This is important, so we are mentioning it here at the top of the Terms:

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by video conference.

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home or, if you are using the Website on behalf of a company, the principal place of business of your company. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

The laws of Pennsylvania govern these Terms. The arbitrator will apply Pennsylvania law to the claims in the arbitration.

The laws of Pennsylvania govern these Terms. The arbitrator will apply Pennsylvania law to the claims in the arbitration.

The answer to this question depends on whether the dispute arises out of a business-to-consumer transaction, with you as the consumer (B2C), or a business-to-business (B2B) transaction.

For disputes arising out of B2C transactions, in most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

For disputes arising out of B2B transactions, each side will be responsible for paying its own attorneys’ fees and costs and half of all fees assessed by JAMS for the arbitration.

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Philadelphia, Pennsylvania. This exception for equitable relief does not waive our Arbitration Agreement.

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

If we have entered into a Separate Agreement with you, then the choice of law, forum selection, and arbitration provisions (if any) of such Separate Agreement shall supersede these Terms and govern all disputes between us.

Our Company provides technology and advertising services through our turnkey advertising software and platform, the Source Digital Experience. We only provide such services pursuant to a Separate Agreement. AS a result, these Terms only apply to your use of the Website outside of any services that are covered in a Separate Agreement. If you have a Separate Agreement with us, and there is any conflict between the terms of the Separate Agreement and these Terms, then the Separate Agreement shall govern.

Third parties are any person or business other than you or us—in other words, someone who is not a party to these Terms. Here are a few examples of third parties:

• Our vendors. These third parties help us to run the Website. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.
• Other users of the Website. While other users may have agreed to the terms of the Website, they are not party to these Terms between you and us. Accordingly, when other users post Content to the Website, it is third-party Content—meaning neither you nor we are responsible for it.
• Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.

Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content.

The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.

We may ask you to create a user account (your “Account”) to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content.

It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

We refer to all content uploaded, posted, or communicated to or through the Website as “Content.” Your Content includes your posts and status updates, images, photographs, profile pictures and information, video and audio recordings, artwork, music, literary works, gifs, memes, reviews, comments, ratings, and your interactions with other users through the Website (both public and private messages). Your Content includes all Content posted through your Account, regardless of whether you personally posted it.

It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility

You agree not to post any of the following types of content:

• Infringing Content. Infringing Content is any Content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing Content; however, if your friend took a photograph and gave you permission to post it on the Website, it is no longer infringing
• Illegal or Obscene Content. Any Content prohibited by law—such as child pornography—is also prohibited on the Website. We also prohibit obscene Content, including Content depicting violence, rape, drug use, and similar illegal acts, whether fictionalized or real. We do not allow Content containing pornography, depiction of sexual acts, or nudity on the Website, whether legal or not.
• Threatening, Defamatory, or Invasive Content. We don’t allow any Content that threatens or spreads misinformation about other users or persons. We don’t allow any Content that violates a user’s privacy, such as doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening.
• Commercial Solicitations or “Spam.” Do not post Content that solicits other users or constitutes spam. Spammy comments are a great way to get your Account terminated. If you see other users posting spam, you should report it. We appreciate your help with our effort to keep the Website spam-free.

When you post prohibited Content, it creates legal problems for you and our Company. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us harmless Company for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend our Company in a lawsuit related to your Content. As you can see, it’s easier and cheaper if you don’t post the prohibited Content in the first place!

To prevent such claims from happening, we reserve the right to remove or edit your Content but we have no obligation to do so and we do not conduct such reviews as a matter of practice.

If your Content contains any reviews or comments—including reviews of the Website, our Company, or the Source Digital Experience, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted in your Content Company will have the right to republish all or part of your reviews and comments on the Website, Company’s social media accounts, advertising, and other media as Company deems fit.

When you access the Website or Products through a mobile network, your mobile provider’s rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent all Apps or Products from working.

By downloading and/or installing any App or other software Product, you consent to receive automatic software updates, where available.

When you use an App or other software Product, you may be given the opportunity to turn on or off certain permissions for us to access your device or Third-Party accounts. For example, we may ask for permission to track your activity across Third-Party apps. For Apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

• For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
• For text messages, respond STOP.
• For mobile push notifications, change your App permissions in the general settings for your mobile device.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.

So long as you comply with these Terms (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website—including the Content of other users—unless you first obtain our written permission. We reserve all rights not expressly granted in these Terms. If you breach any provision of these Terms, your license will automatically terminate.

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.

As we explain above, we may use your reviews and comments to promote the Website and/or the Source Digital Experience. Aside from these reviews and comments, we will not use your Content in advertising without first obtaining your permission.

Our name, logo, Product names, the Website domain, and all content and other materials available through the Website other than your Content (collectively, the “Company IP”) are trademarks, copyrights, and intellectual property that are owned by Company and our Third Party licensors and suppliers. Nothing in these Terms grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

Just as we ask you and other users to respect our intellectual property rights, we respect that of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”).

If you believe Content on the Website violates your copyright, please immediately notify Company by emailing a DMCA takedown notice (“Infringement Notice”) to us at [insert email address for monitored inbox to receive infringement notices]. Your Infringement Notice should include all the information described below:

• Identification of your copyrighted work.
• A description of the Content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
• Your name, address, telephone number, and email address.
• The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
• A written statement by you that:
• you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
• you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
• Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner

We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:

• providing false, misleading, or inaccurate information to Company or any other person in connection with your Account or the Website;
• impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
• accessing the Account of any other user;
• modifying or changing the placement and location of any advertisement posted through the Website;
• harvesting or collecting information about users, including email addresses and phone numbers;
• using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
• interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
• forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
• while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website;
• creating additional Accounts to promote yourself, your business, or a Third Party (or another’s) business, or causing others to do so; or
• paying or accepting payment from anyone for interactions on the Website, including paying for likes, reviews, and comments.

A warranty is a promise made by a business to a consumer about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THESE TERMS, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.

This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website, Services, and the Source Digital Experience—in fact, we could not provide them otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).

If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

The provisions of these Terms which, by their nature, should survive termination shall survive such termination, including the sections entitle ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.

If any provision of these Terms is declared invalid, void, or unenforceable, then that provision is severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

A waiver by either you or Company of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach.

You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of these Terms and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available HERE