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WCTU TERMS OF USE

**IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms" or "Agreement") CAREFULLY BEFORE USING THIS SITE. THESE TERMS GOVERN YOUR LEGAL RIGHTS AND RESPONSIBILITIES, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION THROUGH ARBITRATION.

 

These Terms of Use outline the rules and conditions that apply to your use of the current and future online and mobile websites, platforms, services, applications, and networks owned or operated by WCTU Cleveland 13 News LLC (referred to as "WCTU" or "we"). These include, without limitation, cleveland13news.com and any other platforms or services provided by WCTU (collectively, the "Site" or "Sites"). By accessing or using any of the Sites, you accept and agree to abide by these Terms of Use, which apply when you access content, videos, or any other features on the Sites.

 

(A) Governing Terms. These Terms of Use, in conjunction with any additional terms and conditions referred to herein or presented elsewhere on the Site concerning specific services or features, as well as the WCTU Privacy Policy, establish the terms that govern your use of the WCTU Site. By using the Site, you commit to adhere to all the terms and conditions outlined herein. If you do not agree with these Terms of Use, please refrain from accessing or using the Site.

 

(B) Changes to Terms of Use. WCTU reserves the right to modify, in part or in whole, or add and remove terms at any time. Any such modifications, additions, or deletions will become effective immediately upon being posted. Your continued use of the Site after such changes will be considered your acceptance of these modifications, additions, or deletions.

 

(C) Changes to Site. WCTU may, at its discretion, alter or discontinue any aspect, service, or feature of the Site at any time. This includes but is not limited to content, availability hours, and equipment requirements for access and use.

 

(D) Registration. You may have the option to register through an online form to create a user account ("Your Account"). This account may enable you to receive updates from WCTU and participate in specific features on the Site, such as certain Interactive Areas. WCTU will handle the information you provide in accordance with the WCTU Privacy Policy. By registering, you affirm that all information on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration details on the Site to ensure they remain current, complete, and accurate. During the registration process, you may need to select a password and/or username. You acknowledge and agree that WCTU may rely on this password or username to identify you. You are responsible for safeguarding the confidentiality of your username(s) or password(s), if applicable. Regardless of whether you authorized such access or use, you are accountable for all activities carried out using Your Account, and you must ensure that all usage of Your Account fully adheres to the provisions of these Terms of Use.

 

(E) Equipment. You are responsible for acquiring and maintaining all necessary connectivity, computer software, hardware, and other equipment required to access and utilize the Site. You are also responsible for any associated charges.

 

2. User Content and Conduct; Community Guidelines

This section outlines the rules and guidelines for user-generated content and user conduct on the WCTU platform, including Interactive Areas:

(A) Interactive Areas. WCTU may feature comments sections, discussion forums, or other interactive features ("Interactive Areas"), where users can post or upload user-generated content, comments, videos, photos, messages, or other materials (collectively referred to as "User Content"). You are solely responsible for your interactions in any Interactive Areas, and you do so at your own risk. Interactive Areas are accessible to individuals aged 13 years or older. By submitting User Content to an Interactive Area, you affirm that you are at least 13 years old, and if you are under 18, you confirm that you either have the legal consent of your parent or legal guardian to agree to these Terms of Use, submit content, participate on the Site, and fulfill the obligations outlined herein, creating a binding contract between you and WCTU. Employees of WCTU may not submit User Content without obtaining permission from their supervisors.

(B) Community Guidelines. By submitting User Content or participating in Interactive Areas within or in connection with the Site, you agree to adhere to the following code of conduct:

You agree not to upload, post, or transmit User Content that:

  • Violates or infringes upon the rights of others, including statements that defame, harass, stalk, or threaten others.

  • You know to be false, misleading, or inaccurate.

  • Contains expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity, or profanity.

  • Contains or promotes pornography or sexually explicit content, pedophilia, incest, bestiality, or is otherwise obscene or lewd.

  • Violates any law or promotes or instructs illegal or predatory acts or discusses illegal activities with the intent to commit them.

  • Promotes violent behavior.

  • Poses a reasonable threat to personal or public safety.

