Terms of Use - Reviews.com

Acceptance of the Terms of Use

These terms of use are entered into by and between You and reviews.com (“reviews.com” “we,” or “us”). The following terms and conditions (“Terms of Use“) govern your access to and use of reviews.com, including any content, functionality, and services offered on or through reviews.com (the “Website“). Our Terms incorporate current legal and industry standards for online services, including accessibility expectations aligned to WCAG and modern dispute-resolution, copyright, privacy, and security practices supported by authoritative guidance (for example, the U.S. Department of Justice’s final rule on web/mobile accessibility and WCAG adoption, and updated U.S. arbitration case law). See DOJ ADA Title II web/mobile final rule, WCAG 2.2 highlights, and arbitration authorities cited below.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Our Privacy Policy describes tracking/advertising practices and state privacy rights, including opt-outs for “sale”/“sharing” and targeted advertising under applicable U.S. laws (e.g., California CPRA regulations requiring recognition of opt-out preference signals and Colorado’s recognized universal opt-out mechanisms). See CPPA regulations.

These Terms of Use contain a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate; please see the Legal Disputes section. In addition: (a) courts compelled to arbitration must stay proceedings—not dismiss—if a stay is requested under 9 U.S.C. §3 (Smith v. Spizzirri); (b) federal courts recognize an automatic stay of trial-level proceedings during an interlocutory appeal from an order denying a motion to compel arbitration; and (c) claims for sexual assault or sexual harassment may be brought in court at the claimant’s election under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §402 (statutory text).

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective when posted to the Website. Any changes to dispute-resolution terms will not apply to disputes of which the parties had actual notice before posting. For material updates to arbitration, forum selection, or privacy choices, we will provide prominent notice and may request renewed assent consistent with best practices for contract formation and update mechanics described in current arbitration guidance (see Coinbase v. Suski considerations on multi-agreement sequencing).

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We may implement protective measures such as rate limiting, anti-abuse tooling, multi-factor authentication (MFA), IP geofencing where legally required, and maintenance windows. Our security program aligns to recognized frameworks and current threat intelligence (e.g., NIST CSF 2.0; see also threat and control expectations in ENISA Threat Landscape and Microsoft Digital Defense Report). We may suspend or restrict access to protect users and the service, including during DDoS events or incident response.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We also maintain a coordinated vulnerability disclosure process; do not test or report security issues through public channels. Security research must follow responsible disclosure—no disruption, no data exfiltration, and prompt reporting—consistent with contemporary standards for coordinated vulnerability disclosure and identity-focused threat defenses referenced above.

Intellectual Property Rights

The Website and its entire contents, features, articles, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by reviews.com, its licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. We apply modern IP practices reflecting evolving guidance: the U.S. Copyright Office has confirmed protection requires human authorship and applicants must disclose AI-generated material in registrations (U.S. Copyright Office AI guidance); in the EU, the AI Act places copyright-compliance duties on general-purpose AI providers, including honoring text/data mining (TDM) opt-outs (EU AI Act overview); and platforms operating in the EU follow DSA notice-and-action obligations for illegal content, including IP infringements (EU DSA).

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access, scrape, or use any part of the Website or any services or materials available through the Website for commercial purposes, including: bulk extraction, web scraping, text/data mining, or using our content, data, or metadata to train or improve AI models or similar systems without our express written permission (reflecting emerging IP and AI governance practices described by the U.S. Copyright Office and the EU AI Act). If you want to republish material on the Website other than that set out in this section, please submit your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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,” “spam,” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

By way of emphasis, prohibited misuse includes attempting credential stuffing, password spraying, or evading rate limits and access controls (controls reflected in current security guidance such as Microsoft’s Digital Defense Report); bulk scraping, text/data mining, or training of AI models on our content without permission (see U.S. Copyright Office AI guidance and EU AI Act); and using embeds or pixels on our pages to transmit sensitive or protected health information to third parties (see HHS tracking technologies guidance). You agree to comply with applicable sanctions and export-control laws when accessing the Website (see OFAC sanctions programs).

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. Where applicable, we operate notice-and-action and appeal mechanisms consistent with leading frameworks (e.g., EU Digital Services Act and UK Online Safety) and with distribution platform requirements for UGC apps (Apple App Store, Google Play).

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We comply with U.S. safe-harbor and safety laws applicable to UGC, including the DMCA (adopting and reasonably implementing a repeat-infringer policy, processing notices and counter-notices, and accommodating standard technical measures) and mandatory reporting of apparent child sexual abuse material to NCMEC (18 U.S.C. §2258A). See DMCA §512 overview and 18 U.S.C. §2258A.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
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 Website.
Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, 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.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

For clarity, we operate copyright notice-and-takedown and counter-notice processes in accordance with DMCA §512 (including a repeat-infringer policy), and we maintain safety workflows for mandatory reporting of apparent child sexual abuse material (18 U.S.C. §2258A). See DMCA §512 overview and 18 U.S.C. §2258A.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Arbitration timelines and outcomes, where discussed, vary by forum and case; for an example of system-wide metrics in a large U.S. program, see FINRA dispute resolution statistics.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our consent. For accessibility and SEO, use descriptive anchor text and appropriate rel attributes for outbound links (e.g., rel=”sponsored” for paid/affiliate, rel=”ugc” for user-generated links) per Google guidance. For high-quality social previews, ensure Open Graph/Twitter Card tags are accurate and tested with platform debuggers (Meta, X Cards).

