or other similar files — if those files transmit any personally identifiable information to Advertisers — on desktop computers or mobile devices of Higher Learning Today users. Advertisers must handle data with appropriate care, not misuse any data which they are permitted to collect, nor collect any data for unclear purposes or without appropriate security measures.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the customer, other than for the express purpose of delivering the purchased product or service requested by the customer.
Email Usage: The email address you provide, may be used to send you information and updates pertaining to your order, in addition to periodic company news, updates, and/or related product or service information, etc. However, you may opt-out at any time by clicking the unsubscribe button at the bottom of your emails.
How We Collect Information
We may collect information in two ways:
1. Information You May Choose to Provide to Us. We may collect information, including personal data, directly from you if you choose to provide that information. For example, when you email us you may choose to provide us with personal information such as your name, contact information (e.g. your email address or phone number), date of birth, or other details of that nature. Another example of a time you may choose to provide us with your personal information is when you enter a giveaway/contest on our website.
You also may choose to provide personally identifiable information about yourself when you participate leave a comment on an article. You should be aware of the fact that any information you post may be viewed or captured by anyone who visits the Site. It is therefore strongly advised to refrain from posting sensitive or personal data that you would not want to be available to the public.
2. Information That Is Automatically Collected When You Visit Higher Learning Today. When you access the Site, we and our third-party partners may automatically collect certain information about your visit using tools such as cookies, web beacons, and other similar technologies. The information collected automatically when you visit the Site may include your IP address, characteristics of your operating system, information about your browser and system settings, data about the computer or mobile device you use to access the Site, unique device identifiers, clickstream data (which shows the page-by-page path you take as you browse the Site). We or our third-party partners may combine information that each of us collects automatically with other information about you, including information you choose to provide.
Information Collected Using Cookies and Other Web Technologies
You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to: https://tools.google.com/dlpage/gaoptout
Our Use of Such Technologies Fall into the Following Categories:
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
Cookies and Interest-Based Advertising
Higher Learning Today respects intellectual property rights. You may not post, upload, or otherwise place any content or information on the Site or through the Services that belongs to a third party, unless you have the legal right to do so.
If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe in good faith that your copyrighted work has been reproduced on our Site or within the Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent at the contact information provided below in accordance with the Digital Millennium Copyright Act (“DMCA”).
Your notification must include all of the following:
- Full legal name and physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
- Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel. Please be aware that if you knowingly materially misrepresent that material or activity on the Site or the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
Please deliver the notification to:
By mail: Copyright Agent (Legal), RKT Publishing, LLC PO Box 1033 East Dennis, MA;
By email: firstname.lastname@example.org
Please use this contact information only for suspected copyright infringement.
It is the policy of Higher Learning Today to disable the accounts of users who repeatedly post infringing material on the Site.
Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. Higher Learning Today does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned in the Services. Content may be revised, modified or updated at any time. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and Higher Learning Today shall have no responsibility or liability to you whatsoever.
Not Medical Advice
The Services made available via the Site are provided for informational purposes only. The Services do not provide medical advice or any medical, healthcare or wellness service. The Services are not a substitute for the professional judgement of a medical professional and are not in any way intended to override professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any question you may have regarding your medical condition. If you think you may have a medical emergency, call 911 for help immediately.
You also acknowledge and agree that communications on or through the Services, including without limitation, User Contributions, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., doctor-patient).
Use of the Services
You agree to provide and maintain only true, accurate, current and complete information about yourself as part of your account. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.
The Services are intended for use in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk. You are responsible for compliance with all laws, rules and regulations applicable to you.
We do not guarantee that any Content will be made available through the Services, or that any Content you access is or will continue to be accurate. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Contributions”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Contribution. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary.