  • Contains violent images of killing or physical abuse primarily for exploitative, prurient, or gratuitous purposes.

  • Infringes upon copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express permission of the owner of such rights. You are solely responsible for determining whether any User Content infringes upon copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights, and you are liable for any resulting damages.

  • Does not pertain to the designated topic or theme of any Interactive Area.

  • Contains unsolicited or unauthorized advertising or promotional materials related to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

  • Engages in activity that could constitute a criminal offense or civil liability.

  • Infringes upon the right of privacy, including by collecting personally-identifiable information about Site users or disclosing private information about third parties.

  • Contains User Content, software, or other materials that include a virus or other harmful or disruptive component

  • Interferes with or disrupts the Site or the servers or networks connected to it, or violates any network requirements, procedures, policies, or regulations.

  • You agree not to impersonate any person or entity, including WCTU or any WCTU employee, intern, affiliate, team member, or falsely state or misrepresent your affiliation with any person or entity.

  • You agree not to suggest or represent, directly or indirectly, WCTU's endorsement of User Content.

  • You agree not to interfere with another user's right to privacy, including by harvesting or collecting personally-identifiable information about Site users or posting private information about a third party.

  • You agree not to use any technology, service, or automated system to artificially increase the page views of your User Content, or to post more User Content than an individual could reasonably upload in a given time period. This includes but is not limited to pay-per-click services, web "robots," and any other current or future technologies. You also agree not to direct any third party to use such services, technologies, or automated systems on your behalf.

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, or access to the Site, for commercial purposes.

  • Any conduct that, in WCTU's sole discretion, hinders or limits anyone else's use or enjoyment of the Site is not allowed. WCTU reserves the right to remove or edit User Content submitted by you and to terminate Your Account for any reason.

  • WCTU does not endorse the accuracy or credibility of any User Content and assumes no responsibility or liability for any actions taken as a result of reading User Content posted on the Site. When using Interactive Areas, you may encounter content that you find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks associated with dealing with underage individuals, individuals acting under false pretenses, international trade issues, and foreign nationals. By using Interactive Areas, you assume all associated risks.

 

(C) Monitoring. WCTU has the right, though not the obligation, to monitor User Content posted or uploaded to the Site to ensure compliance with these Terms of Use, operational rules established by WCTU, and to comply with any applicable law, regulation, or authorized government request. Although WCTU has no obligation to monitor, screen, edit, or remove any User Content posted or uploaded to the Site, it reserves the right, and has absolute discretion, to screen, edit, refuse to post, or remove User Content without notice at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. Additionally, WCTU may share personally identifiable information in response to law enforcement requests or as required by law. For more details, please refer to the WCTU Privacy Policy.

The decision by WCTU to monitor and/or modify User Content does not imply any responsibility or liability on the part of WCTU in connection with or arising from your use of Interactive Areas on the Site.

 

(D) License to User Content. By submitting User Content to the Site, you automatically grant WCTU and its parent company the royalty-free, perpetual, irrevocable, non-exclusive right and license (but not the obligation) to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license, and exploit such User Content (in whole or in part) worldwide, in any form, media, or technology now known or hereafter developed, for the full term of any copyright in such User Content, without payment to you or any third parties. You represent and warrant that you have the full legal right, power, and authority to grant WCTU the license provided herein, and that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license. Neither the User Content nor the exercise of the rights granted herein shall violate these Terms of Use, infringe upon any rights of privacy or right of publicity, constitute libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant WCTU the right, but not the obligation, to pursue legal action against any person or entity that violates your or WCTU's rights in the User Content through a breach of these Terms of Use.

 

(E) Moral Rights. If you retain moral rights (including rights of attribution or integrity) in the User Content, you declare that:

  • You do not require the use of any personally identifying information in connection with the User Content or any derivative works or updates thereto.

  • You have no objection to the publication, use, modification, deletion, and exploitation of the User Content by WCTU or its licensees, successors, and assigns.

  • You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any User Content.

  • You release WCTU, its licensees, successors, and assigns from any claims that you could otherwise assert against WCTU by virtue of any such moral rights.

