The Sites and any information, products, or services therein are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Insider Inc. hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Insider Inc. does not warrant that the Sites will operate in an uninterrupted or error-free manner or that the Sites are free of viruses or other harmful components. Use of the Sites or information obtained from or through the Sites is at your own risk.
In no event will Insider Inc., its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Sites, any websites linked to the Sites, any content on the Sites or such other websites or any services obtained through the Sites or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Neither Insider Inc. nor the Sites are an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.
The Sites may offer health, fitness, nutritional and other related information, but such information is designed for educational and informational purposes only. Such information does not and is not intended to convey medical advice. Insider Inc. is not responsible for any actions or inaction on your part based on the information in the Sites. Please consult a physician or medical professional for personal medical advice.
17. DISPUTE RESOLUTIONa. Informal Dispute Resolution. If a dispute arises between you and Insider Inc. with respect to your use of the Sites and/or any online products or services owned, controlled or offered by Insider Inc. that post a link to and are governed by these Terms of Service (collectively, the "Services"), both parties agree that they will first, as a prerequisite to the below, make a good faith effort to resolve the dispute informally for 60 days after the responding party's receipt of a written description of the dispute from the claimant party. The written description must be on an individual basis and provide your name, a description of the nature and basis of the claim, and the specific relief sought. Any relevant limitations period, filing fees, or other deadlines will be tolled during the 60 days.
b. Arbitration Agreement.
(i) If the informal dispute resolution does not resolve all claims and disputes that in any way relate to a dispute with Insider Inc. pursuant to, or that may arise out of the interpretation, applicability, performance, or enforcement of, these Terms of Service (including this section 17) (collectively, "Claims") shall be resolved exclusively through binding arbitration according to this section 17 (the "Arbitration Agreement"). "Claims" includes any (A) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement and/or arising after its termination pursuant to 17(g) and 17(h) below, (B) claims arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service and this Arbitration Agreement, or that all or any part thereof are void or voidable or whether the claim is subject to arbitration, and (C) disputes regarding the payment of administrative or arbitrator fees (including payment timing and nonpayment remedies). This Arbitration Agreement is exclusively governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. Except as otherwise set forth in this clause 17(b), the arbitrator or arbitration body shall have exclusive authority to resolve all disputes.
(ii) The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. Notwithstanding this clause 17(b), each party retains the right to (A) elect to have applicable claims resolved in small claims court on an individual basis; (B) bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (C) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's Claims are time-barred or may be brought in small claims court.
(iii) You and Insider Inc. submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
(iv) Except as set forth in clause 17(c) below, if any provision of this Arbitration Agreement is found to be invalid, the parties agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in that provision, and that the other provisions hereof remain in full force and effect.
(v) THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE CLAIMS, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND INSIDER INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
c. Class Arbitration & Collective Relief Waiver. YOU AND INSIDER INC. ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS CLAUSE 17(c) AND CLAUSE 17(e) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS INSIDER INC. CONSENTS TO CONSOLIDATE IN WRITING.
d. Arbitration Rules, Initiation, Location & Procedure. If available, the arbitration will be administered by the National Arbitration and Mediation ("NAM") and resolved before a single arbitrator. In no event shall any arbitration be administered by the American Arbitration Association ("AAA"). Except as modified by this section 17, NAM will administer the arbitration according to applicable NAM rules and procedures available at www.namadr.com or by emailing NAM's Commercial Dept at commercial@namadr.com. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@insider.com. If Insider Inc. is initiating arbitration, it will serve a copy of the demand to the email address associated with your Insider Inc. account. Subject to NAM rules and procedures, the arbitrator will have discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Insider Inc. (and each party's authorized representatives and agents), and all records relating thereto will be permanently sealed to the extent permitted by law.
e. Batch Arbitration. If 100 or more similar arbitration demands (asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another non-AAA arbitration provider selected if NAM is unavailable) against Insider Inc. within reasonably close proximity ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (a final batch may consist of the remaining demands if less than 100) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined in the arbitrator's discretion; (iv) that no other arbitration demands that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Insider Inc. and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible according to applicable NAM rules and procedures, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Insider Inc. and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Insider Inc. otherwise consents in writing, Insider Inc. does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in clause 13(c) above and this clause 13(g). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
f. Arbitrator's Decision, Fees. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with clause 13(c) above and also must be consistent with the terms of the "Limitation of Liability" section 16 above as damages or other relief for which Insider Inc. may be held liable. No arbitration award or decision will be preclusive of issues or claims in any dispute with persons not a named party to the arbitration. Attorneys' fees will be available to the prevailing party only if authorized under the substantive law governing the claims. The arbitrator has the right to impose sanctions according to NAM rules and procedures for any frivolous claims or submissions the arbitrator determines were not filed in good faith, and for a party's failure to comply with the Informal Dispute Resolution Procedure in clause 17(a). You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
g. Right to Opt-Out of the Arbitration Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE "ARBITRATION AGREEMENT" SET FORTH IN THIS SECTION 17, THEN: (i) within 30 days of the date that you first purchase any Services, or otherwise become subject to this Arbitration Agreement, you must notify Insider Inc. in writing by mail sent to Insider Inc. at One Liberty Plaza, New York, NY 10006, Attn: Legal Department, or by email to arb-opt-out@insider.com; and (ii) your written notification must include (A) your name and address, (B) the date you first purchased the Services, if applicable, and (C) a clear statement that you wish to opt out of this Arbitration Agreement.
h. Changes. Insider Inc. will provide notice of any material changes to this section 17 by posting notice on the Sites or otherwise as legally required. Any such material changes will go into effect 30 days after Insider Inc.'s notice thereof and apply to all claims not yet filed. You agree that your continued use of the Sites and Services after such change is effective will be deemed acceptance of the changes. If you do not agree to the changes, you may opt out by providing notice as described in clause 13(g) above.
18. CHOICE OF LAW AND FORUMYou agree that any dispute arising out of or relating to the Sites, these Terms of Service, or any content posted to the Sites, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue of New York County, New York as the legal forum for any such dispute.
19. INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless Insider Inc. from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms of Service, your use of the Sites, or your placement of any content onto the Sites, and to fully cooperate in Insider Inc.'s defense against any such claims.
20. WAIVER AND SEVERABILITYNo waiver of by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
21. INTEGRATIONThese Terms of Service constitute the entire agreement between you and Insider Inc. with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
22. CONTACT USIf you have any feedback, comments, or questions relating to these Terms of Service or the Sites, please e-mail questions to feedback@businessinsider.com. You can also reach us by mail at One Liberty Plaza, 8th Floor, New York, NY 10006, Attn: Subscriptions.
NOTICE OF COPYRIGHT INFRINGEMENT FORM
Insider, Inc., Attn: Copyright Infringement
One Liberty Plaza, 8th Floor, New York, NY 10006
copyrightinfringement@insider.com
Date: ______________
Dear Madam or Sir:
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that the information in this Notice of Infringement is accurate, and that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ______________________________ (the "Owner").
I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner's rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.
Location of the alleged infringing material: ________________________________________________________________.
Description of the infringing material: ____________________________________________________________________.
Description of the copyrighted work that you claimed is infringed: _____________________________________________.
You may contact me at:
Name: ___________________________________
Title: ____________________________________
Company: ________________________________
Street address: ____________________________
City, State: _______________________________
Zip: _____________________________________
Tel.: ____________________________________
E-mail: __________________________________