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. Where third‑party embeds or pixels are used, you acknowledge that those providers may collect data pursuant to their own policies; when applicable privacy law treats such data flows as a “sale,” “share,” or targeted advertising, you may exercise opt-out rights as described in our Privacy Policy and via recognized signals (see CPPA regulations). In sensitive contexts, do not load third‑party trackers absent appropriate consent or compliant modes (see HHS guidance).

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. When third‑party pixels/embeds are present, your interactions may be used for targeted advertising; state privacy laws may treat this as a “sale”/“share” and afford opt-outs (see CPPA regulations), and recognized universal opt-out mechanisms may apply in some states.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We may implement access controls necessary to comply with applicable sanctions or other legal obligations, and when a block is legally required we may return HTTP 451 “Unavailable For Legal Reasons” and provide an accessible notice (see RFC 451 and OFAC). If you sell to or serve users in the EU/EEA, note that unjustified geo‑blocking is restricted by the EU Geo‑blocking Regulation (overview).

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. We apply a risk-based security program aligned to NIST CSF 2.0 and informed by current threat reporting (ENISA, Microsoft), but no system is completely secure.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. This includes claims arising from misuse of third‑party embeds/pixels in violation of applicable privacy laws, violations of DMCA §512, or attempts to scrape, text/data mine, or train AI models on our content without permission.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Charlotte and County of Mecklenburg, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration/Class Waiver/Opt-Out Clauses

You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of the Terms of Use, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”). Where multiple agreements between us exist, a court may first decide which agreement governs before any arbitration proceeds if there is a material conflict between a delegation clause and a later forum-selection clause (see Coinbase v. Suski).

You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at adr.org. We acknowledge that leading providers (AAA/JAMS) have adopted mass‑arbitration procedures and fee schedules with batching, bellwethers, and staged fees to manage large volumes of similar claims; clause administration will align with such published procedures to the extent applicable (see AAA Consumer Mass Arbitration; JAMS Mass Procedures).

The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.

The Federal Arbitration Act governs the interpretation and enforcement of this section (“Legal Disputes”) regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated. If a court compels arbitration and a party requests a stay, the court must stay the case under 9 U.S.C. §3 (Smith v. Spizzirri). Transportation workers engaged in the flow of interstate commerce may be exempt from the FAA even if their employer is not a transportation company (Bissonnette v. LePage Bakeries); for any exempt disputes, applicable state arbitration law or court proceedings may apply. In California state court, an appeal from a denial of a motion to compel arbitration does not automatically stay trial proceedings; a discretionary stay must be sought under SB 365, whereas federal courts recognize an automatic stay of district‑court proceedings during such interlocutory appeals.
You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under the Terms of Use with a claim that is not eligible for arbitration under the Terms of Use. You and we agree to waive the right to a trial by jury for all disputes.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first became subject to this Agreement to Arbitrate, either by U.S. mail delivered to: 1101 Red Ventures Drive, Attn: Red Ventures Legal Department, Fort Mill, SC 29707. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this Agreement to Arbitrate.
If the prohibition against class actions and other claims brought on behalf of third parties contained in paragraph above is found to be unenforceable, then all of paragraphs of this section (“Legal Disputes”) will be null and void as to that Dispute.
This Agreement to Arbitrate will survive the termination of your relationship with us.
Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Mecklenburg County, North Carolina. You and we agree to submit to the exclusive and personal jurisdiction of such courts for all purposes in connection with this Agreement to Arbitrate. In California state court, if you appeal a denial of a motion to compel arbitration, you must seek a discretionary stay under SB 365; in federal court, trial‑level proceedings are stayed during such interlocutory appeals.
Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email. The EFAA allows plaintiffs alleging sexual assault or sexual harassment to elect court rather than arbitration (9 U.S.C. §402).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. We also maintain accessibility and safety practices informed by current regulations and standards (e.g., ADA Title II rule, WCAG 2.2, and European Accessibility Act), and we strive to provide accessible user journeys.

Your Comments and Concerns

This website is operated by Red Ventures, located at 1423 Red Ventures Drive, Fort Mill, SC 29707.

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent: Your notice must include the items required by 17 U.S.C. §512(c)(3): (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., URL); (4) your contact information; (5) a statement that you have a good faith belief that use of the material 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 you are authorized to act on behalf of the owner. We maintain and reasonably implement a repeat‑infringer policy as required for safe harbor protection. See DMCA §512 overview.

Julia Archer
939 Burke Street
Winston-Salem, NC 27101
Email: [email protected]
Telephone: (704) 248-2000

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]. Counter-notices for removed material should be sent to the same designated agent and must include the elements of 17 U.S.C. §512(g)(3). Upon receipt of a valid counter‑notice, we may restore the material in accordance with the statute.