  • You permit any other user to access, view, store, or reproduce the User Content for that user’s personal use.

 

(F) No Obligation. User Content submitted by you will be considered non-confidential, and WCTU is under no obligation to treat such User Content as proprietary information, except pursuant to the WCTU Privacy Policy. Without limiting the foregoing, WCTU reserves the right to use any User Content as it deems appropriate, including, but not limited to, deleting, editing, modifying, rejecting, or refusing to post it. WCTU is under no obligation to edit, delete, or otherwise modify User Content once it has been submitted. WCTU shall have no duty to attribute authorship of User Content to you and shall not be obligated to enforce any form of attribution by third parties.

 

3. Copyright Ownership

The WCTU Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, video, graphics, music, and sound. The entire contents of the Site are protected under United States copyright laws. WCTU holds the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content created by WCTU. You are not permitted to modify, publish, transmit, engage in the transfer or sale, create derivative works, or exploit any of the content, whether in whole or in part. Downloading copyrighted material from the Site is allowed for personal use only. Unless expressly permitted under copyright law, you may not copy, redistribute, retransmit, publish, or engage in commercial exploitation of downloaded material without obtaining explicit permission from WCTU and the copyright owner. If you are permitted to copy, redistribute, or publish copyrighted material, you must not alter or remove author attribution, trademark legends, or copyright notices. Please be aware that downloading copyrighted material does not grant you ownership rights over that material.

 

4. Third-Party Content

WCTU serves as a distributor (and not as a publisher or creator) of content provided by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, belong solely to the respective author(s) or distributor(s) and do not reflect the views of WCTU. Neither WCTU nor any third-party information provider guarantees the accuracy, completeness, usefulness, merchantability, or fitness for any particular purpose of any content. (Please refer to Section 6 below for complete provisions regarding limitations of liability and disclaimers of warranty.)

In many cases, the content accessible through the Site represents the opinions and judgments of users or information providers who are not affiliated with WCTU. WCTU neither endorses nor assumes responsibility for the accuracy or reliability of any opinion, advice, or statement made on the Site by any third party. WCTU will not be directly or indirectly responsible or liable for any losses or damages resulting from your use or reliance on information obtained through the Site. WCTU bears no responsibility for any actions or inaction on your part based on the information presented on the Site. It is your responsibility to assess the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Site. When evaluating specific information, opinions, advice, or other content, you should seek advice from appropriate professionals, as needed.

 

5. Advertisements and Promotions

WCTU may display advertisements and promotions from third parties on the Site. Your interactions or communications with, as well as your participation in promotions offered by advertisers other than WCTU, including any terms, conditions, warranties, or representations related to such interactions, are entirely between you and the respective third party. WCTU is not responsible or liable for any type of loss or damage incurred as a result of these interactions or due to the presence of third-party advertisers on the Site.

 

6. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims

(A) Disclaimer of Warranty. You explicitly acknowledge that your use of the Site is at your sole risk. Neither WCTU, its current or future parent(s), subsidiaries, or related entities (collectively, "WCTU Entities"), nor any of their respective employees, agents, third-party content providers, or licensors make any warranties or guarantees regarding the uninterrupted or error-free operation of the Site. Additionally, they do not warrant the results that may be achieved from using the Site or the accuracy, reliability, or content of any information, service, or merchandise provided through the Site.

(B) As-Is Basis. The Site, including any downloadable software, is provided on an "as-is" basis without warranties of any kind, either express or implied. These warranties include, but are not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except as required by laws that cannot be excluded, restricted, or modified.

(C) Educational and Informational Content. The Site may offer health, fitness, nutritional, and other information. However, this information is intended for educational and informational purposes only. It should not be considered a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. WCTU is not responsible for any actions or inactions on the part of users based on the information presented on the Site.

(D) Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall WCTU Entities be liable to you for:

  • Any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction.

  • Any form of indirect, special, incidental, consequential, exemplary, or punitive damages.

  • Any direct damages in excess of one hundred dollars ($100).