By providing any User Contribution through the Services, you grant us and our affiliates, partners, and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, transferable license and right to use, edit, truncate, aggregate, reproduce, modify, perform, display, distribute, prepare derivative works of, and otherwise fully exploit the User Contributions in connection with the Services, and ours and our affiliates and partners businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivatives thereof) in any media formats and through any media channels (including, without limitation, third party websites and fees), and including after termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Contributions in connection with material provided by our affiliates and partners, and you shall not be entitled to any payment or other remuneration for such use. To the extent any User Contributions you submit includes your name, likeness, voice, or photograph (or any of the foregoing of your pet or other animal), you acknowledge and agree that this license shall apply to the same and you hereby release and hold harmless Higher Learning Today from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made in connection with your content, name, image or likeness. You grant each user of the Services a non-exclusive, perpetual license to access your User Contributions through the Services, including after your termination of your Account or the Services. You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above. Except where prohibited by applicable law, by submitting User Contributions through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Contributions or any photograph(s), footage, illustrations, statements or other work contained in the User Contributions.
You acknowledge that the use of any User Contributions accessed via the Services is at your own risk to the fullest extent allowed by applicable law. We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any User Contributions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding our rights set forth above, we cannot and do not undertake to review all User Contributions before or after they are posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section titled “User Contributions”.
- In any way that violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Higher Learning Today, a Higher Learning Today employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Higher Learning Today or users of the Services or expose them to liability.
Additionally, you agree not to:
- “Scrape” or disaggregate data or Content from the Services (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- Otherwise attempt to interfere with the proper working of the Services.
Some of your activity on and through the Services is public. If you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. We are not responsible or liable for any information that is made public pursuant to the public features of the Services.
The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed in the Services are Trademarks of Higher Learning Today and its third party partners and licensors. Nothing contained in the Services shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Services without the written permission of Higher Learning Today.
Any unauthorized use (including any commercial use) of the Services and/or Content, including Trademarks, will violate the intellectual property rights of Higher Learning Today (and/or its third party partners and licensors) and will be subject to Higher Learning Today (and/or its third party partners and licensors) full legal rights and remedies.
About Our Contributors
Content providers are independent contractor contributors to the Services. Higher Learning Today does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate.
To the extent we refer to each of these contributors as an expert, you must understand we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Higher Learning Today also is not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as experts, are not employees of Higher Learning Today or its affiliates and Higher Learning Today cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Services.
Third Party Links
We may provide links to third party services as a convenience to you. Any use by you of any products or services offered by any third parties is at your sole risk. We are not responsible for the content of any such third party advertisements or linked websites. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Higher Learning Today nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your use or purchase of third party products or services, even if based upon the information provided via the Services, and we shall not receive or review complaints regarding such purchases. We make no representations or warranties with respect to such third party products and services. Please be sure to read any terms and policies that may apply to the third party products and services.
Your use of the Services is also subject to the following additional policies, which are incorporated herein by reference. We encourage you to read each of these policies:
If you send us your send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction fully exploit in any medium any comments that you provide to us. Comments are not confidential. We are and shall be under no obligation (1) to pay compensation for any Comments; or (2) to respond to any Comments.
Social Media and Linking
The Services may provide certain social media features. You may use these features solely as they are provided by us and solely with respect to the Content with which they are displayed. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site and to use the social media features so long as: (a) the links only incorporate text, and do not use any of our trademarks; (b) the links and the content on your website and social media do not suggest any affiliation with Higher Learning Today or cause any other confusion; and (c) the links and the content on your website or social media do not portray Higher Learning Today or its Services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party. You must not establish a link to this Site or the Services from any website or social media account that is not owned by you, or for which you lack proper legal authority to establish a link. The Site and Services must not be framed on any other site, nor may you create a link to any part of the Site or the Services other than the homepage. We reserve the right to suspend or prohibit linking to the Site and Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. We may disable all or any social media features and any links at any time without notice in our sole discretion.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL HIGHER LEARNING TODAY OR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, ADVISORS OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM, LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVENT IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HIGHER LEARNING TODAY AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF, RELIANCE ON, OR INABILITY TO USE THE SERVICES EXCEED FIVE HUNDRED DOLLARS (US$500).
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of any Content or other material used or displayed through the Services.
Waiver and Severability
Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
We may provide you notice via email, written notice, or by conspicuously posting the notice on our Site. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.