This limitation of liability applies to any claims arising from the use of the Site, including alleged failures of performance, errors, omissions, interruptions, deletions, defects, or delays in service, operation, or transmission of the Site, or any alleged computer virus, communication line failure, theft, or destruction of property, and/or unauthorized access to, alteration of, or use or posting of any record, content, or technology pertaining to or on the Site. You agree that this limitation of liability applies regardless of the basis for which liability is claimed, including but not limited to breach of contract, tortious behavior, negligence, or any other cause of action, and even if WCTU Entities have been advised of the possibility of such loss or damage. Additionally, you acknowledge that WCTU is not liable for any actual or alleged defamatory, offensive, or illegal conduct by other Site users or any third parties.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, these limitations will apply only to the extent permitted by applicable law. This limitation of liability provision applies to residents of New Jersey.

(E) Unauthorized Access to Personally Identifiable Information. WCTU disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to WCTU's disclaimer of any such liability. If you do not agree, you should refrain from accessing or using the Site.

(F) Time Limitation for Claims. Subject to Section 12, any dispute, claim, or controversy arising from or related to the Service or your use of the Service and/or Site, these Terms of Use, or the relationship between us must be initiated within one year of the relevant events. A dispute is considered initiated if it is filed in arbitration or, if the dispute is non-arbitrable, in a court with jurisdiction during the one-year period. If you or we provide notice of a dispute under Section 12(2), the one-year period is paused for 60 days following receipt of the notice of dispute (although it may be further extended if your dispute, claim, or controversy is part of a mass filing as contemplated in Section 12(9)). You and we both waive the right to pursue any dispute, claim, or controversy not filed within one year, and any rights you or we may have had to pursue that dispute, claim, or controversy in any forum are permanently barred.

 

7. Indemnification

You agree to defend, indemnify, and hold harmless WCTU, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising from your use of the Site or your Account. WCTU reserves the right to assume exclusive defense of any claim for which we are entitled to indemnification under this Section. In such cases, you shall provide WCTU with the cooperation reasonably requested.

8. Termination

WCTU may terminate or suspend these Terms of Use at any time without prior notice. Without limiting the foregoing, WCTU reserves the right to immediately terminate Your Account in the event of any conduct by you that WCTU, in its sole discretion, deems unacceptable or in the event of any breach of these Terms of Use by you. Provisions outlined in Sections 1 through 15 shall remain in effect even after the termination of these Terms of Use.

9. Trademarks

WCTU, its parent, subsidiaries, and affiliates retain all rights to their logos and trademarks used in connection with the Site. Any other logos and trademarks visible on the Site belong to their respective owners.

10. Governing Law and Venue

The content, data, video, and all other material and features on the Site are provided for the purpose of offering entertainment, news, information, and promoting programs, films, music, games, and other products and services that are or may become available in the United States, its territories, possessions, and protectorates.

Any disputes, claims, or controversies arising from or related to your access to and use of the Site, and the provision of content, services, and technology on or through the Site, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Ohio, applicable to contracts made, entered into, and performed entirely within Ohio, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. Any dispute not subject to arbitration under Section 12 (Dispute Resolution) of this Agreement, or any issues involving arbitrability or enforcement of provisions under Section 12, shall be brought in the appropriate state or federal court located in Cuyahoga County, Ohio. Both parties irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Cuyahoga County, Ohio, for the adjudication of all non-arbitral claims.

11. Severability

Except as specified in Section 12 (Dispute Resolution), if any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, that provision shall be considered severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This constitutes the entire agreement between the parties concerning the matters contained herein.

 

12. Dispute Resolution

WCTU is committed to promptly addressing customer concerns. Please reach out to WCTU through our feedback portal at wctu.com/feedback.

In the unlikely event that you are dissatisfied with the solution provided by customer service and informal dispute resolution procedures outlined below do not resolve the issue, both parties agree to resolve disputes through binding arbitration or in small claims court instead of pursuing claims in general jurisdiction courts.

Arbitration is a more informal process than a court lawsuit. It involves a neutral arbitrator rather than a judge or jury, allows for more limited discovery, and is subject to very limited court review. Unless expressly restricted by this arbitration provision, arbitrators can award the same damages and relief as a court. All arbitrations under this Agreement will proceed on an individual basis; class arbitrations and class actions are not permitted. In arbitration, you may be entitled to recover attorney's fees from us to the same extent as you would in court.

ARBITRATION AGREEMENT

(1) Claims Subject to Arbitration: To the fullest extent allowed by applicable law, WCTU and you agree to arbitrate all disputes and claims between us, except for claims related to bodily injury or those involving the enforcement, protection, or validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates, and partners). This Arbitration Agreement is intended to be broadly interpreted and encompasses, but is not limited to:

  • Claims related to any aspect of our relationship, whether based on contract, tort, fraud, misrepresentation, or any other legal theory.

  • Claims arising before this or any prior Agreement, including claims related to advertising.

  • Claims for mental or emotional distress or injury not arising from physical bodily injury.

  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.

  • Claims that may arise after the termination of this Agreement.

References to "WCTU," "you," "we," and "us" in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries, and affiliates (including Warner Bros. Discovery, Inc. and its affiliates); those entities and our respective agents, employees, licensees, licensors, and content providers at the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. However, either party may elect to have claims heard in small claims court seeking only individualized relief, as long as the action is not removed or appealed to a general jurisdiction court. This Arbitration Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies. By entering into this Agreement, you and we each waive the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. This Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) concerning interpretation and enforcement of this arbitration provision. This Arbitration Agreement remains in effect after the termination of this Agreement.

(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and WCTU recognize that genuine, good-faith, informal efforts to resolve disputes can lead to a quick, cost-effective, and mutually beneficial resolution. Therefore, a party intending to initiate arbitration or file a claim in small claims court must first send a written Notice of Dispute ("Notice") to the other party. A Notice from you to WCTU must be emailed to notice@cleveland13news.com ("Notice Address"). The Notice must contain:

  • Your name, address, and email address.

  • A description of the nature and basis of the claim or dispute.

  • Relevant facts regarding your use of the Sites if you are submitting the Notice.

  • A description of the specific relief sought, including damages and a detailed calculation.

  • A personally signed statement verifying the accuracy of the Notice's contents.

The Notice must be individualized, addressing only your dispute.

After receiving a completed Notice, the parties must make a good faith effort to resolve the dispute for 60 days (which may be extended by agreement). Upon completion of the Notice process, you and WCTU agree that a telephone or video settlement conference may be requested, to be held at the earliest mutually-convenient time, attended by both parties and their counsel if represented. If no resolution is reached within 60 days (or a longer period agreed upon by both parties) after receiving the Notice, either party may commence an arbitration or small claims court proceeding if permitted by applicable rules.

Compliance with these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a prerequisite for initiating arbitration. Statute of limitations and filing fee deadlines are tolled during the informal dispute resolution procedures set forth in this Section 12.2. Failure to meet these requirements may result in a court injunction against arbitration. The arbitration administrator may not accept, administer, assess, or demand fees for an arbitration initiated without completing the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures unless prohibited by law. If arbitration is already pending, it shall be administratively closed. This paragraph does not limit a party's right to seek damages for non-compliance with these Procedures in arbitration.

(3) Arbitration Procedure: Arbitration will follow the applicable rules of the National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, if applicable), as modified by this Arbitration Agreement, and will be administered by NAM. If NAM is unavailable or unwilling, another arbitration provider shall be chosen by the parties, or if they cannot agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5. The NAM Rules can be found at www.NAMADR.org, by calling NAM at 1-800-358-2550, or by requesting them in writing at the Notice Address. You can obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.

The party initiating arbitration must submit a certification that they have completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures referenced in Section 12.2 and that they are party to this Arbitration Agreement. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel if represented). The arbitrator will decide all issues, except as expressly provided herein and as to issues regarding the scope and enforceability of the Arbitration Agreement or whether a dispute should be arbitrated (including whether it is subject to this Arbitration Agreement or a prior arbitration provision between you and WCTU), which will be decided by a court of competent jurisdiction. The arbitrator may consider, but is not bound by, rulings in other arbitrations involving different customers. Unless agreed otherwise by the parties or dictated by NAM Rules, arbitration hearings will take place in the county (or parish) of your billing address, and both you and a WCTU representative must attend in person. After the arbitration, the arbitrator will provide a reasoned written decision explaining the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and WCTU and will not have any preclusive effect in another arbitration or proceeding involving different parties. Arbitrator's awards that have been fully satisfied will not be entered in any court.

Just as in court, parties and their counsel in arbitration must certify compliance with the requirements of Federal Rule of Civil Procedure 11(b), including the certification that the claim or relief sought is not frivolous or brought for an improper purpose. The arbitrator is authorized to impose sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against parties and their counsel when appropriate. Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome available in court, including attorneys' fees and costs in accordance with applicable law. Unless otherwise provided by applicable law, each party shall bear their attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or determines that the claim, defense, or relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(4) Arbitration Fees: Arbitration fees (including filing, arbitrator, and hearing fees imposed by the arbitration administrator) will follow the applicable NAM Rules unless you qualify for a fee waiver under applicable law. If, after exhausting potential fee waivers, the arbitrator finds arbitration fees prohibitive for you compared to litigation, we will pay the necessary portion of your filing, arbitrator, and hearing fees to prevent arbitration from being cost-prohibitive, regardless of the arbitration outcome, unless the arbitrator determines that your claims were frivolous, brought for an improper purpose, or asserted in bad faith. You and we agree that arbitration should be cost-effective, and any party may engage with NAM to address fee reduction or deferral.

(5) Confidentiality: Upon request by either party, the arbitrator will issue an order requiring that confidential information disclosed during arbitration (whether in documents or orally) may not be used or disclosed except in connection with arbitration or enforcing the arbitration award. Any permitted court filing of confidential information must be done under seal to the fullest extent allowed by law.

(6) Offer of Settlement: In any arbitration between you and WCTU, the defending party may, but is not obligated to, make a written settlement offer before the evidentiary hearing or, if allowed, before a dispositive motion is granted. The terms or amount of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award favors the other party and is less than the settlement offer, or if the award is in the defending party's favor, the other party must pay the defending party's costs incurred after the offer, including attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in arbitration, then the offer in this provision will cease the accumulation of any costs to which the party bringing the claim may be entitled for that cause of action.

(7) Requirement of Individualized Relief: The arbitrator may grant declaratory or injunctive relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and WCTU agree that claims may only be brought against the other party in your or our individual capacity, not as a plaintiff or class member in any class, representative, or private attorney general proceeding. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of a representative, class, or private attorney general proceeding. If any of these restrictions are found to be unenforceable with respect to a particular claim or request for relief (such as a request for injunctive relief), then such claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations between you and WCTU are subject to this Section 12 and not to any prior arbitration agreement you had with WCTU. Notwithstanding any provision in this Agreement to the contrary, this Section 12 amends any prior arbitration agreement you had with WCTU, including with respect to claims arising before this or any prior arbitration agreement.

 

(8) Opt Out of Future Changes: If WCTU makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject such change by sending WCTU an email to notice@cleveland13news.com within 30 days of the posting of the amended arbitration agreement. Your opt-out email must include your full legal name, complete mailing address, phone number, username or email associated with any potential account or newsletter, and the approximate date of your initial use of the relevant Site. You must send this opt-out email personally and include a statement, personally signed by you, expressing your wish to reject the change to the Arbitration Agreement. This opt-out only rejects changes to the Arbitration Agreement; it does not opt you out of arbitration altogether.

(9) Mass Filing: If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings ("Mass Filing") set forth in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules"), you and we agree that additional procedures shall apply. The parties acknowledge that participating in a Mass Filing may cause delay in the adjudication of their disputes, and any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled from the initiation of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures in compliance with Section 12.2 until your claim is selected to proceed as part of a staged process, settled, withdrawn, otherwise resolved, or opted out of arbitration.

 

Stage One: Counsel for the claimants and counsel for the other party shall each select 25 claims per side (totaling 50 claims) to be filed and proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or deemed filed in arbitration, and no arbitration fees shall be assessed for those claims unless and until they are selected to proceed in individual arbitration proceedings as part of a staged process. After the initial set of staged proceedings is completed, the parties shall engage in a global mediation session for all remaining claims, with a retired federal or state court judge mediating, and WCTU will pay the mediator's fee.

Stage Two: If the remaining claims are not resolved during the global mediation session in Stage One, counsel for the claimants and counsel for WCTU shall each select 50 claims per side (totaling 100 claims) to be filed and proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or deemed filed in arbitration, and no arbitration fees shall be assessed for those claims unless and until they are selected to proceed in individual arbitration proceedings as part of a staged process. After the second set of staged proceedings is completed, the parties shall engage in a global mediation session for all remaining claims, with a retired federal or state court judge mediating, and WCTU will pay the mediator's fee.

Stage Three: If the remaining claims are not resolved during the global mediation session in Stage Two, counsel for the claimants and counsel for WCTU shall each select 100 claims per side (totaling 200 claims) to be filed and proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or deemed filed in arbitration, and no arbitration fees shall be assessed for those claims unless and until they are selected to proceed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session for all remaining claims, with a retired federal or state court judge mediating.

If your claim is not resolved as part of the staged process identified above, you have two options:

Option One: You and WCTU may separately or by agreement opt out of arbitration and elect to have your claim heard in court, consistent with the Agreement. You can opt out of arbitration by providing a personally signed notice of your intention to opt out by sending WCTU an email to notice@cleveland13news.com. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must be sent within 30 days after the conclusion of Stage Three or the elective mediation associated with Stage Three. WCTU may also opt your claim out of arbitration by sending a personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt-out period. Counsel for the parties may agree to adjust these deadlines.

Option Two: If neither you nor WCTU elect to have your claim heard in court as per Option One, then your claim will be resolved as part of continuing, staged individual arbitration proceedings. If the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, and no arbitration fees shall be assessed for those claims unless and until they are selected to proceed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat in accordance with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction is authorized to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.

You and WCTU acknowledge the importance of the integrity and efficiency of arbitration for the fair resolution of disputes between you and WCTU. You agree to act in good faith to ensure that the procedures outlined herein are followed. The parties further agree that the application of these Mass Filing procedures has been reasonably designed to result in an efficient and fair adjudication of such cases.

(10) Severability: If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, that portion shall be deemed severable, and if possible, replaced with a valid, enforceable provision or portion thereof that reflects the original intent as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid in accordance with its terms.

13. Class Action and Jury Trial Waiver

You and WCTU agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity and may not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and WCTU may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and WCTU may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or WCTU may participate in a class-wide settlement.

To the fullest extent permitted by law, you and WCTU waive any right to a jury trial.

 

14. Miscellaneous

These Terms of Use and any operating rules for the Site established by WCTU constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of WCTU, its parent, subsidiaries, other affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If you access the Site, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

Neither WCTU nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel, or energy shortages, or acts or omissions of other common carriers.

Content published on WCTU Cleveland 13 News is sourced from diverse channels, including contributions from the general public. Cleveland 13 News is a public news network that empowers individuals to exercise their freedom of the press by providing a platform to share their content. It's vital to recognize that the content featured and published on our network may at times contain inaccuracies or be incomplete due to the diverse origins of these contributions. This accessibility allows for public discourse, enabling our community to address inaccuracies, foster dialogue, and collectively strive for a more accurate representation of events and information.

 

15. Copyrights and Copyright Agent

WCTU respects the rights of all copyright holders and in this regard, WCTU has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WCTU’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  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 permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party;

  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.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

WCTU Cleveland 13 News LLC
6509 Brecksville Road.
Unit #31104
Cleveland, Ohio 44131-4854
Phone: +1 (216) 532-5138
Email: notice@cleveland13news.com

For web posting, reprint, transcript for WCTU material, please contact licensing@cleveland13news.com

For any questions or requests other than copyright issues or licensing requests, please contact cleveland13news.com/contact-us.

 

These Terms of Use were last updated on September 10, 2023.

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